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Extended Detention

Volume 83: debated on Thursday 25 July 1985

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asked the Attorney-General whether it is proposed that the Crown Prosecution Service should be responsible for making the applications for extended detention provided for by section 43 of the Police and Criminal Evidence Act 1984.

Although section 43 of the Police and Criminal Evidence Act 1984 requires that such applications be made by a constable, it will sometimes be desirable for the officer to be legally represented. A requirement that the Crown Prosecution Service should undertake such applications would be inconsistent with its independent status and there will be no such requirement. But a crown prosecutor will have a discretion to provide legal representation for the making of such applications in cases where it appears appropriate to him to do so. My right hon. and learned Friend the Home Secretary and I both hope that when it is considered to be desirable for an officer to be represented on an application under section 43, such representation will normally be provided by a crown prosecutor. Such representation will normally be provided by the crown prosecutor once the service is operating.