What Should Go in a Custody Note?
The fields a custody note needs: PACE requirements, what your firm expects, and the records the LAA wants to see.
Last updated: 29 October 2026
In short
A custody note (the police station attendance note) should record who you acted for and on what references, the timeline of the detention, what the police disclosed, your client's instructions, your advice and the reasons for it, what happened in interview, the outcome, and the time you spent. Each part serves a purpose: protecting the client, defending your advice later, and supporting the claim.
Why the content matters
The note does three jobs at once.
- It's the record of the case. Whoever runs the case at court relies on it for what the police disclosed and what the client said at the time.
- It's the record of your advice. If your client gave no comment on your advice and an inference is later argued at trial, the reasons for that advice may become important. You can only rely on a note that recorded them.
- It's the evidence for the claim. LAA file assessments check that the work claimed is supported by the file. Missing time entries or thin notes put the claim at risk.
The essential contents
References and instruction
Client identifier, firm UFN, DSCC reference, custody record number, police station, offence(s) as given, officer in the case, and the time of instruction and first contact.
Detention timeline
Time of arrest, arrival at the station and authorisation of detention, from the custody record. Code C 2.4 allows a solicitor to inspect it. Record any reviews of detention (Code C 15) and any representations you made.
Welfare and vulnerability
Medical issues, medication, fitness to be interviewed, and whether an appropriate adult or interpreter was needed. Code C 1.4 requires a person to be treated as vulnerable if there is any reason to suspect it, so record what prompted the question and what the custody officer decided.
Disclosure
What the officer told you, kept clearly separate from your client's account. Note what was given in writing, what was refused, and what you asked for. Code C 11.1A sets the minimum: enough information for the client to understand the nature of the offence and why they are suspected.
Consultation
The client's instructions, the advice you gave, the reasons for it, and the client's decision. Where it applies, note any discussion of the caution, possible inferences and special warnings, and any prepared statement (attach a copy or record its wording).
Interview
Start and finish times, who was present, the caution, the main topics and answers, any special warning given, interventions, and breaks.
Outcome and follow-up
The exact disposal: charge, bail with any conditions and the date, released under investigation, caution or no further action. Add property kept, next steps for the file, and any undertaking given to the client.
Time record
Travel, waiting, consultation, interview and attendance, each with start and finish times that match the narrative.
What not to put in a custody note
- Speculation presented as fact. If you are inferring something, say so.
- The police case mixed with the client's account. Keep them in separate sections.
- Vague shorthand. "Advised re interview" tells a later reader nothing.
- Copied text from a previous matter. Template wording that doesn't fit the attendance undermines the whole note.
Contemporaneous is best
Write the note during and immediately after the attendance, and record times as they happen. A note reconstructed days later is less reliable and harder to defend if it is challenged. If you need to add to the note later, date the addition and keep it separate from the original record.
Confidentiality
A custody note holds privileged and sensitive personal data. Store it in line with your firm's data protection and security policies. Don't leave paper notes in custody suites or cars, and don't keep client details on personal devices that aren't secured.
Related pages
This article is general information for criminal defence professionals in England and Wales. It isn't legal advice on any specific case. Get advice on your own circumstances.
Structured notes with Custody Note
Custody Note is desktop software for criminal defence work on Mac and Windows. Its attendance notes follow the same structure every time, work offline, record time for LAA claims and export to PDF. It's free during beta. Download Custody Note.
Note: General information for criminal defence practitioners in England and Wales. It isn't legal advice.