The powers library28 of 59 Detention and custody

Detention before charge

s.37Police and Criminal Evidence Act 1984

Requires the custody officer to decide, as soon as practicable, whether there is enough evidence to charge an arrested person, and lets them authorise detention without charge only where it is necessary to secure, preserve or obtain evidence.

Detention before charge · Police and Criminal Evidence Act 1984, s.37Card 28 / 59

When you can use it

s.37(1)The person has been arrested for an offence, without a warrant or under a warrant not endorsed for bail, and is detained at a police station
s.37(10)The custody officer decides whether there is sufficient evidence to charge as soon as practicable after arrival (or after arrest, if arrested at the station)
s.37(1)The person may be held only for as long as needed to make that decision
s.37(2)–(2A)If there is not enough evidence, the person must be released, on bail if the pre-conditions for bail are met, otherwise without bail
s.37(3)Unless the custody officer has reasonable grounds for believing detention without charge is necessary to secure or preserve evidence of an offence for which the person is under arrest
s.37(3)Or to obtain such evidence by questioning the person

What it allows

Hold an arrested person at the station while the custody officer decides whether there is enough evidence to charge.
Authorise continued detention without charge where it is necessary to secure, preserve or obtain evidence, including by interview.
With enough evidence, the custody officer decides whether to charge, release with or without bail, or detain or bail for a CPS decision (s.37(7)–(7A)).
Where there is enough evidence but the person is not in a fit state to be dealt with, keep them in detention until they are (s.37(9)).

Key definitions

Custody officer – s.36: appointed for a designated station and at least a sergeant. They must not be involved in the investigation (s.36(5)).
Pre-conditions for bail – s.50A: the custody officer is satisfied bail is necessary and proportionate, having considered any representations from the person or their lawyer.
Necessary – s.37(3): detention must be necessary to secure, preserve or obtain evidence. Once the grounds cease, the custody officer must order immediate release (s.34(2)).

Safeguards

Make a written record of the grounds for detention as soon as practicable (s.37(4)).
Record it in the person’s presence and tell them the grounds, unless they cannot understand, are or may become violent, or urgently need medical attention (s.37(5)–(6)).
Note comments on the arresting officer’s account but do not invite them or ask about their involvement (Code C 3.4(a)).
Make available documents essential to challenging the lawfulness of the arrest and detention (Code C 3.4(b)).
Give written notice of no prosecution if, on release, the custody officer decides there is not enough evidence to charge, or no charge or caution should follow (s.37(6A)–(6C)).

Good to know

The 24-hour clock runs from the relevant time (s.41). Reviews (s.40) are by an inspector not directly involved: the first within 6 hours of detention first being authorised, then at most every 9 hours.
Section 37(8A)–(8B) allow detention to continue for a drug test sample when the person is to be bailed, up to 24 hours after the relevant time. The Crime and Policing Act 2026, s.186, will remove them, but is not yet in force.
The custody officer must have regard to the DPP’s charging guidance (s.37A); Code C 16.1A says they must comply with it.

Legislation: Police and Criminal Evidence Act 1984, s.37 (opens legislation.gov.uk in a new tab)
Who can use it: A custody officer (sergeant or above)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Detention before charge: questions people ask

When can the police use detention before charge?

1. The person has been arrested for an offence, without a warrant or under a warrant not endorsed for bail, and is detained at a police station 2. The custody officer decides whether there is sufficient evidence to charge as soon as practicable after arrival (or after arrest, if arrested at the station) 3. The person may be held only for as long as needed to make that decision 4. If there is not enough evidence, the person must be released, on bail if the pre-conditions for bail are met, otherwise without bail 5. Unless the custody officer has reasonable grounds for believing detention without charge is necessary to secure or preserve evidence of an offence for which the person is under arrest 6. Or to obtain such evidence by questioning the person

Who can use detention before charge?

A custody officer (sergeant or above)

What law gives the power for detention before charge?

Police and Criminal Evidence Act 1984, s.37.

More detention and custody powers

All detention and custody powers