Custody: it’s not just “booking someone in”
If, like me, you’ve watched enough police dramas, this will already be familiar. Police have arrested someone, they’re marched into a police station, and booked in with a few brisk lines of dialogue, and “bang” they’re shut in a cell before the story moves on.
The reality is that custody is one of the most legally important, carefully controlled, and often misunderstood parts of policing in England and Wales. It’s not just an administrative stop on the way to interview. It is the point at which the police must justify detention, safeguard the individual, record everything properly, and make sure the investigation stays within the law.
Now obviously if you’re making a drama for film or TV, there isn’t time or even the need to show every little detail – who wants to watch that – but there are some key pitfalls to avoid if you don’t want to lose the viewer’s credibility. This is a long one, so buckle up!
The custody sergeant is not a rubber stamp
In custody, the sergeant is ruler of all they survey. They’re independent of the investigation, and their decisions can only be overruled by a very senior officer in exceptional circumstances – and it almost never happens (could make for some great drama to portray this by the way, and I’ve never seen it!)
Once an arrested person is stood in front of them, the custody sergeant makes the key decision on whether detention is authorised - it’s not automatic. And once authorised, then the custody sergeant is absolutely not there to simply agree with the arresting officer; they are there to protect the integrity of the process, safeguard the detainee, and ensure continuing detention is lawful and necessary.
I’ve seen too many custody scenes in dramas where the custody sergeant and the arresting officer are in cahoots about the investigation. That’s fine if your drama is portraying corruption and collusion, but otherwise it’s a clanger!
Booking in is a process, not a scene change
Once custody is authorised, the booking-in process begins properly. Details are captured of the detainee and recorded on a custody record (it’s all computers these days). This is the running account of everything that happens to the detainee, capturing the time of arrival, the reason for arrest, the grounds for detention, property taken, and what happens throughout the person’s time in custody.
The record can only be viewed by a few types of people – custody staff, solicitors, and special roles in custody like lay visitors and appropriate adults.
Really importantly, this is also the point at which the detainee is searched, their property is secured, and any immediate concerns are identified. Additional evidence could be found – weapons hidden about their person, or small items like drugs, cigarettes and lighters which can be hidden in all sorts of crevices (!) – which is when a strip search might be appropriate – and that’s a whole different scenario.
I don’t often see this detail portrayed in dramas but it’s a goldmine for showing how the detainee’s freedoms are infringed while under arrest.
“I know my rights!”
How many times have you seen a police drama where the suspect shouts about knowing their rights? The most common one seems to be them demanding a phone call. Well that’s the way it works in the USA, but it’s not actually that simple in UK custody.
Someone in police custody has three key rights and these are explained to them when they’re being booked in. It includes the right to have someone told they’ve been arrested (although this can sometimes be delayed) and to a free of charge solicitor (the “duty” solicitor).
That is one reason custody scenes in drama often feel rushed or unrealistic. In real life, rights are not optional extras. If a detainee asks for a solicitor, the process must respect that. Police can’t interview without a solicitor present, for example, if the detainee has requested one.
It is as much about welfare as evidence
Custody is not just about holding someone while the investigation continues. It is also about welfare. The custody officer has a duty to assess risk and make sure the detainee receives appropriate care, including medical attention where necessary. That includes considering physical injury, mental health, medication, self-harm risk, and general vulnerability.
That is why the process can appear slow from the outside, and why dramas can’t and shouldn’t show everything. In truth, it has to be slow enough to be safe and lawful. The police are balancing several things at once: the person’s welfare, the needs of the investigation, and the legal framework that governs detention.
But this is where key details could be missed. For example, to reduce risk, detainees aren’t allowed to retain anything that could be used to self harm – so shoes and laces are left outside the cell, jogging bottoms have the cord removed, and even whether to take things like spectacles/glasses have to be carefully considered based on each detainee’s situation and history.
Time limits matter
Another area where television often takes shortcuts is time. Custody is not open-ended. There are strict time limits and review points. The standard maximum period before charge or release is 24 hours, with limited extensions available in more serious cases.
That means investigations are literally against the clock - interviews, legal consultations, medical checks, detention reviews, and charging decisions all have to happen within that framework.
It’s a brilliant way to add tension to your scene, with the clock ticking down as cops search for that key piece of evidence.
Freedom!
Before the 24 hour clock is exhausted, the detainee has to be either charged with an offence, or released. Sometimes the clock can be extended but it happens pretty rarely. One mistake which is easy to make is to suggest that someone is “bailed out” of custody, or that some sort of financial surety has to be paid. This is a US trope, and doesn’t apply here in the UK.
People do get bailed – released and required to return to the police station at a stated date and time in the future – and certain conditions can be attached, including not going to certain places, not associating with named people or groups of people, curfews. They can even be required to surrender their passport if the police think they’re going to try and leave the country. Solicitors can and do challenge conditions - an opportunity for a dramatic confrontation which is often overlooked.
More often these days people are “Released Under Investigation”, or RUI’d to use the shorthand. This means the police are continuing to investigate the allegations for which they were arrested, but there’s no specified time to return to the police station. It’s open ended and can cause all sorts of stress for the detainee – another good source of tension and conflict for a scriptwriter, I think!
Why all this matters on screen
For writers and producers, custody is one of the easiest parts of policing to get wrong — but it is also one of the most useful if handled well. A custody suite is naturally dramatic because it brings together pressure, authority, vulnerability, and procedure in one place.
If you want a scene that feels authentic, don’t just write “booked in and put in a cell.” Show the decisions being made. Show the custody sergeant asking the right questions. Show the balance between welfare and evidence. That is where the realism is, and that is where the drama usually is too.
Final thought
Custody is not a side room, a formality, or a bit of plot plumbing. It is a formal legal process with real consequences for the detainee, the investigation, and the case as a whole. If you get custody right, the rest of the story feels far more believable.
Does your drama, script or book portray police custody? I’d love to help you get it right, while maintaining the drama – please do get in touch!
