The powers library29 of 59 Detention and custody

Limits on detention without charge

ss.41–44Police and Criminal Evidence Act 1984

Sets the maximum time a person can be held in police detention without charge – 24 hours from the relevant time, up to 36 hours on a superintendent's authority, and up to 96 hours under warrants from a magistrates' court – for indictable offences only beyond 24 hours.

Limits on detention without charge · Police and Criminal Evidence Act 1984, ss.41–44Card 29 / 59

When you can use it

s.41(1)No one may be kept in police detention for more than 24 hours from the relevant time without being charged, unless ss.42–44 apply
s.42(1)A superintendent or above, responsible for the station, may authorise detention up to 36 hours from the relevant time
s.42(1)(a)–(c)The superintendent must have reasonable grounds for believing detention without charge is necessary to secure or preserve evidence, or to obtain it by questioning; the offence is indictable; and the investigation is being conducted diligently and expeditiously
s.42(4)The authorisation cannot be given more than 24 hours after the relevant time, or before the second s.40 review
s.43(1), (4)A magistrates' court may issue a warrant of further detention, on a constable's application on oath supported by an information, if satisfied there are reasonable grounds for believing the same three conditions are met
s.43(5)The application must be made before 36 hours from the relevant time, or within the next 6 hours if no court is sitting at the 36-hour point
s.43(12)A warrant lasts no longer than 36 hours
s.44(1)–(3)The court may extend the warrant, by up to 36 hours each time, but detention cannot run beyond 96 hours from the relevant time

What it allows

Detention without charge for up to 24 hours from the relevant time, for any offence.
For an indictable offence only, a superintendent’s extension to 36 hours, then court warrants to an absolute maximum of 96 hours.
When a limit expires without charge or further authority, the person must be released, with or without bail (s.41(7), s.42(10), s.43(18)).

Key definitions

Relevant time – s.41(2): usually arrival at the first police station after arrest. A voluntary attender arrested at the station: time of arrest. Someone answering street bail (s.30A): time of arrival.
Out-of-area arrest – s.41(2)(a), (3): if wanted in another police area and not questioned where arrested, the earlier of arrival at the first station in the area where they are wanted, or 24 hours after arrest.
Hospital time – s.41(6): time in hospital or travelling to or from it does not count, except time spent being questioned.
Indictable offence – includes either way offences.
Magistrates’ court – s.45(1): two or more justices sitting otherwise than in open court.

Safeguards

Before a s.42 decision, the person and any available solicitor must have the chance to make representations (s.42(6)). Code C 15.3 adds the appropriate adult.
The superintendent must tell the person the grounds and record them in the custody record (s.42(5)). They must also deal with any unexercised ss.56 and 58 rights (s.42(9)).
For a warrant, the person must have a copy of the information and be brought before the court. They may be legally represented (s.43(2)–(3)).
Code C 15.2A: keeping a juvenile or vulnerable person beyond 24 hours needs regard to their vulnerability, the appropriate adult’s views and alternatives to custody.

Good to know

Live links are allowed for s.42 authorisations (s.45ZA) and warrant hearings (s.45ZB) subject to legal advice and consent conditions.
After release at a time limit, re-arrest without warrant for the same offence needs new evidence or analysis that could not reasonably have been done before release (s.41(9), s.42(11), s.43(19)).
Apply to the court between 10am and 9pm if possible (Code C Note 15D). A late application must be dismissed if it could reasonably have been made within 36 hours (s.43(7)).
Terrorism Act 2000 arrests have a separate regime.

Legislation: Police and Criminal Evidence Act 1984, ss.41–44 (opens legislation.gov.uk in a new tab)
Who can use it: A superintendent or above (to 36 hours); a magistrates' court on a constable's application (to 96 hours)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Limits on detention without charge: questions people ask

When can the police use limits on detention without charge?

1. No one may be kept in police detention for more than 24 hours from the relevant time without being charged, unless ss.42–44 apply 2. A superintendent or above, responsible for the station, may authorise detention up to 36 hours from the relevant time 3. The superintendent must have reasonable grounds for believing detention without charge is necessary to secure or preserve evidence, or to obtain it by questioning; the offence is indictable; and the investigation is being conducted diligently and expeditiously 4. The authorisation cannot be given more than 24 hours after the relevant time, or before the second s.40 review 5. A magistrates' court may issue a warrant of further detention, on a constable's application on oath supported by an information, if satisfied there are reasonable grounds for believing the same three conditions are met 6. The application must be made before 36 hours from the relevant time, or within the next 6 hours if no court is sitting at the 36-hour point 7. A warrant lasts no longer than 36 hours 8. The court may extend the warrant, by up to 36 hours each time, but detention cannot run beyond 96 hours from the relevant time

Who can use limits on detention without charge?

A superintendent or above (to 36 hours); a magistrates' court on a constable's application (to 96 hours)

What law gives the power for limits on detention without charge?

Police and Criminal Evidence Act 1984, ss.41–44.

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