Policing.uk
Magistrates' warrant of further detention
- Custody
A warrant granted by a magistrates' court permitting continued detention beyond 36 hours. The police must apply to a magistrates' court, which may grant further detention of up to 36 hours at a time. The total period of detention before charge may not exceed 96 hours. The detainee has the right to be legally represented at the hearing.
In practice
Applications are made ex parte but the detainee may be present and represented by a solicitor. The court applies a similar test to the superintendent authorisation: the investigation must be for an indictable offence, there must be reasonable grounds for belief in the necessity of further detention, and the investigation must be proceeding diligently. This is one of the few occasions a detainee has a judicial hearing before charge.
Last updated 24 September 2026