If you’re stopped by the police, it’s important that you know your rights, especially when it comes to police detention. Understanding the rules around how long you can be held ensures you’re treated fairly.
In the UK, the police can detain you, but it’s not indefinite. So, how long can police detain you? Let’s break down the key points.
What are the legal limits for police detention?
When you’re detained, there are clear police detention time limits to be aware of. These limits ensure you’re not held indefinitely without charge. Here’s a breakdown of the detention process and time limits:
- Up to 24 hours – Standard detention without charge
- Up to 36 hours – Possible extension for serious crimes
- Up to 96 hours – Further extension for serious crimes (with court approval)
- Up to 14 days – Terrorism-related detention
If the police don’t charge you within these time periods, they must release you. It’s important to know your rights in these situations so you can seek legal assistance if needed.
What does the Police and Criminal Evidence Act (PACE) say?
The Police and Criminal Evidence Act (PACE) is a key piece of legislation that sets out the rules and regulations for police powers in England and Wales, including including detention without charge in the UK
The PACE Act detention rules are outlined in Sections 41 to 43 and ensure that detention is conducted lawfully and with respect to individual rights.
PACE outlines how detention should be handled:
- Section 41: Police can detain for 24 hours, extendable to 36 hours with suspicion of serious crime.
- Section 42: If detained longer than 36 hours, a court must approve an extension.
- Section 43: For terrorism offenses, up to 14 days of detention is possible with Home Secretary approval.
Safeguards to prevent unlawful detention
PACE also includes important safeguards to prevent unlawful police detention:
- Review of detention: The police must review the detention at regular intervals. After the initial 24-hour period, a senior officer (above the rank of superintendent) must authorise any further detention. If detention is extended beyond 36 hours, a magistrate must review the case.
- Access to legal advice: People in detention have the right to consult with a solicitor. If you’re being detained, you can request legal advice, and this must be granted.
- Recording of detention: The police are required to keep a detailed record of your detention, including the reasons for it, and the times of your arrest and questioning.
These provisions ensure that the detention process is transparent, and if your detention exceeds the legal limits, you have the right to challenge it. If you believe your detention is unlawful, seeking legal assistance is highly recommended, especially if you have experienced harm during detention.
What are your rights while in police custody?
Being detained by the police can be an intimidating experience, but it’s important to know your rights to ensure that you’re treated fairly and lawfully. Here are your key rights while in police custody:
- Legal advice: You’re entitled to free legal advice.
- Notify someone: You can inform a friend or relative about your detention.
- Medical attention: You have the right to medical care if needed. If you’ve been injured or feel unwell, it’s important to report this and seek treatment immediately. Any failure by the police to provide medical care may be grounds for a personal injury claim.
- Codes of practice: You can view the rules governing your detention, which ensures your rights in custody in the UK are upheld.
What happens after detention?
After detention, there are a few possible outcomes:
- Bail: You may be released on conditional or unconditional bail.
- Release under investigation: The investigation continues, and you may be re-arrested.
- No further action: If there’s no evidence, you won’t be charged.
What can you do if your detention is unlawful?
If you believe your detention is unlawful, here’s what you can do:
- Document the incident: Keep a record of all details.
- Seek legal advice: Consult a solicitor to challenge unlawful detention. Injury Lawyers 4U are able to help you take action against the police, especially if your detention resulted in personal injury or emotional distress.
- File a complaint: Submit a formal complaint to the police or the IOPC.
- Compensation: You may be entitled to compensation for wrongful detention, particularly if you’ve suffered physical or psychological harm. Check out our Compensation Calculator to estimate potential compensation for any injuries you may have sustained.
Protecting your rights: what to do next
To recap, there are clear detention time limits and specific rights you’re entitled to while in police custody. If you believe your rights have been violated or you’ve experienced harm during detention, it’s important to act quickly.
Get in touch with Injury Lawyers 4U for expert guidance on the claims process for unlawful detention and personal injury. We’re here to support you every step of the way.