How Long Can the Police Keep You at the Station? Custody Time Limits Explained

How Long Can the Police Keep You at the Station? Custody Time Limits Explained

Being detained at a police station is a stressful experience. One of the most common questions is: how long can they actually keep me here? The answer is governed by strict time limits set out in the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice. Understanding these limits is important — both for you and for anyone who cares about your welfare.

This guide sets out the custody time limits clearly, explains the grounds for extension, and explains what happens if those limits are exceeded.

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The Custody Clock: When Does It Start?

The custody clock starts when you arrive at the custody suite after arrest. From that moment, every hour counts. The custody sergeant records your arrival time and is legally responsible for keeping track of how long you have been detained. Each decision to continue detaining you must be reviewed and authorised.

The Basic Limit: 24 Hours

The standard maximum period of detention before charge is 24 hours from the time you arrive at the police station. This applies to all offences. Before this period expires, the police must either:

• Charge you with an offence,
• Release you (with or without bail), or
• Apply for an extension of detention (for indictable offences only — see below).

During the 24-hour period, your detention must be reviewed — first by an inspector after six hours, and again after a further nine hours. Each review requires the reviewing officer to be satisfied that continued detention is necessary.

Extension to 36 Hours: Superintendent's Authorisation

For indictable offences (broadly, offences that can be tried in the Crown Court — which includes most serious offences), a police superintendent can authorise an extension of detention beyond 24 hours, up to a maximum of 36 hours from the original arrival time.

The superintendent must be satisfied that:

1. The investigation is being conducted diligently and expeditiously,
2. There are reasonable grounds to believe that continued detention is necessary to secure or preserve evidence, or to obtain evidence by questioning, and
3. The offence is an indictable offence.

You (and your solicitor) must be given the opportunity to make representations before the extension is authorised.

Further Extension: Magistrates' Court Warrant

If the police need to detain you for longer than 36 hours, they must apply to a magistrates' court for a warrant of further detention. This is a formal court hearing. You have the right to be present, to be represented by a solicitor, and to oppose the application.

A magistrates' court can authorise further detention in periods of up to 36 hours at a time. The absolute maximum — for all but the most exceptional cases — is 96 hours (4 days) from the time of arrival at the police station.

Summary: The Time Limits at a Glance

Stage	Time Limit	Authorised By
Initial detention	Up to 24 hours	Custody sergeant (with reviews)
First extension (indictable offences)	Up to 36 hours total	Police superintendent
Further extension	Up to 96 hours total (maximum)	Magistrates' court (warrant)

Terrorism Offences: Different Rules

If you are detained under terrorism legislation (the Terrorism Act 2000), different and significantly longer time limits apply. The police can detain terrorism suspects for up to 14 days with judicial authorisation. This guide focuses on ordinary criminal investigations under PACE and does not cover terrorism detention in detail.

Detention Reviews: What Are They?

The police are not simply left to hold you indefinitely within the maximum period. Regular reviews are required by law:

• First review: no later than 6 hours after detention was authorised.
• Second review: no later than 9 hours after the first review.
• Subsequent reviews: no later than 9 hours after the preceding review.

Each review is carried out by a police inspector (or above). The reviewing officer must be satisfied that continued detention is necessary. You (or your solicitor) can make representations at each review. If the reviewing officer is not satisfied, you must be released.

Your Rights During Detention

While you are in police custody, you have important rights under PACE and Code C:

• The right to have someone informed of your arrest and the police station where you are being held. This can be a family member, friend, or employer.
• The right to free legal advice at any time during your detention — this is not means-tested.
• The right to consult the PACE Codes of Practice (the rules governing your detention).
• The right to receive appropriate medical attention if you are injured or unwell.
• The right to receive meals and rest periods at appropriate intervals.
• The right to be told the grounds for your detention in ordinary language.

What Happens If the Time Limit Is Exceeded?

If the police hold you beyond the lawful time limit without proper authorisation, that detention becomes unlawful. This does not automatically mean that any evidence obtained becomes inadmissible, but it is a serious procedural breach. A solicitor can raise this as an issue — both in the custody suite (by making representations) and subsequently in any prosecution. If you believe you were held unlawfully, tell your solicitor as soon as possible.

What About Release Under Investigation (RUI)?

If the police need more time to investigate but cannot justify continued detention, they may release you on release under investigation (RUI) — without bail conditions, but under continued investigation. There is no fixed time limit for RUI, which means investigations can drag on for months or years. If you are released under investigation, it is important to take advice on what this means for your case and how to protect your position.

How a Solicitor Can Help During Detention

A solicitor at the police station does not only advise on the interview. They can also:

• Monitor your detention and ensure time limits are properly observed,
• Make representations at detention reviews to argue for your release,
• Challenge unlawful extensions or inadequate grounds for continued detention,
• Ensure your rights to food, rest, and welfare are observed,
• Advise on bail conditions or oppose conditions they consider unreasonable.

If you are detained at a Kent custody suite — whether at Sevenoaks, Swanley, Tonbridge, Maidstone, Medway, Gravesend, Canterbury, or elsewhere in Kent — call Robert Cashman on 01732 247427. Legal advice is free and extended hours availability is provided, subject to availability.

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Frequently Asked Questions

Further Reading

• Your rights in custody
• Custody time limits (detailed guide)
• Police bail explained
• Released under investigation (RUI) — what it means
• PACE Code C explained
• Why you need a solicitor at the police station