Rights in Police Custody
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
UK National Law
What is this right?
Once at the police station, a custody officer (a sergeant or above) is responsible for your welfare. You have the right to:
- Free legal advice from a solicitor — available 24/7 via the duty solicitor scheme
- Have someone informed that you've been arrested
- See the PACE Codes of Practice
- Medical attention if you need it
- Regular meals, access to a toilet, and 8 hours of uninterrupted rest in any 24 hours
The custody officer must explain these rights to you and give you a written notice.
When does it apply?
- Police can normally hold you for up to 24 hours before they must charge you or release you.
- A superintendent can extend this to 36 hours for indictable (serious) offences.
- A magistrates' court can extend detention to 96 hours (4 days) maximum.
- For terrorism offences, detention can be extended up to 14 days with court approval.
- Your right to legal advice can only be delayed in very limited circumstances (serious indictable offences, authorised by a superintendent) — and only for up to 36 hours.
What should you do?
- Ask for a solicitor immediately — do not wait. It's free and doesn't make you look guilty.
- Ask for someone to be informed of your arrest.
- Read the custody record — everything that happens to you should be recorded. You can request a copy later.
- If you feel unwell or need medication, tell the custody officer — they must arrange a doctor (Forensic Medical Examiner).
- You have the right to consult with your solicitor privately before and during any interview.
What should you NOT do?
- Don't waive your right to a solicitor because an officer suggests it'll speed things up — getting legal advice is always in your interest.
- Don't sign anything without reading it carefully and discussing it with your solicitor.
- Don't make informal comments to officers outside of formal interviews — these can be noted and used as evidence.
Northern Ireland Law
Choose your region
How Northern Ireland differs from UK national law
Custody rights in Northern Ireland are governed by PACE (NI) Order 1989:
- The rules are broadly similar to England & Wales but under separate legislation.
- You have the right to free legal advice — contact the duty solicitor through the Legal Services Agency NI.
- Detention time limits are the same: 24 hours (extendable to 36 or 96 hours for serious offences).
- For terrorism-related offences, detention under the Terrorism Act 2000 can be extended up to 14 days (with judicial approval).
Additional Steps in Northern Ireland
- Request a solicitor immediately — the Legal Services Agency NI administers the duty solicitor scheme.
Relevant Law: Police and Criminal Evidence (Northern Ireland) Order 1989
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