How long can the police hold you without a phone call?

A person's right to communicate with others, including making a phone call, is a fundamental right while in police custody in England and Wales. However, this right is not absolute and can be delayed in certain, limited circumstances. The law governing this is set out in the Police and Criminal Evidence Act 1984 (PACE).

Do you have a legal right to a phone call?

Upon being taken to a police station, an arrested person is entitled to have one person informed of their detention and whereabouts as soon as practicable. The person can request this to be a friend, relative, or another person known to them who is likely to take an interest in their welfare. Additionally, the police must allow for one telephone call of a reasonable length.

This is distinct from your right to free legal advice, which you are entitled to at any time.

Can the police ever delay a phone call?

Yes, the right to inform someone of your arrest can be delayed, but only under specific, justifiable conditions and with the authorisation of a senior officer, specifically an inspector or above. This applies only in cases of "indictable offences" (more serious crimes) and where the police have reasonable grounds to believe that making the call would:

• Interfere with evidence or cause physical harm to others.
• Alert other suspects who have not yet been arrested.
• Hinder the recovery of property obtained as a result of the offence.

If a delay is authorised, the police must record the reason in the person's custody record, and they must inform the detained person of the reason for the delay as soon as practicable. The maximum period for this delay is 36 hours from the time of arrival at the police station.

For terrorism-related offences, the rules on delaying access to a phone call and a solicitor are different and allow for a longer delay.

What are the key differences between phone call rights and legal advice?

It's important to distinguish between your right to a phone call and your right to legal advice, which is a separate and more robust protection.

• Legal advice: You have a right to free legal advice, which cannot be delayed beyond 36 hours for most serious offences. For non-serious offences, it cannot be delayed at all. The police cannot interview you until you have received legal advice unless there is an urgent and pressing need, and a senior officer has authorised it.
• Phone call: The right to a phone call, while important, can be delayed if an Inspector authorises it for the reasons set out above. The police may also make the call for you on your behalf rather than allow you to use your own phone.

The importance of legal representation

Understanding your rights while in police custody is crucial. If your right to a phone call or access to legal advice has been delayed, it is vital to have expert legal representation. An experienced criminal defence solicitor can ensure your rights have been respected and challenge any unlawfully obtained evidence.

At JD Spicer Zeb, our solicitors are highly experienced in handling cases involving police custody. We offer 24/7 assistance to ensure you have access to expert advice as soon as you need it. If you or someone you know has been arrested and requires legal advice, contact us for a confidential consultation.

Contact our criminal defence solicitors now

If you have been accused of a criminal offence, are due to attend the police station for interview, or require any urgent specialist advice or immediate representation, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office:  0121 614 3333
• City of London: 0207 624 7771, our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk