I was wondering if someone could help me with a technical query?

One of my character is involved in a struggle at his home with his friend, who has a knife. During the struggle the friend is killed and I need to find out how long the character would most likely be held in custody for.

I really would like him to be out sometime later that night as all evidence would suggest self defence, but is that a likely scenario?

Thanks,
kitkat

I think it would depend entirely on the circumstances. Were there any witnesses? What was the recent relationship between the two? Did the friend take the knife to your character’s flat? What started the fight?

I'm going to the local writers group on Tuesday night, where one of the members is an ex-policeman. If he’s there, I’ll ask him for you, unless you get a definitive answer before then.

Dee

Not a definite answer Dee & Kitkat, but the police would probably wait for a forensics report & autopsy before releasing him, but he could be released within 6hrs.

Off the web:

The police have the power to detain you for questioning if they suspect you have committed an imprisonable offence.

If you are detained, the detention must end no later than 6 hours after it started, or earlier if there are no longer any grounds for suspicion or if you are arrested.

... unless they decide to charge you with an offense.


So the mc could be released if it is obviously a case of self-defense. Alternatively the mc might need to be taken to hospital. Also it the cells are full they might be more likely to release him early based on initial forensic evidence, with a promise to return for further questioning.


NaomiM

<Added>

The police can also get an extension (from a magistrate) to hold someone without charge.

Oops, the above was for Scotland.

Here's what it says for England:

http://www.adviceguide.org.uk/index/your_rights/legal_system/police_powers.htm#your_rights_on_arrest

How long can the police hold you

The police should not detain you for more than 24 hours without charging you, unless an officer with the rank of superintendent (or above) or a magistrate gives permission.

A police officer with the rank of superintendent (or above) can authorise detention for a further 12 hours. Magistrates can authorise further detentions up to a maximum of 96 hours. Once charged you should be brought before the magistrates the next day (but not on Christmas Day, Good Friday or any Sunday).



But like I said before, if the cells are full and forensics says it was self defence they may decide to release him earlier.

Thanks Dee and Naomi,

Given what you've said I think I can safely get him out.

It will be a case of self defense, but at least now I know that I have to make it obvious in order to increase his chances of getting out quickly, even if he has to return the next day!!!

Many thanks,
kitkat