Rule 48.6 Review after temporary detentionI1

England and Wales

(1)

This rule applies in a case in which the court has ordered the respondent’s immediate temporary detention for conduct to which rule 48.5 applies.

(2)

The court must review the case—

(a)

if a magistrates’ court, later the same day; or

(b)

if the Court of Appeal or the Crown Court, no later than the next business day.

(3)

On the review, the court must—

(a)

unless the respondent is absent, repeat the explanations required by rule 48.5(2)(a); and

(b)

allow the respondent a reasonable opportunity to reflect, take advice, explain and, if he or she so wishes, apologise.

(4)

The court may then—

(a)

take no further action in respect of the conduct;

(b)

if a magistrates’ court, enquire into the conduct at once; or

(c)

if the Court of Appeal or the Crown Court—

(i)

enquire into the conduct at once, or

(ii)

postpone the enquiry, and order the respondent’s release from such detention in the meantime.

Annotations