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Warrant of further detention

A protocol is in place between PECS (HMPPS), HMCTS and the National Police Chiefs Council (NPCC) covering the management of detainees through court custody suites when police are making an application for a warrant of further detention (WOFD).

The police are advised to alert HMCTS to a likely application for a WOFD in good time prior to the expiry of the initial 36-hour detention period. HMCTS may then ensure that a court can be arranged to hear the application.

The detained person must be brought before the court for the hearing, either in person or via a live link (if the court directs). 

When physically attending court, it is fundamentally important that the defendant is brought to the court room via the cell area.

This is especially important where anonymity of the detained person needs to be maintained and avoiding the risk of compromise to the investigation.

The sole responsibility of the detained person will always lie with the police. 

When passing through the court custody suite in normal hours, police will maintain their custody of the individual, and the PECS supplier will ensure the area is sterile (maintaining anonymity).

Upon arrival to the court custody suite, PECS supplier staff will book in the detained person, the legal representative and the police as visitors, and escort them through the custody suite to the court.

At no time should the detained person be held in a cell or holding room within the custody suite. 

Should the application for WOFD be made outside of the normal court custody suite hours, the HMCTS legal advisor will ensure the cell area is opened for the police by out of hours security, allowing the detainee to pass through to the courtroom.

There is no requirement for the PECS supplier to be in the dock during the hearing, however they will collect the police and detainee following the hearing to escort them back through the custody suite.

Legal visits cannot be facilitated in the court custody suite prior to or after the hearing.