Your Rights in Kent Police Custody
The Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice protect your fundamental rights at Kent police stations. Know your rights — they exist to protect you.
Ask for Robert Cashman, Tuckers Duty Solicitor — The DSCC have our details
The Police and Criminal Evidence Act 1984 (PACE) is the primary legislation governing police powers and the rights of suspects in England and Wales. It was enacted following the Royal Commission on Criminal Procedure (1981) to balance police powers with the rights of individuals[1].
PACE is supplemented by eight Codes of Practice (A-H), with Code C specifically governing the detention, treatment, and questioning of persons by police officers[2]. These Codes have statutory force — breaches can result in evidence being excluded under Section 78 of PACE.
Your Key Rights Under PACE
Right to Free Legal Advice
Under Section 58 of PACE 1984, you have an absolute right to consult a solicitor privately and for free at any time while in custody. This advice is independent and confidential.
PACE 1984, s.58
Right to Have Someone Informed
Under Section 56 of PACE 1984, you can have one person informed of your arrest and whereabouts. This is typically a family member or friend.
PACE 1984, s.56
Right to Consult PACE Codes
You have the right to consult the PACE Codes of Practice, which set out how police must treat you. The Custody Officer must inform you of this right.
PACE Code C, para 3.1
Right to Regular Reviews
Your detention must be reviewed by an Inspector after 6 hours and then every 9 hours to assess whether continued detention is necessary.
PACE 1984, s.40
Understanding Your Rights in Detail
The Right to Legal Advice (Section 58 PACE 1984)
This is your most important right. Under Section 58 of PACE 1984, you can request a solicitor at any time while in custody[3]. The advice is:
- Completely free — paid for by Legal Aid, not means-tested
- Private and confidential — consultations cannot be overheard
- Available 24 hours a day — including weekends and bank holidays
- Independent of the police — your solicitor works for you, not the police
Important: This right can only be delayed (not denied) in very limited circumstances under Annex B of Code C, and only for serious arrestable offences where a Superintendent authorises delay[4].
The Right to Silence
You have the common law right to remain silent and not answer police questions. However, the Criminal Justice and Public Order Act 1994 modified this right[5]:
- Section 34: Adverse inferences may be drawn if you fail to mention facts you later rely on in court that you could reasonably have been expected to mention when questioned
- Sections 36-37: Adverse inferences may be drawn from failure to account for objects, marks, or presence at a particular place
A solicitor will advise you on the implications of these provisions for your specific case. This is precisely why legal advice is so important.
Detention Time Limits (Sections 41-44 PACE 1984)
- 24 hours: Standard maximum detention without charge (Section 41)
- 36 hours: With Superintendent authorisation for indictable offences (Section 42)
- 96 hours: Maximum with magistrates' warrant for serious offences (Sections 43-44)
The "detention clock" starts from the "relevant time" — usually your arrival at the first police station (Section 41(2)).
Your Welfare Rights (PACE Code C, Section 8)
You are entitled to[6]:
- At least two light meals and one main meal in any 24-hour period
- Drinks at meal times and upon reasonable request
- A continuous period of at least 8 hours rest in any 24-hour period (usually at night)
- Access to toilet and washing facilities
- Medical attention if required
- Replacement clothing if yours is taken for forensic examination
Additional Protections for Vulnerable Persons
Appropriate Adults (PACE Code C, Annex E)
If you are under 18, or if you are a "vulnerable adult" (someone who may have difficulty understanding the significance of questions or their answers due to mental health issues, learning difficulties, or other conditions), you are entitled to an "Appropriate Adult"[7].
The Appropriate Adult's role is to:
- Advise the person being questioned
- Observe whether the interview is being conducted fairly
- Facilitate communication with the person being interviewed
The Appropriate Adult is in addition to, not instead of, your right to a solicitor.
Custody Rights FAQs
How long can Kent Police hold me without charge?
Under Section 41 of PACE 1984, the standard limit is 24 hours. A Superintendent can authorise extension to 36 hours under Section 42 for indictable offences. For serious arrestable offences, magistrates can grant warrants extending detention to a maximum of 96 hours under Sections 43-44.
Can I refuse to give my DNA in Kent?
Under Section 63 of PACE 1984, if you're arrested for a 'recordable offence' (most criminal offences), police can take DNA and fingerprints without your consent. For non-recordable offences, your written consent is required.
Do I have to answer police questions in Kent?
You have the common law right to remain silent. However, under Sections 34-37 of the Criminal Justice and Public Order Act 1994, a court may draw 'adverse inferences' from silence in certain circumstances. A solicitor will advise you on the implications for your specific case.
Can I have a solicitor present during interview?
Yes. Under PACE Code C, paragraph 6.8, you have an absolute right to have a solicitor present during any interview. This right cannot be denied except in very limited circumstances under Annex B.
[1] Police and Criminal Evidence Act 1984; Royal Commission on Criminal Procedure (Phillips Commission), Cmnd 8092 (1981)
[2] PACE Codes of Practice, Code C (Detention, Treatment and Questioning), 2019 Revision
[3] PACE 1984, Section 58; R v Samuel [1988] QB 615
[4] PACE Code C, Annex B — Delay in Notifying Arrest or Allowing Access to Legal Advice
[5] Criminal Justice and Public Order Act 1994, Sections 34-37; R v Argent [1997] 2 Cr App R 27
[6] PACE Code C, Section 8 — Conditions of Detention
[7] PACE Code C, paragraphs 1.4-1.7 and Annex E — Appropriate Adults
In Kent Police Custody?
Exercise your Section 58 right — request a solicitor NOW. It's FREE.
Ask for Robert Cashman, Tuckers Duty Solicitor — The DSCC have our details
Article v2.1 — Last reviewed: November 2025