What is meant by police custody?

Definition of ‘police custody’ If somebody or something is in police custody, they are kept somewhere secure, under the supervision of police officers, for example in a police station. He was being held in police custody last night after being refused bail.

How long can you be held in police custody for?

A person cannot normally be held by the police for more than 24 hours without being charged or released. In the cases of more serious offences a further 12 hour detention can be granted by a senior police officer and police can apply to a Magistrates Court to hold the suspect for up to 96 hours.

What is magistrate custody?

On the other hand, judicial custody implies that the accused is lodged in jail and is under the custody of a magistrate. Soon after the arrest, an accused can be kept in police custody for up to 24 hours. Police custody can be extended for a maximum period of 15 days.

What happens after police custody?

Soon after the arrest, an accused can be kept in police custody for up to 24 hours. Beyond that, it is the magistrate who decides whether he/she should stay in police custody or be remanded to judicial custody. Police custody can be extended for a maximum period of 15 days.

Will the police tell me if someone is in custody?

The police are not usually allowed to inform anyone of the fact that a person has been detained without their express permission. If someone who is in custody does want you to be informed of their arrest the custody staff will not give you information about how the police are progressing with their investigation.

What is a magistrate do?

In United States federal courts, magistrate judges are judges appointed to assist district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct other administrative duties.

What is Magistrate custody?

What is the meaning of Judicial Custody? Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In former, the accused is lodged in police station lockup while in latter, it is the jail.

Is a police caution a charge?

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime. Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks.

What are three duties of a Magistrate?

Magistrate duties include issuing various types of processes such as arrest warrants, summonses, search warrants, emergency protective orders, emergency custody orders, and certain civil warrants.

What is the difference between police custody and judicial custody?

In police custody, police get the right of physical custody of the accused to interrogate him/her. In judicial custody, the accused’s custody is under the magistrate. 2. Accused stays in lockup under police surveillance. Accused stays in jail on the order of magistrate.

What is the duration of judicial custody of an accused?

In case of not serious offences where judicial custody need not to take place first, Magistrate has to pass the order for police custody of the accused where police will have actual physical custody of the accused, and police custody can extend to 15 days with the order of Magistrate not more than this.

Can a magistrate order to send a person to police custody?

According to Section 167 (2) in The Code of Criminal Procedure, 1973, when police officer presents the arrested person in front of Magistrate, Magistrate can order to send him to police custody or judicial custody. When Magistrate orders to send the person to police custody, police will have actual physical custody of the arrested person.

What are the different types of custody?

Speaking broadly there are two types of Custody: It is actually the custody of a suspect with the police in a jail at the police station, to detain the suspect. When a person reports/complaints or inform police about any other person than following to that the police officer will arrest that person.