This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how long someone can be held and charged after arrest for assault offences in England and Wales. This detailed guide explains police custody time limits, bail, pre‑charge procedures, statutory time limits for summary offences, and what happens after release.
If someone is arrested on suspicion of an assault offence in England and Wales, one of the first questions they or someone close to them might ask is: how long can the police wait before charging the person? This is an important aspect of criminal procedure, involving statutory limits on detention, investigative processes, rights at each stage, and practical outcomes once investigations are ongoing. This article explains the legal framework that governs how long someone can be held without charge and what happens after arrest, including when and how charges can be brought.
Understanding Assault Offences
Assault offences range from common assault (causing someone to fear immediate unlawful violence) to more serious offences such as assault occasioning actual bodily harm (ABH) and grievous bodily harm (GBH). These come under the Offences Against the Person Act 1861 and related statutory guidance. Some forms of assault are summary only (minor), while others are either‑way or indictable, meaning they can be heard in higher courts depending on seriousness and context.
The severity and classification of the alleged assault partly determine how investigations and charging decisions are handled.
Police Custody Time Limits After Arrest
When someone is arrested, the police have statutory duties and limits on how long they can detain that person without charging them.
Basic Custody Limit – 24 Hours
As a general rule, police may hold a suspect in custody for up to 24 hours from the relevant time (usually when they arrive at the police station) before they must either:
- charge the person with an offence,
- release them on police bail to return at a later date, or
- release them under investigation to continue enquiries without bail.
This 24‑hour limit applies in most cases and aims to prevent unnecessary or prolonged deprivation of liberty without formal charges. (PACE s.41(1))
Extended Custody for Serious Offences – 36 to 96 Hours
For more serious, indictable offences (which can include certain ABH or GBH allegations), the police may seek extensions:
- A senior officer (superintendent rank or above) can authorise detention up to 36 hours if further time is necessary to secure evidence, interview witnesses, or preserve materials relevant to the investigation.
- If additional time beyond 36 hours is needed, the police can apply to a magistrates' court for a warrant of further detention, allowing custody to be extended, but only up to a maximum of 96 hours in total from the relevant time. A magistrate must be satisfied that ongoing detention is justified and that the investigation is being conducted diligently and expeditiously.
Once the 96‑hour limit is reached, the suspect must be either charged or released.
These time limits apply only while the person remains in custody at a police station; they do not limit investigations once the suspect has been released.
Charging Decisions and Time After Arrest
Charging Before Release
If evidence is sufficient and the investigators and prosecutors are prepared, a suspect may be charged within the custody time limit while still at the police station. After charging, the person will either be:
- released on bail to appear at court on a specified date, or
- remanded in custody until their first court appearance.
This can happen within the first 24‑ or 36‑hour window if evidence is available and police or Crown Prosecution Service (CPS) decide that prosecution should proceed immediately.
Release on Bail and Later Charging
If the police decide not to charge during initial custody or require more evidence, they may release the suspect on pre‑charge bail. Pre‑charge police bail:
- allows further investigation without detention at the police station,
- typically includes conditions (such as reporting requirements), and
- has regulated time periods that can be extended as needed under the Policing and Crime Act 2017.
Alternatively, the suspect may be released under investigation with no bail conditions, and the police continue enquiries.
In either case, there is no fixed statutory deadline for charging once the person has been released from custody. The CPS and police have internal timetables and practices to aim for timely charging, but the law does not prescribe a strict maximum between arrest or release and eventual charge in these scenarios. This means charging can occur days, weeks, or even months later, depending on the complexity of the investigation and evidence.
Time Limits for Assault Charges
It is also important to understand how statutory charging limits apply to assault offences:
- Some assault offences are summary only (e.g. certain common assaults), meaning proceedings generally must be commenced within six months of the offence. This is set out by section 127 of the Magistrates' Courts Act 1980 and applies regardless of when the arrest occurred, unless other statutory exceptions apply.
- More serious assault offences that are either‑way or indictable (e.g. GBH) have no fixed statutory charging deadline before prosecution. These can be charged at any time, provided evidence supports prosecution and it is in the public interest.
The charging deadline for summary matters normally relates to the date of the offence rather than the date of arrest.
Practical Implications
During Custody
While in custody, suspects have rights including:
- to be informed of the reason for arrest,
- legal advice and representation,
- timely access to interviews and evidence gathering, and
- limits on detention to prevent undue deprivation of liberty.
The police must justify continued detention at each stage and release the suspect if conditions are not met.
After Release
After release on bail or under investigation, the suspect must remain available for further police action. The police may issue a court requisition or charge letter at a later date once evidence and CPS decisions are complete. There is no general maximum gap imposed by law between release and charge in non‑custody cases, reflecting the need for thorough investigation in complex cases.
Common Questions from our Readers
Can the police keep someone in custody indefinitely without charging?
No. Without charge, custody cannot exceed 96 hours under PACE time limits, and must be justified at each extension.
Does the six‑month limit mean someone cannot be charged after six months?
For summary assault offences, yes; proceedings must usually start within six months of the offence. For serious assault offences, there is no fixed statutory deadline for charging.
Can someone be charged long after arrest?
Yes. If released on bail or investigation, charges can follow once evidence supports prosecution. There is no rigid legal deadline in such circumstances.
Summary
- After arrest on suspicion of an assault offence, the police may detain a suspect in custody up to 24 hours without charge as a standard rule.
- Custody may be extended up to 36 hours with senior authorisation and up to 96 hours by magistrates' order for serious offences.
- If not charged in custody, the suspect may be released on police bail or under investigation, and charging can occur later once the investigation and CPS decisions are complete.
- Summary assault offences typically must be prosecuted within six months of the offence, but there is no general statutory deadline for charging more serious assault offences.
