What happens after 24 hours in police custody?

Getting held in police custody can be extremely distressing, especially if you are unsure how long you can legally be detained. In England and Wales, the police can usually hold a person for up to 24 hours without charge after arrest. After that, they must either charge the person, release them, or lawfully extend their detention in specific circumstances.

Police cannot keep someone in custody indefinitely. If they hold you for too long, fail to follow the correct process, or do not have lawful grounds to continue detention, you may be able to bring a claim for false imprisonment, unlawful detention or police misconduct.

At HNK Solicitors, we specialise in civil actions against the police and help clients bring claims where they have been wrongfully arrested, unlawfully detained or mistreated in custody.

Quick answer: what happens after 24 hours in police custody?

After 24 hours in police custody, the police must usually either charge you, release you, release you on bail, release you under investigation, or obtain authorisation to extend your detention. In more serious cases, detention can be extended beyond 24 hours, but only if strict legal conditions are met.

If the police keep you in custody without the correct authorisation or without lawful grounds, your detention may be unlawful. In this case, you may be entitled to claim compensation.

How long can police hold you in custody without charge?

In most cases, police can hold you for up to 24 hours without charge. This period usually starts from the “relevant time”, which is often when you arrive at the police station after arrest. The purpose of detention is to allow police to investigate the alleged offence. This may include:

• interviewing you under caution;
• taking fingerprints, photographs or DNA;
• reviewing evidence;
• speaking to witnesses;
• searching property;
• checking your identity;
• deciding whether there is enough evidence to charge you.

However, detention must remain necessary. Police should not hold someone in custody simply because it is convenient. Under the Police and Criminal Evidence Act 1984 (PACE), Pace Code G, in order for an arrest to be lawful, the police must have:

Reasonable grounds to suspect the person was involved in or attempted involvement in the commission of a criminal offence;

AND

Reasonable grounds to believing the arrest of that person is necessary.

Both elements must be satisfied. For more information and to understand police rules around necessity to arrest, read our blog: Necessity to arrest explained.

Police custody time limits explained

Most people cannot be held beyond 24 hours unless the case involves a serious offence and the correct extension process has been followed. Read our comprehensive guide for how long police can hold you in custody to learn more about police custody time limits.

 Can police hold you longer than 24 hours?

Yes, police can keep you longer than 24 hours in some cases. However, they must follow strict rules. An extension beyond 24 hours may be possible if:

• the offence is sufficiently serious;
• continued detention is necessary to secure or preserve evidence;
• continued detention is necessary to obtain evidence by questioning;
• the investigation is being conducted diligently and expeditiously;
• the correct officer or court authorises the extension.

If these conditions are not met, continued detention may be unlawful.

What happens if police want to extend detention to 36 hours?

For certain serious offences, a senior police officer may authorise detention beyond 24 hours, usually up to a maximum of 36 hours.

Before doing this, the officer must be satisfied that continued detention is necessary and that the investigation is being handled properly. This should not be a simple or automatic decision. The evidence and facts must be reviewed properly and there should be clear reasons why further detention is required.

A 36-hour extension may be used where police need more time to:

• conduct interviews;
• examine evidence;
• search premises;
• review digital devices;
• obtain witness statements;
• preserve evidence;
• complete urgent enquiries.

If the extension was not properly authorised or justified, it may be challenged. If you were held longer than 24 hours, and an extension was not properly authorised or justified, you may be able to claim compensation for unlawful detention.

When can police hold you for up to 96 hours?

In serious cases, police may apply to a magistrates’ court for a warrant of further detention. This can allow detention to be extended beyond 36 hours, up to a maximum of 96 hours from the relevant time.

This is not automatic. The court must be satisfied that further detention is justified. The police must explain why more time is needed and show that the investigation is being conducted properly.

If the court refuses the application, the person should usually be released unless they are charged.

What happens if police do not have enough evidence after 24 hours?

If police do not have enough evidence to charge you after 24 hours, they may:

• release you with no further action;
• release you under investigation;
• release you on police bail;
• continue the investigation outside custody;
• seek authorisation to extend your detention;
• charge you if the evidence threshold is met.

Being released after 24 hours does not always mean the investigation has ended. You may still be contacted by police later, asked to attend a voluntary interview, or informed that the case has been referred to the CPS.

Can you be released under investigation after police custody?

Yes. If police decide not to charge you while you are in custody, they may release you under investigation, often referred to as RUI. Being released under investigation means you are not currently on bail, but the investigation remains ongoing. There may be no fixed end date, which can be stressful for the person involved.

You may later receive:

• no further action;
• a request for further interview;
• a postal charge;
• a summons;
• confirmation that the case has been closed.

If you have been released under investigation after arrest, you may want advice about your rights, police records, DBS disclosure, and whether the original arrest or detention was lawful.

Can police release you on bail after 24 hours?

Yes. Police may release you on bail after custody. Bail may include conditions, such as not contacting certain people, not attending certain places, or returning to the police station at a later date.

Police bail may be used where further investigation is needed but police believe conditions are necessary.

If you are released on bail, you should follow the conditions carefully. Breaching bail conditions can have serious consequences.

What are your rights in police custody?

If you are detained in police custody, you have important rights that the police must uphold. These include:

• the right to free legal advice;
• the right to have someone informed of your arrest;
• the right to read the Codes of Practice;
• the right to medical help if needed;
• the right to food, water and rest;
• the right to an interpreter if required;
• the right to be treated fairly and humanely;
• the right to be told why you are being detained;
• the right to regular detention reviews.

Police custody officers must keep your detention under review. If continued detention is no longer necessary, you should be released.

Can you speak to a solicitor after 24 hours in custody?

Yes. You have the right to free and independent legal advice while in police custody. This right continues throughout your detention, including after 24 hours.

You should be able to speak to a solicitor before police interview you. In some limited circumstances, access to legal advice may be delayed, but strict rules apply. A solicitor will be able to provide you with advice while in police custody and advise on your right to remain silent, and whether you should employ this during questioning.

What are custody reviews?

Custody reviews are checks carried out to decide whether a person should remain in police detention. The police must regularly review whether detention is still necessary.

A review should consider:

• why the person is still being detained
• what enquiries remain outstanding
• whether detention is still necessary
• whether the investigation is being handled promptly
• whether the person should be released or charged.

If custody reviews are missed, delayed or carried out improperly, this may support an argument that detention became unlawful.

What if police hold you for too long?

If police keep you in custody beyond the lawful time limit, or if they fail to obtain the correct authorisation for an extension, your detention may amount to false imprisonment or unlawful detention.

Potential warning signs include:

• being held beyond 24 hours without explanation
• no clear authorisation for continued detention
• delays caused by police inaction
• lack of proper custody reviews
• being kept in custody when there was no need
• detention after grounds for arrest had fallen away
• being denied access to legal advice
• being held after police should have released you

If this happened, you should seek legal advice as soon as possible.

Can you claim compensation for unlawful detention?

You may be able to claim compensation if police unlawfully detained you. This may include situations where the original arrest was unlawful, if you were detained longer than legally permitted or was necessary, police failed to conduct proper custody reviews, detention was extended without legal grounds to do so, you were denied important custody rights or excessive force was used during arrest or detention.

Compensation may cover:

The amount of compensation will depend on the circumstances, including how long you were unlawfully detained and how the detention affected you. To gain more of an idea how much compensation you could be entitled to read our police compensation payouts guide.

What should you do if you were held for more than 24 hours?

If you were held for more than 24 hours and believe police acted unlawfully, you should:

1. Request a copy of your custody record.
2. Keep all paperwork from the police.
3. Write down everything you remember about your detention.
4. Record when you were arrested, booked into custody and released.
5. Note whether you had access to a solicitor.
6. Keep evidence of any injury, distress or financial loss.
7. Avoid making a complaint before taking legal advice if you may have a civil claim.
8. Speak to a solicitor experienced in claims against the police.

A solicitor can review whether your detention was lawful, whether the correct authorisation was obtained, and whether you may be able to claim compensation.

How HNK Solicitors can help

HNK Solicitors specialises in civil actions against the police. If you were held in police custody for too long, wrongfully arrested, denied your rights, or detained unlawfully, we can advise you on whether you may have a claim.

We have years of experience helping clients obtain compensation from the police after they were treated unlawfully, including one client who we helped gain £107,000 for wrongful arrest, false imprisonment and assault.

If you believe police acted unlawfully during your arrest or detention, contact HNK Solicitors today for confidential advice. We offer free consultations and can even take on cases on a no-win, no-fee basis. Call our expert team on 0151 668 0813 or email enquiries@hnksolicitors.com.

This blog was reviewed by Vivien Lee, Associate Solicitor and Deputy Head of Actions Against the Police.