Last reviewed: 26 October 2026
England and Wales.
Short answer
Yes, usually. In England and Wales you can ask police to tell one person you have been arrested and where you are, and you can usually phone one person. For an indictable offence an inspector can delay telling someone, but only on set grounds and never beyond 36 hours. Free legal advice is a separate right.[1] [3]
Two different rights: having someone told vs making a call
Having someone told. If you are arrested and held at a police station, you can ask for one friend, relative or other person who knows you or is likely to take an interest in your welfare to be told that you have been arrested and where you are. This must happen as soon as practicable, at public expense. If that person cannot be reached, you may choose up to two alternatives.[1] [3]
Making a call. Code C para 5.6 says you may speak on the telephone for a reasonable time to one person, and you can ask for writing materials. Para 5.6 says expressly that this does not limit your right to have someone told or your right to legal advice.[3]
Can police delay it? When and for how long
Having someone told (s.56)
Delay is only allowed if you are in police detention for an indictable offence and an officer of at least inspector rank authorises it.[1] The officer must have reasonable grounds to believe that telling the person would:
- lead to interference with or harm to evidence, or interference with or physical harm to other people
- alert other people suspected of the offence who have not yet been arrested
- hinder the recovery of property obtained as a result of the offence
- hinder the recovery of the value of property or of the benefit of criminal conduct under the Proceeds of Crime Act 2002
You must be allowed to have someone told within 36 hours of the "relevant time" (usually when you arrived at the police station). Once the reason for the delay stops, there can be no further delay. You must be told the reason, and it is recorded on your custody record.[1] [3]
The phone call (Code C para 5.6)
An inspector or above may deny or delay the call if you are held for an indictable offence and the call may cause one of the same Annex B consequences. Any delay or denial should be proportionate and last no longer than necessary.[3] The 36-hour limit in the Act is on having someone told and on legal advice. It is not written as a limit on the call itself.
"No separate clock"
There is no PACE time limit for how long you can be held "without a phone call". How long police can hold you is a separate set of rules: 24 hours to start with, which can be extended. Our guide to custody time limits explains those figures.
Is the call private?
No. Before any call or letter you must be told that what you say, except to a solicitor, may be listened to or read and may be given in evidence. A call can be ended if it is abused. Whether it is at public expense is up to the custody officer.[3] In practice, do not discuss the allegation on that call.
Your solicitor is a different right
You can consult a solicitor privately at any time.[2] Delay is only allowed for an indictable offence, on the authority of a superintendent or above, on the Annex B grounds, and you must be allowed to consult a solicitor within 36 hours of the relevant time.[2] [3]
Access cannot be delayed because a solicitor might advise you to stay silent, or because someone else asked the solicitor to attend. If you are interviewed while advice is delayed, a court cannot draw an adverse inference from your silence in that interview.[3] Legal advice at the police station is free under legal aid and is not means-tested.
Under-18s and vulnerable people
For a young person under 18, police must, if practicable, find the person responsible for their welfare and tell them about the arrest, the reason and where the young person is held, as soon as practicable. This still happens even when an Annex B delay applies, and the appropriate adult must still be told.[3] See your rights in custody and police custody rights.
If you're the family: what you can do
- Ask Kent Police where the person is. Police should tell you if the person agrees, unless Annex B delay applies.[3]
- If the person is moved to another police station, the right to have someone told applies again there.[1] [3]
- Read what to do if a loved one is arrested, how to arrange a solicitor for someone in custody and the family custody clock.
- Kent: since 15 October 2025, people arrested around Maidstone are taken to other custody suites, expected to include Tonbridge, North Kent and Medway.[4] See Tonbridge, North Kent, Medway and Kent police stations.
Frequently asked questions
Do you get a phone call when you're arrested in the UK?
Usually, yes. In England and Wales PACE Code C para 5.6 lets you phone one person for a reasonable time. Separately, you can ask police to tell one person that you have been arrested and where you are held (PACE s.56). For an indictable offence an inspector can delay or deny the call on limited grounds.
How long can police hold you without a phone call?
There is no separate time limit for being held without a phone call. For an indictable offence, police can delay telling someone of your arrest, but you must be allowed to have someone told within 36 hours of the relevant time (PACE s.56(3)).
Who can I call from a police station?
One person, for a reasonable time (Code C para 5.6). For the separate right to have someone told, it can be a friend, relative or another person who knows you or is likely to take an interest in your welfare. If they cannot be reached, you may choose up to two other people (Code C para 5.1).
Can police listen to my phone call in custody?
Yes. Before any call or letter you must be told that what you say, except to a solicitor, may be listened to or read and may be given in evidence. A call can be ended if it is abused (Code C para 5.7). Do not discuss the allegation on that call.
Will police tell my family I've been arrested?
If you ask them to. You can name one person to be told of your arrest and where you are, as soon as practicable (PACE s.56(1)). If a relative or friend asks where you are, police should tell them if you agree, unless the Annex B grounds for delay apply (Code C para 5.5). For under-18s, police must tell the person responsible for their welfare.
My son was arrested and hasn't called. What can I do?
Ask Kent Police where he is held. Under Code C para 5.5 they should tell you if he agrees, unless delay is authorised on Annex B grounds. He can ask for free legal advice at any time, and you can ask a solicitor to contact the custody suite. If he is under 18, police must tell the person responsible for his welfare and an appropriate adult must be informed.
Do these rules apply to terrorism arrests?
No. PACE s.56 and s.58 do not apply to people arrested or detained under the terrorism provisions (s.56(10) and s.58(12)). Different rules apply.
Someone held in Kent custody?
They can ask for free legal advice. This site is an independent solicitor, not Kent Police.
Contact usSources (checked 26 October 2026)
- Police and Criminal Evidence Act 1984 (PACE) s.56 (right to have someone informed when arrested)—https://www.legislation.gov.uk/ukpga/1984/60/section/56
- PACE s.58 (access to legal advice)—https://www.legislation.gov.uk/ukpga/1984/60/section/58
- Home Office: PACE Code C (2023), paras 3.13, 5.1 to 5.7A, 6.1, Annex B and Note B1—https://www.gov.uk/government/publications/pace-code-c-2023/pace-code-c-2023-accessible
- Legal Aid Agency: Maidstone custody closure notice (August 2025)—https://assets.publishing.service.gov.uk/media/68a30d93cd7b7dcfaf2b5e35/Maidstone_Custody_closure.pdf
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.