What Is a Custody Record? — UK Criminal Defence Glossary

A custody record is the official document maintained by the custody officer recording every significant event during a person's detention at a police station. In England and Wales, PACE Code C requires that the custody record includes the grounds for detention, the detainee's rights, reviews of detention, and all interactions with the detained person.

Detailed explanation

The custody record is the police's own contemporaneous record of a person's time in detention. It begins when the custody officer authorises detention and ends when the person is released, charged, or transferred. Every significant event is logged: the reason for arrest, the grounds for detention, the reading of rights, requests for legal advice, reviews of detention, meals, medical attention, visits, and interviews.

PACE Code C, paragraph 2, sets out the requirements for custody records in detail. The custody officer is personally responsible for the accuracy and completeness of the record. In most police forces, custody records are now maintained electronically through custody management systems, though the legal requirements remain the same regardless of format.

The custody record is a disclosure document. The defence is entitled to a copy, and it is routinely served as part of initial disclosure in criminal proceedings. Discrepancies between the custody record and the prosecution case — such as incorrect interview times, missing solicitor requests, or unrecorded events — can form the basis of defence arguments, abuse of process applications, or exclusion of evidence under section 78 of PACE.

When practitioners encounter the custody record

Defence solicitors and representatives encounter the custody record at two stages. First, during the police station attendance itself, when the representative should check the custody record to confirm the grounds for detention, the offence(s) disclosed, the client's rights, and the timing of events. Second, after charge or NFA, when the custody record forms part of the case papers and may be reviewed for inconsistencies or breaches of PACE.

Experienced practitioners make a habit of noting key custody record entries — particularly the time of arrest, time rights were given, time legal advice was requested, and any delays — because these details may become relevant if the case proceeds to court.

How the custody record relates to attendance notes

The custody record and the attendance note are complementary documents. The custody record is the police's record; the attendance note is the defence's record. Where times, events, or interactions appear in both documents, they should be consistent. Discrepancies may indicate errors in either record.

A well-structured attendance note will reference the custody record number, note the key times from the custody record (arrest time, rights given, solicitor requested, reviews), and flag any concerns about the accuracy of the custody record. This cross-referencing is valuable for case preparation and for responding to any later challenge about what happened during detention.

Key entries in a custody record

• Grounds for arrest and detention
• Time of arrival at the custody suite
• Reading of rights and entitlements
• Request for legal advice and time solicitor contacted
• Time solicitor or representative arrived
• Detention reviews (first at 6 hours, then every 9 hours)
• Interview start and end times
• Meals, rest periods, and medical attention
• Charge, bail, release, or NFA decision
• Property record and search details

Related terms

• PACE interview — the formal interview recorded in the custody record
• Attendance note — the defence's own record of the attendance
• Voluntary attendance — attending without arrest (no custody record created)
• Disclosure in police interview — information shared before the interview stage

Frequently asked questions

Can a solicitor get a copy of the custody record during the attendance?

PACE Code C provides that the detained person or their solicitor is entitled to consult the custody record as soon as practicable. In practice, most custody suites will allow the solicitor to view the record on screen or provide a printout. After the attendance, a copy can be requested in writing. Defence solicitors should note key entries during the attendance rather than relying solely on obtaining a copy later, as delays in disclosure are common.

What happens if the custody record contains errors?

Errors in the custody record can be significant. If the record shows an incorrect interview time, a missing solicitor request, or an inaccurate account of events, the defence can raise this at court. In serious cases, errors or omissions may support an application to exclude evidence under section 78 of PACE, or an abuse of process argument. The attendance note is the defence's primary tool for identifying and evidencing such discrepancies.

Is a custody record created for voluntary interviews?

No. A custody record is only created when a person is arrested and detained at a police station. For voluntary interviews under section 29 of PACE, the person is not in custody and no custody record is generated. This makes the defence attendance note even more important for voluntary attendances, as it may be the only contemporaneous defence record of what happened.

Further reading

• Police Station Attendance Notes (UK Guide)
• What Is a PACE Interview?
• What Is an Attendance Note?
• PACE Custody Note Requirements