How long can police detain a suspect before charge under PACE?

Up to 24 hours from the relevant time as standard (s.41 PACE), with reviews at 6 hours and then at intervals of not more than 9 hours by an officer of at least inspector rank not involved in the investigation (s.40 PACE). A superintendent can extend detention to 36 hours for an indictable offence (s.42 PACE). Beyond that, a magistrates' court can issue a warrant of further detention, extendable in periods of up to 36 hours, to an absolute maximum of 96 hours from the relevant time (ss.43–44 PACE).

Who can authorise a delay to a detainee's right to legal advice, or to have someone informed of their arrest?

The two rights sit at different delay ranks. Delaying the right to legal advice (s.58 PACE) needs a superintendent's authority. Delaying the right to have someone informed of the arrest (s.56 PACE) needs only an inspector's authority — a lower threshold than the legal-advice delay.

What is the current pre-charge bail time limit?

Once the custody officer grants pre-charge bail, an initial applicable bail period of 3 months runs automatically (s.47ZB PACE). It can be extended to 6 months by an inspector (s.47ZD PACE), then to 9 months by a superintendent (s.47ZDA PACE); beyond 9 months, only a magistrates' court can grant a further extension (s.47ZF PACE). Release under investigation (RUI) is different — no conditions and no statutory time limit, because that bail-period clock only applies to persons released on bail.

Custody Procedures — Deep Dive

The PACE detention clock, detainee rights and who can delay them, what the custody record must contain, appropriate adults, juvenile provisions, fitness to detain and interview, pre-charge bail and RUI, charging tests, strip and intimate search, and deaths in custody — an officer quick-reference.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 26 August 2026 · Next review due: 26 February 2027

Reviewed by BlueLineHub Editorial

What are the PACE detention time limits, and how do a detainee's rights, pre-charge bail, and custody searches work?

A custody officer authorises detention under s.37 PACE. Detention is then reviewed by an officer of at least inspector rank not involved in the investigation — the first review not later than 6 hours after detention was authorised, then at intervals of not more than 9 hours (s.40 PACE). The maximum initial period of detention without charge is 24 hours (s.41 PACE). A superintendent may extend detention to 36 hours for an indictable offence (s.42 PACE). Beyond that, a magistrates' court may issue a warrant of further detention, extendable in periods of up to 36 hours, to an absolute maximum of 96 hours from the relevant time (ss.43–44 PACE).

The right to legal advice (s.58 PACE) can be delayed, for an indictable offence, only with a superintendent's authority. The right to have someone informed of the arrest (s.56 PACE) can be delayed, for an indictable offence, with an inspector's authority — a lower rank than the legal-advice delay.

Pre-charge bail runs under PACE ss.47ZB–47ZF: once the custody officer grants bail, an initial applicable bail period of 3 months runs automatically, extendable to 6 months by an inspector, then 9 months by a superintendent, then only by a magistrates' court. Release under investigation (RUI) is release without bail — no conditions and no statutory time limit, because the bail-period clock applies only to persons released on bail. A strip search is authorised by the custody officer under PACE Code C Annex A; an intimate search requires an inspector's authority, and a drug-offence intimate search must be carried out by a suitably qualified person.

All operational references

A reference to the custody process from detention authorisation to charge, release, and the legal obligations surrounding vulnerable detainees and deaths in custody: the PACE detention clock, detainee rights and the delay authority for each, what the custody record must contain, appropriate adults, juvenile-specific provisions, fitness to detain and interview, pre-charge bail and release under investigation (RUI), charging decision tests, strip and intimate search, and deaths in custody. It is educational reference, not tactical guidance — follow your force policy, training, PACE Codes C and H, and current law.

The PACE Detention Clock — Time Limits

The clock starts when the detainee arrives at the police station (or from time of arrest if earlier, where there is delay). Each milestone requires active decision-making by the custody officer or authorising officer.

0 hrs — Detention authorised (s.37 PACE)

The custody officer authorises detention under s.37 PACE. The PACE clock starts. Grounds must be sufficient to charge, or to secure or preserve evidence.

6 hrs — First review (s.40 PACE)

First review of detention under s.40 PACE, conducted not later than 6 hours after detention was authorised, by a review officer of at least inspector rank not involved in the investigation. Can be conducted in person or by telephone if the reviewing officer is not available. The review must be documented on the custody record.

15 hrs — Second review (s.40 PACE)

Second review under s.40 PACE, at an interval of not more than 9 hours after the first review, by a review officer of at least inspector rank not involved in the investigation. The reviewing officer reassesses the grounds, the progress of the investigation, and the continued necessity of detention, and can release the detainee with or without bail.

24 hrs — Must charge, release, or extend (s.41 PACE)

The maximum initial period of detention without charge, running from the relevant time. The detainee must be charged, released unconditionally, released on bail or RUI, or continued detention must be authorised by a superintendent under s.42 PACE. Detention cannot continue beyond 24 hours without that authority.

36 hrs — Superintendent extension (s.42 PACE)

A superintendent may authorise continued detention beyond 24 hours, up to a total of 36 hours, for an indictable offence only. The superintendent must personally review and authorise the extension — it cannot be delegated — and written grounds are required.

96 hrs — Magistrates' warrant of further detention, absolute maximum (ss.43–44 PACE)

Beyond 36 hours, the police must apply to a magistrates' court for a warrant of further detention under s.43 PACE, and may apply to extend that warrant under s.44 PACE. The court must be satisfied the investigation is being conducted diligently and expeditiously. Each extension is for up to 36 hours, to an absolute maximum of 96 hours' detention from the relevant time. Detention under the Terrorism Act 2000 follows separate provisions and is not covered by this PACE timeline.

Rights of the Detainee — s.56 & s.58 PACE

Rights must be given on arrival and explained in a way the detainee can understand. They must be documented on the custody record. Note the different delay authority for each right.

Right	Section	Can be delayed?	Detail
Right to free legal advice	s.58 PACE 1984	Yes — delay requires a superintendent's authority	Available 24/7 via the Defence Solicitor Call Centre (DSCC). Cannot be withheld except in exceptional circumstances: for an indictable offence, a superintendent may authorise delay where there is a risk of evidence being interfered with or harmed, other people being alerted, or hindering the recovery of property (s.58(6) PACE).
Right to have someone informed of arrest	s.56 PACE 1984	Yes — delay requires an inspector's authority	One person of the detainee's choice must be informed as soon as practicable. For an indictable offence, an inspector may authorise delay on the same category of grounds as the legal-advice right (s.56(2) PACE) — the delay authority for this right sits at inspector rank, a lower rank than the superintendent authority needed to delay legal advice. If the detainee is a juvenile, their parent or guardian must also be informed.
Right to consult the PACE Codes of Practice	Code C para. 3.1	No	Must be made available on request at any time during detention. Cannot be withheld.
Right to an interpreter	Code C para. 13	No	If the detainee does not speak English sufficiently, a qualified interpreter must be provided. A PACE interview cannot be conducted without interpretation. Remote interpretation services are acceptable.
Right to medical attention	Code C para. 9	No	The custody officer must call a Healthcare Professional (HCP) if the detainee appears to require medical attention. Cannot be withheld. The detainee may also request a private doctor at their own expense.

Custody Record — What MUST Be Recorded

The custody record is a contemporaneous legal document. Every entry must be timed and signed. Omissions or inaccuracies can undermine a prosecution and lead to misconduct allegations.

Time and reason for detention authorised by custody officer
All rights given — including whether the detainee waived or requested them
Time and nature of every interaction with the detainee
All meals and refreshments provided, including times
Welfare checks — time and nature (cell check, welfare conversation)
Medication administered — type, dose, time, administered by whom
Injuries or illness noted on arrival — description and photographs
Any complaints made by the detainee and action taken
Any use of force — who authorised, what was used, outcome
Interview start and end times, and whether a legal adviser was present
Reviews of detention — time, reviewing officer, grounds for continued detention
Time of release, charge, bail conditions, or further detention authority

Vulnerable Persons & Appropriate Adults (AA)

The appropriate adult scheme is a fundamental safeguard. Failure to provide an AA where required can render an interview inadmissible and constitute misconduct.

Who requires an AA

All juveniles (persons under 18) and any adult who appears to be mentally disordered or otherwise mentally vulnerable. The custody officer makes the initial assessment but must err on the side of caution.

Who can be an AA — juveniles

Parent or guardian; local authority social worker (for looked-after children); other responsible adult over 18 (not a police officer or employee). The accused's solicitor cannot also act as AA.

Who can be an AA — adults

A relative, guardian, or person responsible for the detainee's care; a person with experience of caring for mentally disordered persons (e.g. an AMHP); any other responsible adult. Same restrictions apply.

Role of the AA

To support, advise and assist the detainee; to observe that the interview is conducted properly and fairly; to facilitate communication. The AA is not a passive observer — they can intervene if they consider the interview unfair.

When an AA is required

Must be present when rights are given and explained; during any PACE interview; during identification procedures; when intimate samples are taken; when charge is put. Arriving after an interview has started does not validate the interview.

Interview without an AA

An urgent interview may take place without an AA only if an officer of superintendent rank or above authorises it (PACE Code C para 11.18) because delay would lead to interference with evidence, harm to others, or serious loss of property. The AA must be sought in parallel and the interview must stop as soon as they arrive if not already concluded.

Juvenile-Specific Provisions

Juveniles must not normally be held in a police station overnight — they must be transferred to local authority accommodation (s.38(6) PACE) unless the custody officer certifies it is impracticable or, for those aged 12-17, that no secure accommodation is available AND that keeping them in other local authority accommodation would not be adequate to protect the public from serious harm from them.
School or college must be notified if the juvenile is of school age and detention extends into school hours — normally by the AA, but the custody officer must ensure it happens.
Interview of a juvenile must not commence without an AA present (except an urgent interview authorised by an officer of superintendent rank or above under PACE Code C para 11.18).
The maximum detention time provisions apply equally — the PACE clock runs from time of arrest regardless of age.
Cautions, reprimands, and final warnings have been replaced by youth cautions (s.66ZA Crime and Disorder Act 1998, inserted by LASPO 2012) — these have specific procedures for juveniles, involving the parent or guardian and, where appropriate, a youth offending team.
Strip searches of juveniles: an AA must be present unless the juvenile specifically requests otherwise and the AA agrees they need not be present.

Fitness to Detain & Fitness to Interview

Physical health check

The custody officer must assess on arrival whether the detainee is fit to be detained. Any concerns trigger an HCP referral. Particular attention to intoxication (alcohol and drugs), head injuries, and chronic conditions.

Mental health assessment

If the detainee appears to be suffering from a mental disorder, the custody officer must consider a Mental Health Act assessment and liaison-and-diversion services, and ensure an appropriate adult is contacted.

Healthcare Professional (HCP)

The HCP (police surgeon, forensic medical examiner, or nurse) assesses fitness to detain and fitness to interview. Their assessment is documented on the custody record and is advisory — the custody officer retains responsibility.

When to divert to hospital

If the HCP determines the detainee requires immediate medical attention that cannot be provided in custody, they must be taken to hospital. An officer must accompany them. The PACE clock continues to run.

Fitness to interview

A detainee must be assessed as fit to interview before a PACE interview commences. Factors: mental state, medication, alcohol or drug intoxication, exhaustion. The HCP certifies fitness to interview — officers must not interview without this if there is doubt.

Safeguarding — self-harm risk

Any disclosure or indication of self-harm risk must be actioned immediately — remove ligature points, apply a constant observation level if necessary, call the HCP, and document an action plan on the custody record.

Pre-Charge Bail (PACE ss.47ZA–47ZM)

Pre-charge bail is used when a suspect is released before a charging decision has been made, subject to conditions. Once the custody officer grants bail, an initial applicable bail period of 3 months from the date of release runs automatically by statute (s.47ZB PACE) — the custody officer's decision is to grant bail; the 3-month period is not a separate authorisation they additionally give.

That period can be extended to 6 months by an inspector (s.47ZD PACE), then to 9 months by a superintendent (s.47ZDA PACE). Beyond 9 months, a further extension can only be granted by a magistrates' court (s.47ZF PACE).

Conditions that can be imposed include residence, curfew, exclusion zones, non-contact requirements, and surrender of a passport.

Released Under Investigation (RUI)

RUI means the suspect is released without bail and without any conditions. There is no statutory time limit, because the pre-charge bail-period clock (s.47ZB onward) applies only where a person has been released on bail — RUI is not bail, so that clock does not run against it.

Force policy typically sets internal review timescales for RUI cases, but these are not statutory requirements. Used when bail is not appropriate or necessary.

Pre-Charge Bail vs RUI — Quick Reference

Type	Legal basis	Conditions?	Time limit
Pre-charge bail	PACE 1984 ss.47ZB, 47ZD, 47ZDA, 47ZF	Yes — full range of bail conditions available	Initial applicable bail period of 3 months, running automatically once the custody officer grants bail (s.47ZB); extendable to 6 months by an inspector (s.47ZD), then 9 months by a superintendent (s.47ZDA); beyond 9 months only a magistrates' court can grant a further extension (s.47ZF).
Release Under Investigation (RUI)	Release without bail — the pre-charge bail-period sections do not apply	No — no conditions can be imposed	No statutory time limit. The bail-period clock applies only to persons released on bail, not to RUI.

Charging Decisions — Tests Applied

Threshold Test

Used when there is insufficient evidence to apply the Full Code Test but the case merits charging to allow more evidence to be gathered. Used only when it is appropriate to refuse bail, there is a reasonable suspicion the person committed the offence, and it is in the public interest to charge. Set out in the CPS Code for Crown Prosecutors, issued by the Director of Public Prosecutions under s.10 Prosecution of Offences Act 1985.

Full Code Test

Two stages: (1) the evidential stage — is there sufficient evidence to provide a realistic prospect of conviction? (2) the public interest stage — is it in the public interest to prosecute? Both must be satisfied. This is the standard test applied in the vast majority of cases. Set out in the CPS Code for Crown Prosecutors.

Police / CPS charging split

For more serious offences the OIC must consult CPS before charging; many forces use a charging hub or Virtual Case File (VCF) system. The CPS lawyer applies the Full Code Test and communicates the charging decision to the custody officer. The split between offences the police may charge and those requiring CPS advice is set out in the Director's Guidance on Charging (6th edition), issued under s.37A PACE.

Custody officer authority to charge

For minor summary offences within the Director's Guidance on Charging, the custody officer may charge without CPS advice — or dispose of the case by simple caution, conditional caution, or charge where the person admits the offence and it is clearly in the public interest to charge.

Search of Detained Persons

The general power to search a detained person, and to seize and retain items found, is under s.54 PACE. Strip search and intimate search are more intrusive procedures with their own specific safeguards, set out below.

Strip Search & Intimate Search in Custody

Strip search — authority

Requires the written authority of the custody officer, under PACE Code C Annex A. The custody officer must have reasonable grounds to believe the detainee has concealed on their person an article they could use to cause harm to themselves or others, or which is evidence of an offence.

Same-sex officer

Must be conducted by an officer of the same sex. No officer of the opposite sex may be present unless the detainee specifically requests it and the officer of the opposite sex agrees.

AA for vulnerable persons

An appropriate adult must be present for the strip search of a juvenile or a mentally vulnerable adult, unless the juvenile specifically requests that the AA is not present and the AA agrees.

Intimate search — authority

Authority of an inspector is required (s.55 PACE) — the authorising rank was reduced from superintendent to inspector by s.79 Criminal Justice and Police Act 2001, in force 1 April 2003. An intimate search (examination of body orifices other than the mouth) carried out for drugs must be by a suitably qualified person — a registered medical practitioner or nurse. Officers may only carry out an intimate search for weapons themselves, and only in exceptional circumstances.

Reasonable force

Force may only be used to the extent necessary. A forcible intimate search is not permitted for a drug-offence search.

Recording

Every aspect of the search must be recorded on the custody record: authority given, by whom, the time, officers present, what was found, and any force used.

Deaths in Custody — Immediate Actions & Legal Obligations

Any death in or following custody triggers a mandatory IOPC referral and Article 2 ECHR obligations. Officers must act immediately and correctly.

1. Immediate response

Render first aid and call an ambulance immediately. Preserve the scene — treat as a potential crime scene. Do not move the body or interfere with evidence unless required for resuscitation.

2. Supervisor notification

Notify the custody sergeant, custody inspector, and on-call senior officer immediately. The Force Duty Inspector must be informed.

3. IOPC mandatory referral

All deaths in or following police custody must be referred to the Independent Office for Police Conduct (IOPC) without delay. This is a mandatory referral under Schedule 3 to the Police Reform Act 2002 — failure to refer is itself a serious breach.

4. Article 2 obligations

The state has an obligation to investigate a death in custody effectively and independently. This investigative duty has been established in case law interpreting Article 2 ECHR (the right to life, given effect in UK law by Schedule 1 to the Human Rights Act 1998) — it is not set out in the express words of Article 2 itself. An IOPC investigation or an inquest before a coroner will follow. Officers must cooperate fully.

5. Scene preservation

CCTV, BWV, the custody record, and all related evidence must be preserved and not altered. Officers involved must not confer about the incident before making their accounts.

6. Family liaison

A Family Liaison Officer (FLO) must be appointed at the earliest opportunity to support the family and act as a communication link between the family and the investigation. The family have rights in the inquest process.

7. Officer welfare

Officers involved in a death in custody may experience significant trauma. Welfare support must be offered proactively. Officers may also face misconduct or criminal investigation — they should contact their Police Federation representative immediately.

Procedure cards

The same provisions, reproduced verbatim from the PACE Codes and Act sections, laid out in procedure order.

Frequently asked

How long can police detain a suspect before charge under PACE?: Up to 24 hours from the relevant time as standard (s.41 PACE), with reviews at 6 hours and then at intervals of not more than 9 hours by an officer of at least inspector rank not involved in the investigation (s.40 PACE). A superintendent can extend detention to 36 hours for an indictable offence (s.42 PACE). Beyond that, a magistrates' court can issue a warrant of further detention, extendable in periods of up to 36 hours, to an absolute maximum of 96 hours from the relevant time (ss.43–44 PACE).
Who can authorise a delay to a detainee's right to legal advice, or to have someone informed of their arrest?: The two rights sit at different delay ranks. Delaying the right to legal advice (s.58 PACE) needs a superintendent's authority. Delaying the right to have someone informed of the arrest (s.56 PACE) needs only an inspector's authority — a lower threshold than the legal-advice delay.
What is the current pre-charge bail time limit?: Once the custody officer grants pre-charge bail, an initial applicable bail period of 3 months runs automatically (s.47ZB PACE). It can be extended to 6 months by an inspector (s.47ZD PACE), then to 9 months by a superintendent (s.47ZDA PACE); beyond 9 months, only a magistrates' court can grant a further extension (s.47ZF PACE). Release under investigation (RUI) is different — no conditions and no statutory time limit, because that bail-period clock only applies to persons released on bail.