Rights and LimitsArrested and in custodyHow long the police can hold you
How long the police can hold you
There is a short and simple version of this page. One idea per sentence, no legal words.
What you must do, and what you can refuse
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You can refuse
No penalty for saying no.
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 legislation.gov.ukquote checked 2026-08-25
Lawful to refuse — but it costs you
Not an offence, but it carries a penalty or an inference.
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
The clock
The starting position in England and Wales is 24 hours from the “relevant time” — normally your arrival at the police station, not the moment of arrest.
- 24 hours — the default maximum without charge.
- 36 hours — a superintendent or above can authorise an extension for an indictable offence.
- 96 hours — beyond 36 requires a magistrates’ court warrant.
Terrorism cases run on a separate and much longer regime.
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 detention clock runs regardless, reviews are required at set intervals, and a solicitor is usually the fastest route to understanding what is actually being investigated.
Detention must also be necessary. It is not a period the police are entitled to simply use up.
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.
Last reviewed 2026-08-25. Next review due 2027-02-25. No solicitor has reviewed this page — see [email protected] if you think something here is wrong.