Police custody

What does police custody mean?

If police arrest you, they may take you to a police station. If you are detained there, you are in police custody.

You may be placed in a cell or another secure area. Conditions and facilities vary between custody suites.

A custody officer must consider whether there is a lawful reason to detain you. They must consider whether there is enough evidence to charge you and whether it is necessary to keep you in custody while enquiries are carried out.

You may be searched after arrest under a separate legal power. Do not assume that every search must wait until you see the custody officer.

What happens when I arrive at the police station?

You should be taken to the custody officer as soon as practicable. The custody officer will be told why you were arrested and will assess whether your detention should be authorised.

When detention is authorised, custody staff must tell you about your rights as soon as practicable and give you written information about them. If you are unwell, intoxicated, very distressed or unable to understand, urgent safety or medical needs may need to be dealt with first. Your rights and the reasons for detention should then be explained as soon as you are able to understand.

Ask for an explanation in plain language if you do not understand what is happening.

Your rights in police custody

You can ask for:

These rights are explained in GOV.UK: rights in police custody and the Notice of rights and entitlements.

Can I speak to a solicitor?

Yes. You can ask to speak to a solicitor privately and free of charge. You can ask police to contact a solicitor of your choice or ask for the independent duty solicitor on call. The duty solicitor does not work for the police.

You can change your mind and ask for legal advice later, even if you initially said you did not want it.

The usual rule is that, if you ask for legal advice, police should not interview you until you have had the opportunity to speak privately with a solicitor. There are narrow legal exceptions in particular serious cases, but they are not routine.

Do not decide whether to answer police questions without getting legal advice. For more information, see GOV.UK: legal advice at the police station.

Can police tell someone where I am?

You can ask police to tell one person that you are in custody and where you are. This may be a family member, friend or another person you choose.

Police may delay this only in limited, legally authorised circumstances. For example, a delay may be permitted where an authorised officer reasonably believes it is necessary to prevent serious interference with evidence, injury to another person or alerting other suspects.

Police will normally tell the person you nominate that you are in custody and where you are. Do not assume they will be told details of the allegation.

If you are under 18 or may be vulnerable, police should arrange a suitable appropriate adult and contact the person responsible for your welfare where appropriate.

Tell custody staff if you need support

Tell custody staff immediately if you:

A person can appear calm and still need support. Ask for medical attention, an appropriate adult, interpreter, communication support, a break or another adjustment where needed.

If you are ill, injured, in mental health crisis, affected by alcohol or drugs, or worried about your health, tell staff straight away. Custody staff must consider whether you need medical attention or another healthcare response. A healthcare professional may assess you and recommend treatment, monitoring, hospital attendance or other support, depending on your needs.

An appropriate adult supports understanding, communication and fairness. They do not replace a solicitor. Read more in the Criminal Justice Hub guide to children and vulnerable adults in police custody.

How long can police keep me in custody?

For most non terrorism arrests, the normal maximum period of police detention before charge or release is 24 hours.

In some cases involving indictable offences, the law allows detention to be extended under strict safeguards. A senior police officer may authorise an extension to 36 hours, and a court may authorise detention for up to 96 hours. Terrorism detention is governed by different legislation and rules.

Police must release you as soon as detention is no longer necessary. The legal time limits and extension procedures are set out in sections 41 to 44 of the Police and Criminal Evidence Act 1984.

What are custody reviews?

If police keep you in custody, your detention must be reviewed regularly to make sure it remains lawful and necessary.

The first review is normally within six hours after detention is authorised. Later reviews are normally at intervals of no more than nine hours.

The review should be carried out by an officer of at least inspector rank who has not been directly involved in the investigation. You, or your solicitor if available, should normally have an opportunity to make representations about why you should be released.

You can ask when your next review is due and ask your solicitor to raise concerns about continued detention. The review rules are in section 40 of the Police and Criminal Evidence Act 1984.

Food, drink, rest and dignity

Custody staff must treat you properly and consider your welfare throughout detention.

You should be offered meals at appropriate times and be able to request drinking water. Tell staff about dietary, religious, medical or allergy requirements.

The custody rules include provision for rest. In most cases, you should be allowed a continuous period of at least eight hours’ rest in each 24 hour period, subject to the lawful needs of the investigation and the rules police must follow.

If you need help in a cell or secure area, use any call bell or other method staff tell you to use. Tell staff immediately if you feel unwell, unsafe or unable to cope.

The detailed standards are in PACE Code C.

What happens after police custody?

What happens next depends on the investigation. Police may:

If you are not charged, police may release you under investigation or on pre-charge bail. These are different outcomes. Pre-charge bail can include conditions, such as restrictions on where you go or who you contact. Keep all paperwork and ask a solicitor to explain it if you are unsure.

Being released does not necessarily mean that the investigation has ended.

If you are charged and kept in custody, police must take you before a court as soon as practicable. Depending on the circumstances, you may be released, kept in custody for court, transferred to hospital, or – in the case of a child – transferred to suitable local authority accommodation where the legal conditions apply.

For more information, see GOV.UK pre-charge bail statutory guidance.

If you are concerned about your treatment in custody

Tell the custody officer and your solicitor as soon as possible if you are concerned about how you have been treated. This may include concerns about use of force, injury, healthcare, medication, legal advice, an appropriate adult, an interpreter, discrimination, food, rest or being kept in custody.

Keep your custody, bail, property and charging paperwork. Write down what happened, including dates, times and the names or collar numbers of officers where known, as soon as you can.

You can complain to the police force about officer or staff conduct. The Independent Office for Police Conduct oversees the police complaints system, but most complaints are initially handled by the relevant force. A complaint does not replace urgent legal advice about detention, bail, evidence, property or a possible legal claim.

Read the IOPC guide to police complaints.

Further information

Important

This information applies to England and Wales. It is general information, not legal advice. If you are in police custody, ask to speak to a solicitor as soon as possible. Tell custody staff immediately if you need medical help, medication, an interpreter, communication support or an appropriate adult.