How long can I be held in police custody?

This article was written by Peter Jacobs and Marlon Grossman.

Whilst you might not think the below information will apply to you, it’s worth bearing in mind that over one million people are arrested in England and Wales alone each year. Whilst only 7.8% of reported crimes result in prosecution, it will nonetheless be valuable to understand your rights, should you ever have the misfortune to find yourself under arrest.

What’s the relevant piece of legislation to protect your rights?

The Police and Criminal Evidence Act 1984 (PACE) holds the provisions that will ensure you are not unlawfully detained. The act was passed to clarify police powers of arrest, balanced finely against the rights of citizens upon arrest. The most important provisions in PACE relating to detention without charge, and the lawful means of extension are found in section 41, 42 and 43.

How long can you be held at a police station?

As with many questions in the criminal law, the answer is that it depends. The general rule is that you may not be held without charge for a period exceeding 24 hours. However, this is subject to exceptions.

Being held without charge

After being arrested, the police can keep you in custody without charge, for a period up to 24 hours. The clock starts ticking on your time in custody from either the moment of arrest, or the time of arrival at the police station, depending on which happens first.

Extending custody time up to 36 hours

If the police wish to hold a suspect beyond this 24-hour period, they must secure the permission of a police officer with the rank of superintendent or above. This permission must be given before the expiration of the initial 24-hour period of detention. If the extension is authorised after this period has expired, it is unlawful.

Acquiring a warrant for further detention

To extend a suspect’s period in detention beyond 36 hours, for a period up to 72 hours, a warrant for further detention must be secured by the Crown. This is done by way of proceedings at a magistrates’ court. This decision must be handed down before the expiry of the initial 36-hour detention period, and the warrant may not exceed an additional 36-hour detention without charge.

Extension of a warrant for further detention

For the most serious crimes including murder, the police may apply to hold a suspect for between 36 and 96 hours, subject to the approval of a magistrates’ court, who must believe that there are reasonable grounds for continued detention. 

For terrorism charges, a suspect can be held for up to 14 days without receiving an official charge.

Possible Outcomes

If the police have sufficient evidence, then you could be charged and remanded to appear before the magistrates’ court the following day.

However, if the police have not reached a charging decision within the initial 24-hour window, they can either release you on bail, release you under investigation, or decide to take no further action.

If you are subject to police bail, this can either be conditional (i.e. not to contact a complainant) or unconditional.

You could also be bailed to return to the police station at a later date.

If you are released under investigation, and unlike bail this does not have a time limit. In this instance the police will continue to survey your case.