The basic rule
In England and Wales the police can normally hold someone who has been arrested for up to 24 hours before they must charge them or release them. The clock generally starts when you arrive at the police station.
Longer periods
- Up to 36 hours: for an indictable offence, a superintendent or more senior officer can authorise detention for up to 36 hours in total.
- Up to 96 hours: a magistrates’ court can authorise further detention, up to a maximum of 96 hours before charge.
Terrorism cases
Detention under the Terrorism Act 2000 can be authorised for up to 14 days, with the extension granted by a judge. If a family member has been arrested on suspicion of a terrorism offence, call a specialist solicitor immediately.
What happens at the end
When the time runs out, one of several things must happen: you are charged, released on bail, released under investigation, or released with no further action. A solicitor can make representations to the custody officer before that decision is made.
Your rights while you are held
- Free and independent legal advice at the police station.
- To have someone told that you have been arrested.
- To see the Codes of Practice that govern how you are treated.
- Regular reviews of your detention.
This guide is general information about the law in England and Wales. It is not legal advice on your own case, and the law can change. Speak to a solicitor about your own circumstances.