How Long Can the Police Keep You in Custody?
Being arrested is a very daunting time, guilty or not. Being taken into police custody can seem like a very mysterious process, especially when it comes to the time limits of how long you can be in custody, but if you’re wondering how long can police detain you, here are the facts on the hours, days, and sometimes, weeks, when the police take someone into custody.
How Long Can You Be Held in Custody?
Code C of the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice states that a detained person should not be held in police custody for longer than necessary. The rules regarding time limits in custody are very clear: the police can hold you in custody for up to 24 hours before they must charge you with a crime or release you.
An officer, who must be of the rank of superintendent or higher, may be able to authorise an extra 12-hour period of detention, but this is only in exceptional cases, for a total of 36 hours.
What Happens if You Are Detained for Longer Than 24 Hours in Police Custody?
If the police keep an individual in custody for longer than 24 hours, the general rule is that the person cannot be detained at the police station for over 24 hours prior to being charged. However, if no charging decision has been made within 24 hours, the police can extend the period of detention up to 36 hours.
This can only be authorised by the superintendent of the police station, and the superintendent must be satisfied that the following criteria apply:
- Detention is necessary to secure and preserve evidence relating to an offence.
- The offence is an indictable offence, which means could be heard in The Crown Court.
- Investigations are being conducted diligently and expeditiously.
If the police wish to detain a suspect beyond 36 hours, they need to obtain a warrant from the Magistrates’ Court, and if a warrant is granted, the detainee can only be kept in police custody for up to a total of 72 hours.
When further detention is sought, for example, if more evidence is required or investigations are being carried out, a magistrate can request up to 96 hours of total detention time. During situations where custody exceeds 24 hours, a review officer who must hold the rank of investigator and is not involved in the case must review the circumstances of the detention after six hours and every nine hours until the release. Each detention review should be attended by legal representation, who is entitled to comment on the decisions.
What Are the Exceptions to the 24-hour Custody Limit?
If an arrest is made on suspicion of an offence under the Terrorism Act, a person may be held in police custody for up to 14 days before a decision regarding the charges. Under section 23 of the Terrorism Act 2006, individuals suspected of terrorism offences can be held for up to 28 days without charge.
Have you been held in Police custody?
Here at JD Solicitors, we are a specialist criminal defence law firm that helps people in Police custody and at any point of a spent or unspent conviction to achieve the best possible outcome.
If you are in Police custody, when asked about legal counsel, contact our specialist criminal defence law team!
