Arrest, Charge
& Custody
How Police Detention, Interviews and Charging Decisions Work in England & Wales (2026 Guide)
The Core Process
What is an Arrest?
In England and Wales, when a person is arrested, police must have reasonable grounds for suspicion and the arrest must be necessary under PACE Code G. After arrest, the individual is taken to custody where detention is authorised. Police may hold a person for up to 24 hours before charge, extendable in serious cases. The case then results in charge, bail, release under investigation, or no further action.
Authority Library
Core Explainers
Independent Analysis of UK Police Procedure, Arrest Rights, and Custody Regulations.
Arrest
Rules
The comprehensive manual on police powers from the moment of arrest on the street to the point of arrival in a custody suite.
Time Limits
24, 36 & 96 Hour Detention Laws.
RUI Manual
Rights during ongoing enquiries.
Bail Rights
Conditions and time limits explained.
After Charge
Transition from police to court.
Youth Justice
Protocols for detaining minors and Appropriate Adults.
Specialist Advice
Access to duty solicitors and legal aid thresholds.
PACE Code C
The definitive guide to the treatment of detainees.
Medication & Care
Healthcare duties and clinician assessments in custody.
Chapter 01
Understanding
Arrest in the UK
An arrest occurs when a constable deprives a person of их liberty to investigate an offence. Legal authority derives from Section 24 PACE 1984.
- • Constable must state grounds
- • Necessity must be established
- • Caution must be administered
"Arrest is not punishment. It is investigative detention. It represents the start of the formal criminal procedure under the Police and Criminal Evidence Act 1984."
Chapter 02
The Legal Framework
PACE 1984
The primary legislation governing police powers, search, evidence safeguards and custody rights in England and Wales.
Code G Necessity
Arrest must be necessary for reasons such as preventing injury, damage, protecting a child, or allowing prompt investigation.
4. Custody
Authorisation
Upon arrival at the custody suite, a Custody Officer independently reviews the lawfulness of arrest. If grounds or necessity are not satisfied, detention must be refused.
The 24-hour limit begins precisely when the suspect arrives at the custody suite.
6. How Long Can Police
Hold You?
9. Possible Outcomes
| Outcome | Conditions | Time Limit | Court Date |
|---|---|---|---|
| Bail | Yes | Yes | Yes |
| RUI | No | No | No |
| Charge | Bail or Remand | N/A | Yes |
| NFA | No | No | No |
Arrest & Custody FAQ
Can police arrest without evidence?
Police must have 'reasonable grounds to suspect' an offence has been committed. This is a lower threshold than the 'beyond reasonable doubt' required for conviction, but it must be based on objective information, not mere hunch.
Can you refuse arrest?
No. Resisting a lawful arrest is a criminal offence under Section 89 of the Police Act 1996. Even if you believe the arrest is unfair, the legally advised course is to comply and challenge the lawfulness later through legal channels.
Can police arrest at home?
Yes. Police have powers under Section 17 of PACE to enter and search premises to effect an arrest for an indictable offence, or with an arrest warrant.
Can police search your phone?
Police may seize a phone as evidence under Section 19 of PACE. However, accessing the data usually requires either consent or a specific authority/warrant depending on the circumstances.
Do arrests show on DBS?
An arrest without conviction does not show on a Standard DBS. However, it may appear on an Enhanced DBS if the police consider it relevant to the role being applied for.
Can you be arrested twice for the same thing?
Yes, if new evidence comes to light that was not available during the first period of detention. However, police cannot simply re-arrest to 'reset' the PACE clock without new justification.
What happens if you resist arrest?
You can be charged with 'Obstruction of a Constable' or 'Assault on an Emergency Worker'. These carry separate prison sentences and fines regardless of the original reason for arrest.
Can police detain overnight?
Yes. If the 24-hour PACE clock has not expired and the investigation requires continued detention, suspects are often held overnight in a custody suite.
What is the difference between arrest and voluntary interview?
A voluntary interviewee is not under arrest and is free to leave at any time. An arrested person is in forced detention and must be processed through a custody suite with strict time limits.
Who decides if I am charged?
For minor offences, the police make the decision. For serious or complex cases, the decision is made by the Crown Prosecution Service (CPS) applying the Full Code Test.
Can I see a doctor in custody?
Yes. You have a right to medical attention if you are ill or injured. A Healthcare Professional (HCP) is usually on-site in larger custody suites.
What happens to my belongings?
Your property is searched and recorded by the Custody Officer. Essential items are stored securely and returned upon release, unless seized as evidence.
What is Section 24 of PACE?
Section 24 provides the statutory power for a constable to arrest without a warrant if they have reasonable grounds to suspect an offence.
What is the 'Necessity Test'?
Under PACE Code G, an arrest is only lawful if it is necessary for a specific reason, such as allowing a prompt investigation or preventing the disappearance of the suspect.
How many times are custody reviews done?
The first review is at 6 hours, followed by subsequent reviews every 9 hours by a Review Officer (usually an Inspector).