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.
Scotland Law
Choose your region
How Scotland differs from UK national law
Scottish custody rights differ from England & Wales:
- Under the Criminal Justice (Scotland) Act 2016, you have the right to a solicitor before and during any police interview.
- Police can detain you for up to 12 hours (extendable to 24 hours with authorisation) for investigation — different from the 24-hour baseline in England.
- There is a stronger right to access to a solicitor following the landmark Cadder v HM Advocate [2010] ruling.
- The corroboration rule still applies in Scots law — generally, every key fact must be supported by evidence from two independent sources.
Additional Steps in Scotland
- Request a solicitor immediately — the Scottish Legal Aid Board provides Solicitor Contact Line services 24/7.
Relevant Law: Criminal Justice (Scotland) Act 2016, Part 1
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