Police detention without charge is time-limited by the Police and Criminal Evidence Act 1984 (PACE), and must be reviewed regularly by an officer not involved in the investigation.

The limits

  • 24 hours is the standard maximum, from the time you arrive at the police station (or 24 hours after your arrest, if you were taken to a station a long way away).
  • 36 hours if a superintendent authorises continued detention. This is only available for indictable offences (those that can be tried at the Crown Court), where the investigation is being carried out diligently and more time is needed to secure or preserve evidence or to question you.
  • 96 hours is the absolute maximum, and only a magistrates' court can authorise detention beyond 36 hours, by issuing a "warrant of further detention". You are entitled to be present and represented at that hearing.
  • 14 days applies only to arrests under the Terrorism Act 2000, with extensions beyond 48 hours authorised by a judge.

The clock does not usually stop when you are asleep, or waiting for a solicitor or an interpreter. It can be paused if you are taken to hospital and not being questioned.

Reviews of your detention

An inspector who is not involved in the investigation must review whether your detention is still necessary: first no later than six hours after it was authorised, then at least every nine hours. You, or your solicitor, can make representations at each review. If detention is no longer necessary you must be released.

What happens at the end

By the deadline the police must either charge you, release you under investigation, release you on bail, or release you with no further action. If you are charged and kept in custody, you must be brought before a magistrates' court at the next available sitting, usually the following morning.

Checking the times yourself

Your custody record shows the time your detention was authorised and every review. You can ask for a copy when you are released; you are entitled to one for up to 12 months. If you believe you were held beyond the lawful limit, speak to a solicitor about a complaint or a claim for unlawful detention.

This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.