How Long Can Police Hold You? UK Custody Time Limits Explained

Understanding Custody Time Limits

When you're arrested and taken to a police station, the clock starts ticking. The Police and Criminal Evidence Act 1984 (PACE) sets strict time limits on how long police can detain you before they must either charge you or release you.

Note: some situations can involve different detention rules under other legislation. This page focuses on the PACE detention framework.^[2]

The 24-Hour Rule

Under PACE, a person generally must not be kept in police detention for more than 24 hours without being charged (subject to PACE sections 42 and 43).^[2] The 24-hour period is calculated from “relevant time” as defined in PACE section 41(2).^[2]

Gather evidence and investigate
Interview you (with a solicitor present if you request one)
Make a decision on whether to charge, release, or apply for an extension

In many cases “relevant time” is linked to arrival at a police station, but PACE section 41(2) sets out multiple scenarios and (in some cases) uses the earlier of arrival time and “24 hours after arrest”.^[2]

Extensions to 36 Hours

A superintendent (or above) responsible for the station can authorise detention up to 36 hours after relevant time if the statutory conditions in PACE section 42 are met (including necessity and that the offence is indictable).^[3] This requires:

The investigation to be proceeding diligently and expeditiously
Your detention to be necessary to secure or preserve evidence, or obtain evidence by questioning
The offence to be an indictable offence (PACE s.42).^[3]

The 96-Hour Maximum

Police can apply to a magistrates’ court for a warrant of further detention under PACE section 43 (subject to statutory requirements).^[4] Under PACE section 44, detention under warrants (and extensions) is capped so that it cannot end later than 96 hours after relevant time.^[5]

These hearings are formal court proceedings. You have the right to:

Be represented by a solicitor
Challenge the application
Have the magistrates consider whether continued detention is justified

What the Law Says: PACE 1984

The Police and Criminal Evidence Act 1984 (PACE), specifically Sections 41-44, governs custody time limits:

Section 41: basic 24-hour limit and “relevant time” definition^[2]
Section 42: superintendent authorisation up to 36 hours (in indictable cases, if conditions met)^[3]
Section 43: warrants of further detention by magistrates’ court^[4]
Section 44: extensions of warrants and the 96-hour cap after relevant time^[5]

Detention reviews are addressed in PACE section 40 (including the first 6-hour review and subsequent 9-hour reviews).^[1]

Detention Reviews

Your detention must be regularly reviewed by a custody officer to ensure it remains necessary:

First review: not later than 6 hours after detention was first authorised (PACE s.40(3))^[1]
Second review: not later than 9 hours after the first (PACE s.40(3))^[1]
Subsequent reviews: intervals of not more than 9 hours (PACE s.40(3))^[1]

The review officer must be satisfied that your continued detention is necessary for one of the statutory purposes—typically to secure, preserve or obtain evidence.

What to Do If You're Facing Extended Detention

If police are seeking to extend your detention beyond 24 hours:

Request a solicitor immediately – Legal advice is free and confidential
Understand the reasons – You should be told why an extension is being sought
Your solicitor can make representations – particularly if the statutory conditions are not met
Keep track of time – the key time limits are tied to “relevant time” under PACE s.41

Frequently Asked Questions

How long can police hold me without charge in the UK?

Under PACE, police detention without charge is generally limited to 24 hours (from “relevant time”). A superintendent can authorise detention up to 36 hours in indictable cases if conditions are met, and a magistrates’ court can issue/extend warrants subject to the 96-hour cap after relevant time.

What happens after 24 hours in police custody?

After 24 hours, the police must either charge you, release you, or apply for an extension. Extensions require authorisation from a superintendent (up to 36 hours) or a magistrate (up to 96 hours) and are only granted for serious offences.

Can police extend my detention beyond 24 hours?

Yes. Under PACE, a superintendent can authorise detention up to 36 hours in indictable cases if conditions are met. Beyond that, police must apply to a magistrates’ court for a warrant of further detention; extensions are subject to statutory limits, including the 96-hour maximum after relevant time.

How often must detention be reviewed?

PACE provides that the first review must be not later than six hours after detention was first authorised, the second not later than nine hours after the first, and subsequent reviews at intervals of not more than nine hours.

What are my rights if police want to extend my detention?

You have the right to legal representation at any extension hearing. Your solicitor can make representations on your behalf. You should be told the reasons for the extension and have the opportunity to challenge it.

Sources

Note: UK legislation changes. If something is urgent or unclear, get advice for your specific situation.

How Long Can Police Hold You in Custody?