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.
Discover how long the police in England and Wales can detain a suspect without charging them, including PACE time limits of 24, 36 and 96 hours, and extended detention for terrorism cases. Clear expert guidance on legal processes, review requirements and what happens when time limits are reached.
When someone is arrested by the police in England and Wales, the law limits how long they can be held in custody without being charged with a criminal offence. These limits exist to protect individual liberty and ensure that detention is lawful, necessary and proportionate. The rules governing pre‑charge detention are primarily set out in the Police and Criminal Evidence Act 1984 (PACE) - sometimes referred to as the “PACE clock” - and in specific terrorism legislation for terrorism‑related arrests. This article explains how these detention time limits operate, the legal processes that allow them to be extended in serious cases, what they mean in practice, and what happens when the limits are reached.
Detention Under the Police and Criminal Evidence Act 1984 (PACE)
The Basic Rule: 24 Hours
Under PACE, when a person is arrested and taken into police custody in connection with a criminal offence, the default limit for detention without charge is 24 hours from what the legislation calls the “relevant time”. This is usually the time the suspect first arrives at the custody suite of the police station after arrest. At the end of this 24‑hour period, the police must either:
- charge the suspect with an offence, or
- release the suspect, with or without bail.
If the police do not have sufficient evidence to charge, but still need time to investigate, they must release the person or apply for an extension under specific legal procedures.
Extending Detention Without Charge
1. Extension to 36 Hours
For indictable offences - generally more serious crimes that can be tried in the Crown Court - PACE allows a senior police officer (of at least superintendent rank) to authorise continued detention beyond the initial 24 hours, up to a maximum of 36 hours from the relevant time. To extend detention, the officer must believe that continued detention is:
- necessary to secure or preserve evidence, or
- necessary to obtain evidence by interviewing the suspect; and
- the investigation is being conducted diligently and expeditiously.
This extension is not automatic and must be justified in the custody record.
2. Magistrates' Court Extension to 96 Hours
If the investigation still cannot be completed within 36 hours, police can apply to a magistrates' court for a warrant of further detention. A magistrate may grant this only if satisfied that:
- there are reasonable grounds for believing the suspect has committed the offence;
- continued detention is necessary to secure or preserve evidence, or obtain evidence by questioning;
- the investigation is being conducted diligently and expeditiously; and
- there is good reason not to charge the suspect yet.
With magistrates' approval, detention without charge can be extended up to a total of 96 hours (four days) from the relevant time. This is the absolute maximum under standard PACE powers and represents a combination of initial detention, superintendent authorisation, and court warrants.
Why Time Limits Matter
The statutory time limits reflect the principle that civil liberties are fundamental and that police should not hold someone indefinitely without charge. Detaining a person beyond these time limits without lawful authority constitutes unlawful detention and may lead to legal challenges.
These limits also ensure that investigations are focused and conducted efficiently. Each period of detention requires periodic review by custody officers or a magistrate to confirm that continuing to detain the suspect is justified.
Detention for Terrorism‑Related Offences
Terrorism legislation contains special detention provisions separate from PACE. Under the Terrorism Act 2000 and Schedule 8, a person arrested on suspicion of terrorism‑related offences may be detained without charge for up to 14 days from the time of arrest.
This extended time limit recognises the complex nature of terrorism investigations, which often involve intricate intelligence, multiple suspects and sensitive evidence. Detention beyond standard PACE limits is not allowed under general criminal law but is provided under the terrorism framework with its own safeguards and judicial oversight.
How the “Relevant Time” Is Calculated
The clock for detention starts from what PACE calls the “relevant time”, which is usually:
- the time the suspect first arrives at the police station custody suite after being arrested, or
- 24 hours after arrest, if the suspect is not taken to a custody suite within 24 hours.
All time limits for review, extension and release are measured from this relevant time.
Periodic Reviews and Safeguards
During detention without charge, the custody officer must periodically review whether continued detention is justified:
- the first review must take place within six hours of the relevant time;
- subsequent reviews must occur at intervals of no more than nine hours.
These reviews are designed to ensure that each period of detention remains lawful, necessary and proportionate in light of the investigation.
What Happens When Time Limits Are Reached
When the applicable time limit expires - whether 24, 36 or 96 hours under PACE, or 14 days under terrorism law - the police must:
- either charge the suspect with a criminal offence;
- or release the suspect, with or without bail or conditions;
- or release under investigation (a status where the suspect is not charged but the investigation continues without them in custody).
If the police seek to keep the investigation active without custody, they may choose to release the suspect on police bail or release under investigation (RUI), depending on the circumstances.
Practical Examples
- Standard Arrest: A person is arrested for a non‑serious offence. The police have 24 hours to charge them or release them. Most cases conclude well within this period.
- Serious Crime: A suspect arrested for a serious indictable offence requires more time to gather evidence. The superintendent authorises extended detention to 36 hours, and then a magistrates' court authorises detention up to the 96‑hour maximum.
- Terrorism Investigation: A suspect is taken into custody on suspicion of involvement in terrorism. Under Schedule 8 to the Terrorism Act 2000, police can detain the individual without charge for up to 14 days while the investigation progresses.
Summary
In England and Wales, police detention without charge is governed by strict statutory time limits:
- Up to 24 hours for most arrests before charge or release.
- Up to 36 hours with a superintendent's authorisation in serious cases.
- Up to 96 hours with magistrates' court warrants in complex or serious cases.
- Up to 14 days for terrorism‑related arrests under specific terrorism legislation.
Custody time limits aim to protect individual rights while allowing sufficient time for the police to investigate allegations and gather evidence. When these limits are reached, the suspect must be charged or released, although the investigation may continue without detention.
