Legal issues
When the clock starts
The 24 hours usually runs from arrival at the first police station after arrest (the "relevant time", PACE section 41(2)), or from the moment of arrest if you were arrested at the station after attending voluntarily. Different starting points apply in some cases, such as arrest in another police area.
Reviews
An inspector not involved in the investigation must review detention no later than 6 hours after it was first authorised, then at intervals of no more than 9 hours (PACE section 40). Continued detention must be necessary, for example to obtain evidence by questioning.
Extensions
- Up to 36 hours: a superintendent, for an indictable offence, where detention is necessary and the investigation is being conducted diligently and expeditiously (section 42).
- Beyond 36 hours: only by warrant of further detention from magistrates, at a hearing where you are entitled to be legally represented (sections 43 and 44). The total cannot exceed 96 hours.
Evidence that matters
Every review, extension and the reasons given are recorded in the custody record. Times matter: check them. See obtaining and checking your custody record.
Reasonable lines of enquiry
What a solicitor argues at a review
- Whether further detention is truly necessary, or the police are simply waiting.
- Whether the investigation is being progressed diligently.
- Whether release on bail or under investigation would meet the police's concerns.
What happens next
By the end of the permitted time you must be charged, released on bail, released under investigation, or released with no further action. See released under investigation or police bail.
Immediate steps
- Ask for a solicitor so someone can make representations at reviews.
- Tell the custody officer about any medical needs, which can affect how long you are held.
- Ask when your next review is due.
What should you send us?
Tell us who is held, at which police station, and roughly when they were arrested.