Custody and detention

How long can someone be held at the police station without charge?

What are the main PACE detention time limits and reviews a rep should track?

Asked by PoliceStationRepUK team

1 answer

• Under PACE, the starting limit is 24 hours from the "relevant time" (section 41). An officer of superintendent rank or above can authorise continued detention up to 36 hours from the relevant time for an indictable offence (section 42). Beyond that, police need a warrant of further detention from a magistrates' court (section 43), which can be extended (section 44), up to an overall maximum of 96 hours from the relevant time. Separately, detention without charge must be reviewed by an inspector not directly involved in the investigation: the first review no later than 6 hours after detention was first authorised, the second no later than 9 hours after the first, then at intervals of no more than 9 hours (section 40). The detainee, or their solicitor if available, can make representations at a review. Terrorism detention runs under different rules.

  Sources: PACE 1984, section 40; PACE 1984, section 41; PACE 1984, section 42; PACE 1984, section 43; PACE 1984, section 44

  PoliceStationRepUK team

Peer discussion only, not legal advice. Check current rules and guidance.

Add an answer