Legal issues
Access during detention and a copy afterwards
For ordinary police detention in England and Wales, PACE Code C paragraph 2.4 requires access for the detainee’s solicitor and appropriate adult to the whole custody record as soon as practicable after their arrival and on request during detention. Access is arranged with the custody officer and must not unreasonably interfere with their duties.
Under paragraph 2.4A, when the detainee leaves detention or is taken before a court, the detainee, legal representative or appropriate adult can request a copy, to be supplied as soon as practicable. This entitlement lasts for 12 months after release. Paragraph 2.5 also provides for inspection of the original after detention on reasonable notice. A relative does not gain an automatic right to the record simply by being family.
This guide concerns ordinary PACE custody. Terrorism, national-security and certain other detention regimes have different codes.
For help during detention, see police station representation. If you were invited without arrest, see voluntary police interviews.
Evidence that matters
Build a chronology before drawing conclusions
- Identify the station, custody number, alleged offence and each date. Distinguish arrest, arrival, detention authorisation, review, interview and release times.
- Check dates across midnight, station transfers and any hospital attendance. Ask the solicitor which legal clock applies; do not calculate a release deadline from booking-in alone.
- Compare requests for legal advice and recorded consultations with what you recall. Flag any request or refusal that seems missing.
- Check the welfare sequence: reported health or communication needs, medication requests, healthcare contact, food, rest, interpreter and appropriate-adult arrangements.
- Compare release documents, bail conditions and property receipts against the record. Keep the originals intact.
Reasonable lines of enquiry
How to record a disputed entry
Use four columns in a separate note: entry and time; what you dispute; what you remember; supporting material or person. Distinguish a clear contradiction from something you cannot remember. An entry typed later is not automatically proof that the underlying event happened late; ask for the event time, entry time and explanation to be examined.
For example, if the record says legal advice was declined but you recall requesting it, identify when you asked, who was present and any subsequent consultation. Ask your solicitor to raise the discrepancy and seek a recorded response. Do not edit the original, write over it or coordinate accounts with other people.
What happens next
Requesting the record
Give the police force enough detail to locate the detention: name, date of birth, station, relevant dates and custody number if known. Identify whether you are the detainee, legal representative or appropriate adult. A representative may need evidence of authority. Keep the request and any response, and chase a delayed response through the force’s appropriate channel.
A request for the custody record is separate from a request to preserve custody CCTV, body-worn video, call records or healthcare material. Identify those sources promptly because their availability and retention arrangements may differ. Do not assume a general records request preserves everything.
Immediate steps
What a discrepancy may change
A solicitor can assess whether the issue calls for a correction or explanatory entry, an evidence-preservation request, a complaint or a legal challenge. The appropriate route depends on the facts and procedural stage. A missing entry does not automatically invalidate an interview, end a prosecution or create a compensation entitlement.
If an interview, bail return or court hearing is imminent, obtain advice about that deadline first. Do not wait for a complete records response before raising an urgent concern.
What should you send us?
Send the custody record if available, station and custody number, arrest and release dates, release paperwork, any previous records request, and a short list of the entries you want checked. Tell us the next interview or court date. Avoid sending unrelated sensitive records before we confirm what is needed.