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How long can the police hold you without charge?
Normally up to 24 hours from the relevant time, usually arrival at the police station. A superintendent can extend this to 36 hours for an indictable offence, and magistrates can authorise further detention up to a maximum of 96 hours. Terrorism cases allow up to 14 days.
The clock
Detention without charge is governed by Part IV of the Police and Criminal Evidence Act 1984. The clock starts at the relevant time, usually when the person arrives at the first police station after arrest. For someone attending voluntarily who is then arrested at the station, it starts at the time of arrest (s.41(2)).
- 24 hours is the normal maximum (s.41).
- Up to 36 hours if an officer of superintendent rank or above authorises it, for an indictable offence (which includes either-way offences), where detention is necessary to secure or preserve evidence or obtain evidence by questioning, and the investigation is being conducted diligently and expeditiously. The authorisation must be given within the first 24 hours (s.42).
- Up to 96 hours in total if magistrates issue a warrant of further detention, and extend it, on the same grounds (ss.43 to 44). The detained person is entitled to be legally represented at that hearing.
- Terrorism suspects arrested under the Terrorism Act 2000 s.41 can be held for up to 14 days from arrest, with judicial authority for any period beyond 48 hours.
Reviews
Before charge, detention must be reviewed by an officer of at least inspector rank who is not directly involved in the investigation. The first review is due within 6 hours of detention first being authorised, and later reviews at intervals of not more than 9 hours (s.40). The detained person, unless asleep, or their solicitor can make representations at each review.
At the end
Before the time runs out, the police must charge, release on pre-charge bail, release under investigation, or release with no further action (see Pre-charge bail and release under investigation (RUI)). Being released is not the same as the investigation ending. A person who is charged may be bailed to court or kept in custody for the next available court hearing.
In practice
Under PACE Code C, a detainee must be allowed at least 8 hours' continuous rest in any 24 hours, free from questioning, as well as meals and medical care. Time spent travelling to or at hospital does not count towards the limit, except time spent being questioned there (s.41(6)). A solicitor can check the custody record to make sure the time limits and reviews have been properly applied (see Your rights at the police station after arrest).
Authorities: Police and Criminal Evidence Act 1984 ss.40 to 44; PACE Code C (2023) paras 12.2, 15; Terrorism Act 2000 s.41 and Sch.8