Last reviewed: 26 October 2026
Short answer
Police can usually hold you for 24 hours from the “relevant time” before they must charge or release you. A superintendent can extend this to 36 hours for an indictable offence, and magistrates can issue warrants of further detention up to a 96-hour maximum. Detention is reviewed within 6 hours, then at least every 9 hours.
- 24 hours
- Basic limit without charge, from the relevant time (PACE s.41).
- 36 hours
- Superintendent or above, indictable offence, statutory conditions met (s.42).
- Up to 96 hours
- Magistrates’ warrant of further detention and extensions (ss.43–44).
- Reviews
- First within 6 hours of detention being authorised, then every 9 hours at most (s.40).
England and Wales.
In brief
- In England and Wales, PACE section 41 generally stops the police keeping you in detention for more than 24 hours without charge, counted from the relevant time.
- A superintendent can authorise detention up to 36 hours in an indictable case. A magistrates’ court warrant can take the total to 96 hours after the relevant time.
- Before charge, reviews are by an inspector or above who is not involved in the investigation. The first review is not later than six hours after detention was first authorised, then at intervals of not more than nine hours.
- There is no separate PACE clock for being held without a phone call. You can ask for someone to be told of your arrest under section 56, as soon as practicable.
- You can ask for a solicitor. Advice at the police station is free under legal aid.
Quick Answer: Police can usually hold you for 24 hours without charge (from “relevant time”). A superintendent can authorise up to 36 hours in indictable cases, and a magistrates’ court can extend up to 96 hours. There is no separate PACE clock for being held without a phone call.
I attend police stations across Kent. If this applies to you, speak to a Kent police station solicitor.
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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]
How long can police hold you without a phone call?
There is no separate PACE time limit for being held without a phone call. The rules on telling someone of your arrest and making a call are explained in phone calls and telling someone you've been arrested.
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 can't 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
Before you are charged, detention reviews are by an inspector or above who is not connected with the investigation (PACE s.40(1)(b)). After charge, the custody officer reviews (s.40(1)(a)). Reviews check that detention 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 aren't met
- Keep track of time – the key time limits are tied to “relevant time” under PACE s.41
Key Takeaways
- ✓Police can hold you for 24 hours without charge for most offences
- ✓Extensions to 36 hours require superintendent authorisation
- ✓96 hours is the absolute maximum, requiring court approval
- ✓First review within 6 hours of detention being authorised, then at intervals of not more than 9 hours
- ✓You have the right to free legal advice at every stage
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 (calculated from “relevant time”). In indictable cases, a superintendent can authorise detention up to 36 hours. With a magistrates’ court warrant, detention can be extended up to a maximum of 96 hours 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 need a superintendent’s authorisation (up to 36 hours) or a magistrates’ court warrant (up to 96 hours in total) and are only available for indictable 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 the statutory 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?
Before charge, reviews are by an inspector or above who is not connected with the investigation. After charge, the custody officer reviews. The first review must be not later than six hours after detention was first authorised, then at intervals of not more than nine hours (PACE s.40).
How long can police hold you without a phone call?
PACE sets no separate time limit for a phone call. You can have one person told of your arrest and where you are as soon as practicable (PACE s.56, Code C para 5.1), and you can ask for free, private legal advice (s.58). Code C para 5.6 also lets you phone one person for a reasonable time. For an indictable offence, an inspector can delay telling someone and a superintendent can delay access to a solicitor, only on the limited grounds in Code C Annex B, such as a risk to evidence or alerting other suspects, and never beyond 36 hours from the relevant time. An inspector can also delay or deny the phone call itself on those grounds. See phone calls and telling someone you've been arrested.
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.
Need Help with Police Custody?
If you or someone you know is being held in police custody, you have the right to free legal advice. I work days, evenings, weekends and bank holidays at Kent custody suites, with longer travel time for East Kent.
Robert Cashman – Duty Solicitor with Higher Rights of Audience (Criminal)
Related guides
Sources
- Police and Criminal Evidence Act 1984 (PACE) s.40 (reviews of detention; 6-hour / 9-hour review timetable)—https://www.legislation.gov.uk/ukpga/1984/60/section/40
- PACE s.41 (24-hour limit; “relevant time” definition)—https://www.legislation.gov.uk/ukpga/1984/60/section/41
- PACE s.42 (superintendent authorisation up to 36 hours in indictable cases)—https://www.legislation.gov.uk/ukpga/1984/60/section/42
- PACE s.43 (warrants of further detention by magistrates’ court)—https://www.legislation.gov.uk/ukpga/1984/60/section/43
- PACE s.44 (extensions of warrants; maximum 96 hours after relevant time)—https://www.legislation.gov.uk/ukpga/1984/60/section/44
- PACE s.56 (right to have someone informed of arrest)—https://www.legislation.gov.uk/ukpga/1984/60/section/56
- PACE Code C paras 3.1, 5.1, 5.6 and Annex B (rights on arrival, someone informed, phone call, delay)—https://www.gov.uk/government/publications/pace-code-c-2023/pace-code-c-2023-accessible
- PACE s.58 (access to legal advice; delay only for indictable offences, max 36 hours)—https://www.legislation.gov.uk/ukpga/1984/60/section/58
General information only — not legal advice. While every care is taken to ensure what is stated is accurate and reflects current law and official guidance, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor about your own situation. Legal services are provided through Tuckers Solicitors LLP (SRA number 592449) where applicable. If you believe something on this page is incorrect, please contact us and say you are reporting a content error.