The powers library31 of 59 Detention and custody

Right to have someone informed when arrested

s.56Police and Criminal Evidence Act 1984

A person arrested and held in custody can have one person told where they are, and an inspector can delay this only for an indictable offence on specific grounds, for no more than 36 hours.

Right to have someone informed when arrested · Police and Criminal Evidence Act 1984, s.56Card 31 / 59

When you can use it

s.56(1)The right – on request, one friend, relative or other person known to them or likely to take an interest in their welfare is told of the arrest and where they are held, as soon as practicable
s.56(2)(a)Delay only if the person is in police detention for an indictable offence (Code C Annex B 1 adds: not yet charged)
s.56(2)(b)Delay must be authorised by an officer of at least inspector rank
s.56(5)Reasonable grounds to believe telling the named person will lead to interference with or harm to evidence of an indictable offence, or interference with or physical injury to others
s.56(5)(b)–(c)Or will alert other suspects not yet arrested, or hinder recovery of property obtained by the offence
s.56(5A)Or the detainee has benefited from their criminal conduct and recovery of the value of that benefit will be hindered
s.56(3)The right must be allowed within 36 hours of the relevant time

What it allows

Gives the detainee the right to have one nominated person told, at public expense, that they have been arrested and where they are held (Code C 5.1).
Lets an inspector or above delay that notification while a s.56(5) or (5A) ground exists, up to the 36-hour limit.
If the first person cannot be reached, the detainee may choose up to two alternatives. Further attempts are then at the discretion of the person in charge of detention or the investigation (Code C 5.1).

Key definitions

Relevant time – s.41(2): usually the time of arrival at the first police station after arrest (other rules for voluntary attenders and out-of-area arrests).
Indictable offence – includes either way offences. Delay is never allowed for a summary-only offence.
Benefit – s.56(5B): decided under Part 2 of the Proceeds of Crime Act 2002.

Safeguards

The custody officer must tell the detainee of this right on arrival as a continuing right (Code C 3.1).
Authorisation may be oral, but must be confirmed in writing as soon as practicable (s.56(4)).
If delay is authorised, the detainee must be told the reason and it must be noted on the custody record, as soon as practicable (s.56(6)–(7); Code C Annex B 13).
Delay ends as soon as the reason no longer exists (s.56(9)). The detainee must then be asked if they want to use the right (Annex B 6). Any delay must be proportionate (Code C 5.7A).
Requests and action taken must be recorded (Code C 5.8).

Good to know

The right applies again each time the detainee is moved to another place (s.56(8); Code C 5.3).
Delaying access to a solicitor under s.58 needs a superintendent. Grounds for one delay do not automatically justify the other (Annex B 5).
Annex B never stops the appropriate adult being told, or a juvenile’s welfare person (Note B1), nor contact with a consulate (Note 7A).
s.56 does not apply to terrorism or national security detentions, which have separate rules (s.56(10)).
Writing materials and a phone call (Code C 5.6) are extra privileges, not the s.56 right.

Legislation: Police and Criminal Evidence Act 1984, s.56 (opens legislation.gov.uk in a new tab)
Who can use it: An inspector or above (to authorise delay)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Right to have someone informed when arrested: questions people ask

When can the police use right to have someone informed when arrested?

1. The right – on request, one friend, relative or other person known to them or likely to take an interest in their welfare is told of the arrest and where they are held, as soon as practicable 2. Delay only if the person is in police detention for an indictable offence (Code C Annex B 1 adds: not yet charged) 3. Delay must be authorised by an officer of at least inspector rank 4. Reasonable grounds to believe telling the named person will lead to interference with or harm to evidence of an indictable offence, or interference with or physical injury to others 5. Or will alert other suspects not yet arrested, or hinder recovery of property obtained by the offence 6. Or the detainee has benefited from their criminal conduct and recovery of the value of that benefit will be hindered 7. The right must be allowed within 36 hours of the relevant time

Who can use right to have someone informed when arrested?

An inspector or above (to authorise delay)

What law gives the power for right to have someone informed when arrested?

Police and Criminal Evidence Act 1984, s.56.

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