Rights and LimitsArrested and in custodyHow long can police detain you without charge?
How long can police detain you without charge?
There is a short and simple version of this page. One idea per sentence, no legal words.
What you can refuse, what refusing costs you and what you are entitled to
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You can refuse
Saying no is lawful and is not an offence, but it is not always free of consequences: read each item in full.
You do not have to answer questions at any point during that detention.
GOV.UK, Being arrested: your rights — your rights in custody
“You do not have to answer the questions but there could be consequences if you do not.”
Read it at gov.ukquote checked 2026-08-25
Refusing costs you
Refusing may carry a penalty, allow an inference to be drawn against you, or be an offence in itself.
If, when questioned under caution, you do not mention a fact you later rely on in your defence, the court or jury may draw such inferences from that failure as appear proper.
Criminal Justice and Public Order Act 1994, s.34(2)(d)
“the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper.”
Read it at legislation.gov.ukquote checked 2026-09-02
You are entitled to
Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.
Your detention must be reviewed periodically by an inspector not directly involved in the investigation — the first review not later than six hours after detention was first authorised, then at intervals of not more than nine hours.
Police and Criminal Evidence Act 1984, s.40(1)(b) and (3)
“Reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically in accordance with the following provisions of this section—in the case of a person who has been arrested but not charged, by an officer of at least the rank of inspector who has not been directly involved in the investigation.—the first review shall be not later than six hours after the detention was first authorised;—the second review shall be not later than nine hours after the first;—subsequent reviews shall be at intervals of not more than nine hours.”
Read it at legislation.gov.ukquote checked 2026-09-14
At each review of your detention, you or your solicitor must be given the opportunity to make representations about it, orally or in writing.
The review officer may refuse to hear your own oral representations if they consider you unfit to make them by reason of your condition or behaviour. That refusal power reaches only your own oral representations — it does not reach your solicitor’s representations, and it does not reach anything put in writing.
Police and Criminal Evidence Act 1984, s.40(12)-(14)
“Before determining whether to authorise a person's continued detention the review officer shall give—that person (unless he is asleep); or—any solicitor representing him who is available at the time of the review, an opportunity to make representations to him about the detention.—Subject to subsection (14) below, the person whose detention is under review or his solicitor may make representations under subsection (12) above either orally or in writing.—The review officer may refuse to hear oral representations from the person whose detention is under review if he considers that he is unfit to make such representations by reason of his condition or behaviour.”
Read it at legislation.gov.ukquote checked 2026-09-16
Before a superintendent authorises the 36-hour extension, you or your solicitor must be given the opportunity to make representations about your detention, orally or in writing.
The officer may refuse to hear your own oral representations if they consider you unfit to make them by reason of your condition or behaviour. That refusal power reaches only your own oral representations — it does not reach your solicitor’s representations, and it does not reach anything put in writing.
Police and Criminal Evidence Act 1984, s.42(6)-(8)
“Before determining whether to authorise the keeping of a person in detention under subsection (1) or (2) above, an officer shall give—that person; or—any solicitor representing him who is available at the time when it falls to the officer to determine whether to give the authorisation, an opportunity to make representations to him about the detention.—Subject to subsection (8) below, the person in detention or his solicitor may make representations under subsection (6) above either orally or in writing.—The officer to whom it falls to determine whether to give the authorisation may refuse to hear oral representations from the person in detention if he considers that he is unfit to make such representations by reason of his condition or behaviour.”
Read it at legislation.gov.ukquote checked 2026-09-16
If the police apply to a magistrates’ court for a warrant to hold you beyond 36 hours, you are entitled to be legally represented at that hearing — but if you want representation and do not have it yet, the court can adjourn to let you get it while keeping you in police detention for as long as that adjournment lasts.
The adjournment is not time out of custody: s.43(3)(b) lets the police keep you detained while it runs, so asking for representation at this stage does not get you released any sooner.
Police and Criminal Evidence Act 1984, s.43(2)-(3)
“A court may not hear an application for a warrant of further detention unless the person to whom the application relates—has been furnished with a copy of the information; and—has been brought before the court for the hearing.—The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented—the court shall adjourn the hearing to enable him to obtain representation; and—he may be kept in police detention during the adjournment.”
Read it at legislation.gov.ukquote checked 2026-09-14
What the law says
What the law provides — the power, who can use it and when, and what follows — quoted from its source. The sections above say what you can refuse, what refusing costs you and what you are entitled to.
The clock normally starts when you arrive at the first police station after your arrest — not at the moment you are arrested.
Police and Criminal Evidence Act 1984, s.41(2)(d)
“in any other case, except where subsection (5) below applies, shall be the time at which the person arrested arrives at the first police station to which he is taken after his arrest.”
Read it at legislation.gov.ukquote checked 2026-09-14
The 24-hour limit is fixed by statute: you cannot be kept in police detention longer than that without being charged.
It is a statutory ceiling on the detention itself, so the trade-off people imagine — that asking for a solicitor costs them time — does not arise.
Police and Criminal Evidence Act 1984, s.41(1)
“a person shall not be kept in police detention for more than 24 hours without being charged”
Read it at legislation.gov.ukquote checked 2026-08-25
A superintendent or above can extend detention to 36 hours, but only where it is necessary to secure or preserve evidence, the offence is an indictable offence, and the investigation is being conducted diligently and expeditiously.
Police and Criminal Evidence Act 1984, s.42(1)
“a police officer of the rank of superintendent or above who is responsible for the police station at which a person is detained has reasonable grounds for believing that—the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;—an offence for which he is under arrest is an indictable offence; and—the investigation is being conducted diligently and expeditiously, he may authorise the keeping of that person in police detention for a period expiring at or before 36 hours after the relevant time.”
Read it at legislation.gov.ukquote checked 2026-09-14
The 36-hour extension can only be authorised while the first 24 hours are still running, and only once the second review of your detention has actually been carried out — either one missing makes the authorisation premature.
These are two independent limits on when the extension can be granted, not a right to be released automatically if either is missed — a premature authorisation is grounds to challenge the detention, not a reason to expect it to end on its own.
Police and Criminal Evidence Act 1984, s.42(4)
“No authorisation under subsection (1) above shall be given in respect of any person—more than 24 hours after the relevant time; or—before the second review of his detention under section 40 above has been carried out.”
Read it at legislation.gov.ukquote checked 2026-09-14
Beyond 36 hours, continued detention needs a magistrates’ court warrant of further detention, applied for before the 36-hour mark expires.
Police and Criminal Evidence Act 1984, s.43(1) and (5)(a)
“on an application on oath made by a constable and supported by an information, a magistrates' court is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it may issue a warrant of further detention authorising the keeping of that person in police detention.—an application for a warrant of further detention may be made—at any time before the expiry of 36 hours after the relevant time”
Read it at legislation.gov.ukquote checked 2026-09-14
Even with a warrant, detention can never be extended beyond a total of 96 hours after the relevant time.
Police and Criminal Evidence Act 1984, s.44(3)
“The period shall not—be longer than 36 hours; or—end later than 96 hours after the relevant time.”
Read it at legislation.gov.ukquote checked 2026-09-14
Detention without charge is lawful only where the custody officer has reasonable grounds for believing it is necessary to secure or preserve evidence, or to obtain evidence by questioning you.
Police and Criminal Evidence Act 1984, s.37(3)
“the custody officer has reasonable grounds for believing that the person's detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person—he may authorise the person arrested to be kept in police detention.”
Read it at legislation.gov.ukquote checked 2026-09-14
Terrorism Act detention runs on a separate, longer regime: up to 48 hours from arrest before any extension is even sought.
Terrorism Act 2000, s.41(3)
“a person detained under this section shall (unless detained under any other power) be released not later than the end of the period of 48 hours beginning—with the time of his arrest under this section”
Read it at legislation.gov.ukquote checked 2026-09-14
With judicial authorisation, terrorism detention can be extended to a maximum of 14 days from arrest.
Terrorism Act 2000, Schedule 8, paragraph 36(1), (1A) and (3)(b)
“a police officer of at least the rank of superintendent—for the extension or further extension of the period specified in a warrant of further detention.—The person to whom an application under sub-paragraph (1) may be made is a judicial authority—ends with whichever is the earlier of—the end of the period of seven days beginning with that time; and—the end of the period of 14 days beginning with the relevant time.”
Read it at legislation.gov.ukquote checked 2026-09-14
The clock
The starting position in England and Wales is 24 hours from the “relevant time” — normally your arrival at the first police station, not the moment of arrest.
- 24 hours — the default maximum without charge.
- 36 hours — a superintendent or above can authorise an extension, but only for an indictable offence, only where it is necessary to secure or preserve evidence, and only while the investigation is being conducted diligently and expeditiously.
- 96 hours — beyond 36 hours needs a magistrates’ court warrant, and the total can never run later than 96 hours after the relevant time.
Extending the clock is not just a phone call: the officer has to have grounds for it, has to give you or your solicitor a chance to make representations first, and cannot authorise the 36-hour extension once the first 24 hours have already run out.
Terrorism cases run on a separate and much longer regime: initial detention of up to 48 hours, extendable with judicial authorisation to a maximum of 14 days from arrest.
Why the clock matters to you
People often agree to be interviewed without a solicitor because they believe waiting for one will keep them in longer. In practice the clock runs whether or not you have a solicitor, reviews happen at fixed points regardless — the first not later than six hours after your detention was authorised, then at intervals of not more than nine hours — and a solicitor is usually the fastest route to understanding what is actually being investigated.
Detention without charge is also lawful only where the custody officer has reasonable grounds for believing it is necessary. It is not a period the police are entitled to simply use up. At every review, and before any extension is authorised, you or your solicitor must be given the chance to make representations. Those can be made orally or in writing, though the officer may refuse to hear your own oral representations if they consider you unfit to make them by reason of your condition or behaviour — a limit that does not reach your solicitor, or anything put in writing.
None of this is a way to argue your way out early — it is a safeguard on how the time is used, not a loophole in when it ends.
Released — but not finished
Being released does not always mean it is over. You may be released on pre-charge bail with conditions, or released under investigation with no conditions and no fixed end date.
Released under investigation is not an acquittal, and cases can be picked up months later. Keep any paperwork you are given, and keep your solicitor’s details.
Related pages
- Your rights in police custodyEngland & Wales
- Was the arrest itself lawful?England & Wales
- Pre-charge bail time limits, and released under investigationEngland & Wales
- Accepting a caution: what it actually meansEngland & Wales
Last reviewed 2026-09-14. Next review due 2027-02-25. No solicitor has reviewed this page — see [email protected] if you think something here is wrong.