Detention Time Limits Under PACE

PACE imposes a strict timetable on pre-charge detention, designed to prevent indefinite detention without judicial oversight. The starting point is the "relevant time", which is broadly defined as the time the detained person arrives at the first police station where they are to be detained (or, if arrested at the station, the time of arrest). All time limits run from this point.

In the ordinary case, the initial period of detention that may be authorised by the custody officer is up to 24 hours. Before this period expires, the custody officer must either charge, release, or apply for an extension. A superintendent may authorise further detention beyond 24 hours for up to 36 hours from the relevant time, provided the offence under investigation is an indictable offence and the superintendent is satisfied that continued detention is necessary to secure or preserve evidence or to obtain evidence by questioning.

Beyond 36 hours, the police must apply to a magistrates' court for a warrant of further detention. The magistrates can grant warrants of up to 36 hours each, up to a maximum of 96 hours from the relevant time. The application must be made before the expiry of the existing period of authorised detention. The detained person has the right to be present at the hearing and to be legally represented. The magistrates must be satisfied that the offence is an indictable one, that the investigation is being conducted diligently and expeditiously, and that further detention is necessary.

Separate time limits apply under the Terrorism Act 2000. Initial detention is up to 48 hours without judicial oversight; a magistrate may then extend to up to 14 days in total. The maximum is 14 days. A previous provision allowing extension to 28 days was repealed by the Protection of Freedoms Act 2012. Each extension must be authorised by a judicial authority. The police must apply promptly, and the detained person must be informed of the application and given an opportunity to make representations.