How Long Can
Police Hold You?
The 24, 36 & 96 Hour Detention Rules Explained (2026 Guide)
The Quick Answer
In most cases, police can hold you for up to 24 hours
In most cases, police in England and Wales can hold you for up to 24 hours without charging you. For serious offences, this can be extended to 36 hours by a senior officer. A magistrates’ court can authorise detention up to 96 hours. Terrorism cases follow separate legislation.
Statutory Basis
The Legal Framework
Police detention is governed primarily by:
- Police and Criminal Evidence Act 1984 (PACE)
- Code C of PACE
- Criminal Justice Act amendments
- Terrorism Act 2000 (separate regime)
Essential Criteria
Detention must be actively justified at set intervals.
The PACE Clock
Detention Review Cycle
Relevant Time
The clock typically starts upon arrival at the custody suite or at the time of arrest.
First Review
Performed by a Review Officer to determine if detention is still necessary.
Periodic Reviews
Subsequent reviews occur at least every 9 hours following the initial review.
Legal Rights
Your Rights in Custody
The 24-Hour Rule
Under Section 41 of PACE, a suspect may be detained for up to 24 hours from the "relevant time".
Beyond 24 Hours
The Extension Tiers
The 36-Hour
Extension
For indictable offences, a superintendent (or above) may authorise detention up to 36 hours.
The 96-Hour
Maximum
To detain beyond 36 hours, police must apply to a Magistrates' Court for a warrant of further detention.
Terrorism Cases (Exceptions)
Under the Terrorism Act 2000, detention can initially be 48 hours. Extensions may be authorised by judicial authority, historically up to 14 days. These cases operate under separate legal safeguards.
What Happens if Time Expires?
If police cannot justify further detention or the legal maximum is reached, they MUST release the suspect. They cannot "keep investigating" while holding you unlawfully.
Detention FAQ
How long can police hold you without charge?
Up to 24 hours normally. 36 hours for serious offences. 96 hours with magistrate approval.
Can police extend detention beyond 24 hours?
Yes — but only with senior or judicial authorisation. A superintendent can authorise up to 36 hours, and a Magistrates' Court can extension this up to 96 hours.
Who authorises 36-hour detention?
A police officer of the rank of Superintendent or above can authorise detention up to 36 hours for an indictable offence, provided further detention is necessary to secure or preserve evidence.
What is the 96-hour rule?
To detain a suspect beyond 36 hours, police must apply to a Magistrates' Court. A magistrate can authorise detention up to a total of 96 hours. After this point, the suspect must be charged or released.
How long can police hold you under terrorism laws?
Under the Terrorism Act 2000, suspects can initially be held for 48 hours. This can be extended up to a maximum of 14 days with judicial approval.
Do weekends count?
Yes. Time runs continuously 24/7. Bank holidays and weekends do not pause the PACE clock.
Institutional Context
Detention limits are one component of the broader regulatory framework governing policing. Explore related guides for a full understanding of PACE 1984.