How Long Can Police Hold You in Custody Without Charge?

Police can hold you for 24 hours without charge, extendable to 36 or 96 hours for serious crimes. Terrorism cases can allow up to 14 days.

The exact time you can be held depends on the offence, the circumstances of the investigation and whether the legal requirements for extending detention have been met.

If you have been arrested or are being held at a police station, you have the right to legal advice. Our criminal defence solicitor can advise you about your detention and whether the police are following the correct procedures.

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How Long Can the Police Keep Me at the Police Station?

In England and Wales, police can normally hold you for up to 24 hours without charge under the Police and Criminal Evidence Act 1984 (PACE). For serious indictable offences, detention can be extended to 36 hours with senior police authorisation and up to 96 hours with magistrates' court approval.

Terrorism cases are subject to separate detention rules and can involve significantly longer periods without charge.

Police Detention Time Limits

• 24 hours: Standard maximum for most offences.
• 36 hours: Possible for indictable offences with authorisation from a senior police officer.
• 96 hours: Possible for serious indictable offences with magistrates' court approval.
• Up to 14 days: Different rules apply to certain terrorism investigations.

The detention period is not automatic. The police must have legal grounds to continue holding you and must follow the requirements of PACE.

What Is the 24-Hour Custody Limit?

The normal maximum period of detention before charge is 24 hours. The police must either charge you or release you when this period expires unless there is lawful authority to continue your detention.

The custody clock is subject to specific rules about when the relevant period starts and how detention is calculated.

Can The Police Keep Me for More Than 24 Hours?

Yes, in certain circumstances, the police can keep you in custody for more than 24 hours without charging you. For certain serious offences, a senior police officer can authorise detention for up to 36 hours, and further detention may be authorised by a Magistrates' Court, up to a maximum of 96 hours in applicable cases.

Can the Police Hold Me for 36 Hours?

Yes, in certain circumstances, the police can detain you for up to 36 hours without charge for an indictable offence. Continued detention beyond the usual 24-hour period requires the necessary legal authorisation and the relevant conditions to be met.

Then explain:

• The normal 24-hour detention period.
• When detention can be extended to 36 hours.
• The requirement for a Superintendent or higher
• That the investigation must be conducted diligently and expeditiously.
• Your right to have your detention reviewed.
• The role of your solicitor in making representations about continued detention.

Can I Be Held for 96 Hours Without Being Charged?

Yes. In England and Wales, police can hold you for up to 96 hours without charge when investigating an indictable offence, but detention beyond 36 hours requires magistrates' court authorisation. For most offences, the normal limit is 24 hours.

Does the Police Have to Keep Reviewing My Detention?

Yes. Police detention is subject to regular reviews. A review officer must consider whether continued detention is necessary, and your solicitor can make representations about whether you should remain in custody.

If continued detention is no longer necessary, you should be released.

What Happens When the 24 Hours Are Up?

When the normal 24-hour detention period expires, the police must generally charge you or release you, unless there is lawful authority to extend your detention.

Depending on the circumstances, you may be:

• charged with an offence;
• released on police bail;
• released under investigation; or
• detained for longer where the law permits and the necessary authorisation has been obtained.

Being released does not necessarily mean that the police investigation has ended.

Can I Be Released on Police Bail Instead of Being Charged?

Yes. If the police do not have sufficient evidence to charge you but need to continue investigating, they may release you on police bail or, in some circumstances, release you under investigation.

Police bail may include conditions that restrict what you can do while the investigation continues.

Can I Be Released Under Investigation?

Yes. If you are not charged, the police may release you under investigation while they continue investigating the alleged offence. You are free to leave the police station, although the investigation can continue and you could be arrested and charged in the future.

Does Having a Solicitor Affect How Long I Can Be Held?

No. Asking for a solicitor does not give the police extra time to detain you. Your solicitor can advise you about your rights, monitor the detention process and make representations where appropriate.

Legal advice can also be important if the police are considering extending your detention or applying to a magistrates' court for further detention.

Can I Challenge My Detention?

If you believe you are being unlawfully detained or that the correct procedures have not been followed, you should tell your solicitor immediately. Your solicitor can advise you about your rights and whether the circumstances provide grounds to challenge the detention.

The police must follow the legal requirements governing detention, including the rules concerning reviews and authorisation for longer periods of detention.

What If I Am Arrested for a Serious Offence?

The rules allowing detention beyond 24 hours apply in particular circumstances involving indictable offences. The police must satisfy the relevant legal requirements before detention can be extended.

If you are arrested for a serious offence, obtaining legal advice as early as possible is particularly important because decisions made during the investigation can have significant consequences.

What Should I Do If I Am Still Being Held?

If you are still in police custody and are concerned about how long you have been detained:

• Ask for a solicitor.
• Ask why your detention is continuing.
• Tell your solicitor when you were arrested and when you arrived at the police station.
• Tell the custody officer if you need medical attention.
• Ask your solicitor to advise you about the detention and any proposed extension.
• Do not make decisions about a police interview without understanding your legal position.

Can Moeen & Co. Solicitors Help If I Am Being Held in Police Custody?

Yes. Moeen & Co. Solicitors provides criminal defence advice and representation for people who have been arrested or are being investigated by the police.

Our criminal defence team can assist with:

• Police station representation
• Advice following arrest
• Police interviews
• Detention and custody matters
• Police bail
• Criminal investigations
• Voluntary police interviews
• Magistrates' Court proceedings
• Crown Court proceedings

If you have been arrested or are currently at a police station, obtaining legal advice as early as possible can help you understand your position and make informed decisions.

Need a Criminal Defence Solicitor?

If you have been arrested or are being held at a police station, contact Moeen & Co. Solicitors on 0203 959 7755 for criminal defence advice and representation.