Policing.uk

How long can police hold you?

The standard limit is 24 hours from arrival at the police station. A superintendent can authorise up to 36 hours for indictable offences. A magistrates' court can extend detention to a maximum of 96 hours (4 days). For terrorism offences, the limit is 14 days.

The law

  • Police and Criminal Evidence Act 1984, Section 41. Defines the "relevant time" from which detention is calculated: usually the time of arrival at the police station.
  • Police and Criminal Evidence Act 1984, Section 42. Superintendent can authorise continued detention up to 36 hours for indictable offences.
  • Police and Criminal Evidence Act 1984, Sections 43-44. Magistrates' court can issue warrant of further detention, extending custody to a maximum of 96 hours.
  • Terrorism Act 2000, Schedule 8. Separate detention regime for terrorism: 48 hours initial, extendable to 14 days by judicial authority.

What to do

  1. Ask the custody officer what time your detention clock started and when reviews are due.
  2. Request a solicitor immediately: this is your right under PACE s.58 and it is free.
  3. Ask for the custody record: it logs every event during your detention.
  4. If detention is extended beyond 24 hours, you should be told the grounds and have the right to make representations.
  5. If taken before a magistrates' court for further detention, you have the right to legal representation at the hearing.

In detail

The detention time limits in England and Wales are set out in Part IV of the Police and Criminal Evidence Act 1984 (PACE). The "detention clock" starts from the time you arrive at the police station (the "relevant time" under PACE s.41).

For all offences, the initial limit is 24 hours. During this period, a custody officer must carry out periodic reviews: the first review must take place no later than six hours after detention was first authorised, and subsequent reviews at intervals of no more than nine hours (PACE s.40).

For indictable offences (those triable on indictment, including either-way offences), a superintendent or above can authorise continued detention beyond 24 hours up to 36 hours under PACE s.42. The officer must have reasonable grounds to believe that detention is necessary to secure or preserve evidence, or to obtain evidence by questioning, and that the investigation is being conducted diligently and expeditiously.

Beyond 36 hours, only a magistrates' court can authorise further detention. The police must apply for a warrant of further detention under PACE s.43. The court can grant extensions of up to 36 hours at a time, subject to an absolute maximum of 96 hours (4 days) from the relevant time. The detained person has the right to be represented at the hearing.

For summary-only offences, detention beyond 24 hours is not permitted.

Separate rules apply to terrorism offences under the Terrorism Act 2000, Schedule 8. The initial detention limit is 48 hours, extendable by judicial authority to a maximum of 14 days.

Throughout your detention, you have specific rights: the right to have someone informed of your arrest (PACE s.56), the right to legal advice (PACE s.58), and the right to consult the PACE Codes of Practice. These rights can only be delayed in limited circumstances and never denied entirely.

Last updated 16 October 2026