Part 4: Police Powers Chapter 3: Powers Under PACE: Miscellaneous Section 74: PACE: detention: use of live links
This section amends Part 4 of PACE, which makes provision for, amongst other things, pre-charge detention. Subsection (2) inserts new sections 45ZA and 45ZB, which make provision for the use of video conferencing technology, termed 'live link', in connection with the extension of pre-charge detention.
	Under Part 4 of PACE a person may initially be detained pre-charge for a maximum of 24 hours. Section 42(1) and (2) of PACE provides for the authorisation of continued detention, for a maximum of a further 12 hours, at a police station by a police officer of the rank of superintendent or above. At present, the authorising officer must be physically present in the police station. New section 45ZA(1) enables these functions to be performed by an officer who is at a different location to where the suspect is held but has access to the use of live link, provided the following safeguards apply:
	a custody officer considers that the use of the live link is appropriate. This could be in circumstances where it would take the authorising officer a significant amount of time to arrive at the police station either because of duties or requirements elsewhere or due to the proximity of police station,
	the arrested person has had advice from a solicitor on the use of the live link, and
	the appropriate consent (as defined in new section 45ZA(2)) to the use of the live link has been given.
	New section 45ZA(4) applies to section 42 of PACE the modifications set out in new section 45ZA(5) to (7). Section 42(5)(b) requires the authorising officer to record the grounds for continued detention in the custody record and section 42(9)(b)(iii) and (iv) requires the officer to record any decision to refuse to allow a detainee to have someone informed of their arrest, with grounds; the modification enables another officer physically present at the police station to make such records instead of the authorising officer at the other end of the live link.
	Section 42(6) to (8) of PACE provide for the detained individual or his or her solicitor to make representations to the authorising officer (for example, to make the case for release on bail) orally or in writing. The officer determining the authorisation can refuse to hear oral representations if the authorising officer considers the individual to be unfit to make such representations by reason of his or her condition or behaviour. New section 45ZA(6) provides for representations to be made orally via live link or in writing, for example, by email or fax.
	Where an officer authorises the extension of a person’s detention and that person has not exercised their right to legal representation, section 42(9) of PACE requires the authorising officer to inform the detained person of that right. New section 45ZA(7) disapplies that requirement on the basis that the detained person will have had legal advice as a precondition for the use of live link.
	New section 45ZA(8) defines terms used elsewhere in the new section. The definition of an 'appropriate adult' includes the term "police purposes", by virtue of new section 45ZA(9): this term is defined by reference to the definition in the 1996 Act as including in relation to a police area, the purposes of (a) special constables appointed for that area; (b) police cadets undergoing training with a view to becoming members of the police force maintained for that area; and (c) civilians employed for the purposes of that force or of any such special constables or cadets.
	Sections 43 and 44 of PACE enable a magistrates’ court, on application by a constable, to extend pre-charge detention up to a maximum of 96 hours. A magistrates’ court may only hear such an application for a warrant of further detention, or for the extension of such a warrant, if the person to whom it relates is brought before the court. New section 45ZB(1) enables a magistrates’ court to hear an application under section 43 or 44 by means of live link. The court may give a direction to use live link, provided the following safeguards apply:
	a custody officer considers that the use of the live link is appropriate,
	the arrested person has had advice from a solicitor on the use of the live link,
	the appropriate consent (as defined in new section 45ZB(2)) to the use of the live link has been given, and
	it is not contrary to the interests of justice to give the direction.
	New section 45ZB(3) provides that where a live link direction is given by a magistrate, the requirement under section 43(2)(b) of PACE for the person in detention to be brought before the court for the hearing does not apply – thereby enabling a live link hearing between the police station and court.
	Subsections (4) and (5) of new section 45ZB defines various terms used in new section 45ZB. (As to the meaning of "police purposes" see above.)
	Subsection (3) makes a consequential amendment to section 45(1) of PACE to apply the definition of a magistrates’ court in that section to new section 45ZB, namely a court consisting of two or more justices of the peace sitting otherwise than in open court.
	Section 45A of PACE provides for the use of "video-conferencing facilities" for decisions about detention, in the case of an arrested person who is held at a police station. To ensure the consistent use of terminology in PACE, subsection (4) replaces references to "video-conferencing facilities" with the term "live link" and provides a definition of that term.
	Subsection (5) similarly replaces the references to "video-conferencing facilities" in section 40A of PACE which provides for the use of a telephone to conduct a review of detention under section 40 where it is not practicable to conduct the review via a live link.