One of the most common questions people have when a friend or family member is arrested — or when they themselves are sitting in a police station custody suite — is a simple one: how long can the police actually keep me here? The answer is governed by strict statutory rules under the Police and Criminal Evidence Act 1984 (PACE), and breaching those rules turns lawful detention into unlawful detention. This guide sets out exactly how the time limits work, how they can be extended, and what happens when they are exceeded.
Our solicitors in Bolton are available 24 hours a day, 7 days a week to advise anyone who is detained or has been released from custody and believes their detention may have been unlawful.
The Starting Point: 24 Hours
When you are arrested and taken to a police station, the clock starts running from the moment you arrive at the custody suite — or, if earlier, from 24 hours after your arrest, whichever is sooner. This is known as the relevant time.
From that point, the police can hold you without charge for a maximum of 24 hours in most cases. Within that period, a custody officer — a police officer of at least the rank of sergeant who is independent of the investigation — must review your detention periodically to ensure the grounds for it remain valid.
The grounds for continued detention must be one of the following:
- To secure or preserve evidence relating to the offence
- To obtain evidence by questioning
If neither ground can be established, you must be released — with or without bail — regardless of how much of the 24-hour period remains.
Extension to 36 Hours: Superintendent’s Authority
Where the police need more time and the offence is an indictable offence (one that can be tried at the Crown Court), a superintendent or more senior officer can authorise an extension of detention beyond 24 hours — but only up to a maximum of 36 hours from the relevant time.
Before granting this extension, the superintendent must be satisfied that:
- The offence is an indictable offence
- The investigation is being conducted diligently and expeditiously
- There are reasonable grounds to believe that further detention is necessary to secure or preserve evidence or to obtain evidence by questioning
This extension can only be authorised once. If the superintendent is not satisfied that all three conditions are met, the extension cannot be granted and you must be released.
Extension Beyond 36 Hours: Magistrates’ Court Warrant
If the police need to detain you for longer than 36 hours, they must apply to a Magistrates’ Court for a warrant of further detention. This is a formal court process — you have the right to be present at the hearing, to be legally represented, and to make representations opposing the application.
The court can grant a warrant of further detention for up to 36 additional hours, taking the total to 72 hours from the relevant time. A further application can then be made to extend detention to a maximum of 96 hours in total.
Beyond 96 hours, the police have no power to detain you without charge. At that point, you must be either charged and brought before a court or released — unconditionally or on bail.
The 96-Hour Maximum: An Absolute Limit
96 hours from the relevant time is the absolute maximum period of pre-charge detention in ordinary criminal cases under PACE. No further extension is possible regardless of the complexity of the investigation or the seriousness of the offence. If you have not been charged within this period, you must be released.
There is one narrow exception: terrorism-related offences under the Terrorism Act 2000, which operate under a separate and distinct framework allowing detention of up to 14 days with judicial approval. This guide does not cover terrorism detention, which requires specialist advice.
Periodic Reviews: Your Ongoing Protection
Even within the applicable time limits, your detention must be reviewed at regular intervals. The first review must take place within 6 hours of detention being authorised by the custody officer. Subsequent reviews must then take place at intervals of no more than 9 hours.
At each review, the reviewing officer must consider whether the grounds for continued detention still exist. If they do not — because, for example, the investigation has concluded or the evidence needed has been obtained — you must be released regardless of how much time remains.
You have the right to make representations at each review, either in person or through your solicitor. This is another reason why having a police station solicitor with you from the outset matters — they can challenge the basis for continued detention at every review stage.
What Counts as Being “In Detention”?
It is worth understanding what the time limits cover. The clock runs from the relevant time — which is either the time you arrive at the first police station after arrest, or 24 hours after the time of arrest itself, whichever is earlier.
This means that if you are arrested at 9am and arrive at the police station at 9.30am, the relevant time is 9.30am and the initial 24-hour period runs from there. Time spent being transported between police stations, attending hospital, or in other circumstances outside the custody suite does not generally stop the clock.
When Does Detention Become Unlawful?
Detention becomes unlawful the moment any of the following occurs:
- You are held beyond the 24-hour limit without a valid superintendent’s extension
- You are held beyond 36 hours without a magistrates’ court warrant
- You are held beyond the time specified in any warrant granted by the court
- You are held beyond the absolute 96-hour limit
- The grounds for your continued detention no longer exist and no review has been conducted or the review officer has failed to release you
- The procedural requirements of PACE — such as proper custody record-keeping and review documentation — have not been followed
Once detention becomes unlawful, you have a right to be released immediately and a right to claim compensation for the period of unlawful detention through a civil claim for false imprisonment. Our unlawful detention solicitors can advise on whether the circumstances of your detention give rise to a claim.
What Should You Do If You Think You’re Being Held Too Long?
If you or someone you know is being held at a police station and you are concerned that the detention may be approaching or exceeding the lawful limit, the most important step is to contact a solicitor immediately.
A solicitor can attend the police station, review the custody record to establish the relevant time and the authorisations that have been obtained, challenge the basis for continued detention at the next review, and if necessary make urgent representations for your release.
Our police station representation team is available around the clock — 24 hours a day, 7 days a week — and attendance at the police station is completely free of charge.
Summary of PACE Detention Time Limits
| Stage | Maximum period | Who authorises |
|---|---|---|
| Initial detention | 24 hours from relevant time | Custody officer |
| First extension | Up to 36 hours total | Superintendent or above |
| Warrant of further detention | Up to 72 hours total | Magistrates’ Court |
| Further warrant | Up to 96 hours total | Magistrates’ Court |
| Absolute maximum | 96 hours | No further extension possible |
How Hi Solicitors Can Help
Whether you are currently in custody, have recently been released, or believe that a family member is being held beyond the permitted time, our criminal defence solicitors in Bolton can help. We will attend the police station, review the custody record, challenge any unlawful detention, and advise on your rights every step of the way.
Call 01204 371 414 immediately — we are available 24 hours a day, 7 days a week. All calls are treated in the strictest confidence.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: How long can police hold you without charging you in the UK?
In most criminal cases, the police can hold you for up to 24 hours without charge. This can be extended to 36 hours with a superintendent’s authorisation, and up to 96 hours in total with a magistrates’ court warrant. After 96 hours, you must be either charged or released. Terrorism cases operate under a separate framework with different time limits.
Q: What happens if police hold you longer than 24 hours?
Holding you beyond 24 hours without a valid superintendent’s extension is unlawful. However, the extension can be obtained if the offence is indictable and the conditions under PACE are met. If no extension is obtained and you are held beyond 24 hours, your detention is unlawful from that point and you have the right to be released and to seek compensation.
Q: Can the police release you and re-arrest you to reset the clock?
No. PACE specifically prevents the police from releasing and re-arresting a person for the same or a closely connected offence simply to restart the detention clock. If they do so without a genuine new basis for arrest, the re-arrest and subsequent detention will be unlawful.
Q: What is the relevant time for PACE detention?
The relevant time is the time from which the PACE detention clock begins to run. It is either the time you arrive at the first police station following arrest, or 24 hours after the time of your arrest — whichever is earlier. This ensures the police cannot delay bringing you to a police station to extend the effective period of detention.
Q: Do I have the right to a solicitor while detained?
Yes. You have the right to free and independent legal advice at any time during your detention. You can ask for the duty solicitor or request your own solicitor. The police must allow you to consult with a solicitor before any interview and cannot begin questioning you until you have had the opportunity to do so, except in very limited circumstances. Our police station team is available 24/7 — call 01204 371 414.
Q: What is a custody record?
A custody record is the official document maintained by the custody officer that records the time of your arrival, the grounds for your detention, all reviews of detention, any extensions authorised, and all decisions made during your time in custody. You and your solicitor have the right to inspect the custody record at any time. It is an essential document in any unlawful detention claim as it establishes the timeline of your detention.