Report and Recommendations - Scottish Government

individuals were being detained without court appearance for periods in excessof 60 hours 9 . The Review does not consider that this is acceptable either. Ofthe total custodies, less than 25% were committed to prison as distinct frombeing released unconditionally or on bail.Other jurisdictions5.2.9 In relation to Europe, there are a number of different time periods duringwhich a person can be arrested and detained without appearing in court. Thesehave been the subject of extensive research under the auspices of the EuropeanCommission 10 . It would not be productive to rehearse that material in detailhere; much of it being concerned with pre trial detention as a whole rather thanfocusing on the period from arrest to first appearance in court. However, theresearch does provide approximate time spans prior to that appearance,ranging from the next day to ninety-six hours after arrest. The table settingthese out is in Annex C.5.2.10 More specifically, in England and Wales, an arrested person can be detainedby the police without charge for an initial period of twenty-four hours 11 .Where deemed necessary for the purposes of the investigation, he/she can bedetained for a further twelve hours on the authority of a policesuperintendent 12 . A Magistrates Court can grant a warrant of further detention9 e.g. 2 am on the Saturday until 5 pm on the Monday10 van Kalmthout et al (eds): Pre Trial Detention in the European Union: An analysis of MinimumStandards11 PACE s 4112 s 42102