How long can you be held in police custody?

If you fear you may be arrested soon, whether you are guilty or not, it’s important you understand your rights.

In this article, we’ll discuss how long you can be held in police custody, both without a charge and if you are charged, and what might happen if you are released from police custody.

How long can you be held in police custody without charge?

The Police and Criminal Evidence Act (1984) established safeguards to ensure you aren’t detained without legal justification. Without charges, the police can keep you in custody for 24 hours. This begins from the time you are arrested or the time you arrive at the police station, whichever happens first.

If necessary, a police officer with the rank of Superintendent (or higher) can authorise a 12 hour extension, coming to 36 hours in total. This extension has to be approved before the initial 24 hours expires otherwise they must let you go (without further action, on pre-charge bail, or released under investigation).

In serious cases, custody time can be extended to 96 hours, but a warrant is required by the Magistrates’ Court. Again, this must be granted before the previous custody period expires. After this, they must charge you or let you go on bail or be released under investigation.

There are exceptions to these rules. If you are arrested on suspicion of terrorism offences, you can be held in custody for 14 days without charge.

How long can you be held in police custody once you are charged?

If you are charged with a criminal offence and refused bail, the time you are held in police custody varies.

Once charged, you will remain in police custody at least until your first court appearance, which should happen the next working day. At the court hearing, they will decide if you should be remanded in custody or be released on bail now.

If you’re remanded in custody, you’ll be held in a prison or remand centre. There is no time limit for how long you will remain there before your next court date. You may remain in custody until your trial begins, which could be many months, or even over a year.

Your criminal defence solicitor can appeal to have a bail review carried out if they feel there are unreasonable delays in the investigation/trial preparation and other infringements on your legal rights.

What happens after I’m released from police custody?

This depends on why you were released from policy custody. The police have 3 options:

• Release you with no further action – they have decided to close the case and you are free to go.
• Release on pre-charge bail – you have to return to the police station on a specific date and must abide by bail conditions while they continue their investigation.
• Released under investigation – you are released indefinitely with no conditions whilst they continue their investigation.

The police’s decision at the end of your initial custody period depends on:

• The severity of the offence you are suspected of committing.
• Whether they feel you may abscond before your court hearings/trial.
• Whether they feel you may harm yourself or others.

What should I do if I am detained in police custody?

If you are concerned you may be held in police custody soon, you must seek legal support as soon as possible. Do not participate in any interviews or engage in conversations with anyone about the investigation without first consulting with a solicitor and without a solicitor present at all times.

Under the Police and Criminal Evidence Act (1984), you have the right to a lawyer, and you are allowed to call a solicitor of your choosing, rather than using the free duty solicitor they provide.

At Holborn Adams, we specialise in pre-charge engagement – we consistently close cases with no charge. If you find yourself in custody, released on pre-charge bail, or released under investigation, do not hesitate to give us a call. We have a legal expert available to speak to you 24/7.

Holborn Adams