Policing.uk

How long can the police hold you in custody?

The police can hold you for up to 24 hours before they must charge or release you. A superintendent can extend this to 36 hours for indictable offences. Beyond that, a magistrates' court can grant up to 96 hours (4 days) total. For terrorism offences, the maximum is 14 days with judicial approval.

The law

  • Police and Criminal Evidence Act 1984, Sections 41-44. Sets time limits for police detention: 24hrs standard, 36hrs with superintendent authority, 96hrs with court warrant
  • Terrorism Act 2000, Schedule 8. Permits up to 14 days' pre-charge detention for terrorism suspects

What to do

  1. Ask the custody officer when your detention clock started
  2. Request free legal advice (duty solicitor or your own solicitor)
  3. Your solicitor should be informed before any extension is authorised
  4. If taken to court for a warrant of further detention, you are entitled to legal representation
  5. If not charged within the time limit, you must be released

In detail

When the police arrest you, there are strict time limits on how long they can hold you in custody before they must either charge you or release you. These limits are set out in sections 41 to 44 of the Police and Criminal Evidence Act 1984 (PACE).

The standard custody time limit is 24 hours from the "relevant time" (usually when you arrive at the police station). After 24 hours, the police must either charge you, release you on bail, or release you without charge.

A superintendent (or above) can authorise detention beyond 24 hours up to a maximum of 36 hours, but only if the offence is an indictable offence, further detention is necessary to secure or preserve evidence or obtain evidence by questioning, and the investigation is being conducted diligently and expeditiously.

Beyond 36 hours, the police must apply to a magistrates' court for a warrant of further detention under section 43 of PACE. The court can extend detention to 72 hours, and a second application can extend it to a maximum of 96 hours (4 days).

For terrorism offences, different rules apply under the Terrorism Act 2000. The maximum period of pre-charge detention for terrorism suspects is 14 days, though extensions beyond 48 hours require judicial approval.

You have the right to free legal advice throughout your time in custody. The custody officer must inform you of this right when you are booked in.

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Last updated 16 October 2026