Quick Answer: In police custody you have a statutory right to consult a solicitor (PACE s.58)[2] and to have someone informed of your arrest (PACE s.56).[1] Detention is time-limited under PACE (including the 24-hour rule and rules on extensions/warrants).[4] [5] [6] [7]
Right to a solicitor
PACE gives detainees a right to consult a solicitor.[2] PACE Code C also requires the custody officer to tell detainees about key continuing rights, including the right to consult privately with a solicitor (and that free independent legal advice is available).[8]
Right to have someone informed
PACE section 56 provides a right to have one person informed of your arrest and whereabouts, subject to statutory exceptions.[1]
How long can police keep you without charge?
PACE sets a general 24-hour limit without charge (calculated from “relevant time”), with provisions allowing authorisation up to 36 hours in indictable cases and court warrants/extensions subject to the 96-hour cap after relevant time.[4] [5] [6] [7] See also custody time limits.
Detention reviews
PACE provides that detention reviews must follow a timetable (first review not later than 6 hours after detention was first authorised; then not later than 9 hours; then at intervals of not more than 9 hours).[3]
Silence and adverse inference
Section 34 of the Criminal Justice and Public Order Act 1994 is the core “adverse inference” provision about failing to mention facts when questioned under caution that are later relied on in a defence.[9] If you are deciding between answering questions, “no comment”, or a prepared statement, get advice based on your disclosure and situation.
Sources
- Police and Criminal Evidence Act 1984 (PACE) s.56 (right to have someone informed of arrest)—https://www.legislation.gov.uk/ukpga/1984/60/section/56
- PACE s.58 (right to consult a solicitor)—https://www.legislation.gov.uk/ukpga/1984/60/section/58
- PACE s.40 (reviews of detention; 6-hour / 9-hour 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
- Home Office: PACE Code C (December 2023) – detention, treatment and questioning (PDF)—https://assets.publishing.service.gov.uk/media/6580543083ba38000de1b792/PACE+Code+C+2023.pdf
- Criminal Justice and Public Order Act 1994 s.34 (inferences from failure to mention facts)—https://www.legislation.gov.uk/ukpga/1994/33/section/34
Note: UK legislation changes. If something is urgent or unclear, get advice for your specific situation.