Sophie RobinsonCounter-terrorism detectives were given more time this week to question Joshua Kerry, the 28-year-old from Rotherham held over the death of former Conservative minister Ann Widdecombe. Widdecombe, 78, was found dead with serious injuries at her Dartmoor home on 9 July 2026. Kerry was first arrested on suspicion of murder on 11 July, then re-arrested on 13 July on suspicion of the commission, preparation or instigation of acts of terrorism after police said new evidence pointed to a terrorist motivation. He has not been charged. Because the case is now led by Counter-Terrorism Policing, officers can hold him far longer than a standard criminal suspect — a detail that has left many readers asking a simple question: how long can UK police keep someone locked up before they charge them?
The answer depends entirely on which set of laws applies, and the gap between the two is enormous.
The ordinary rule: 24 hours, sometimes 96
For a routine arrest, the Police and Criminal Evidence Act 1984 (PACE) sets the clock at 24 hours from the moment you arrive at the station. A senior officer can extend that to 36 hours for an indictable offence. Beyond that, the police must go to a magistrates' court, which can authorise detention up to a maximum of 96 hours — four days. After that, you must be charged or released, though release is often on bail while enquiries continue.
Those limits exist to stop indefinite questioning. Every extension has to be justified to a court, and the detained person is entitled to be represented when the application is heard.
The terrorism rule: up to 14 days
The murder investigation into Widdecombe's death started under ordinary law. Once the case was reclassified as terrorism, a completely different regime took over. Under section 41 of the Terrorism Act 2000, police can hold a suspect for an initial 48 hours. They can then apply for a "warrant of further detention," and a judicial authority can extend the period in stages up to a maximum of 14 days.
That 14-day ceiling is itself the product of a long political fight. According to the House of Commons Library, the maximum was pushed to 28 days under the Terrorism Act 2006, before a Counter-Terrorism Review reverted it to 14 days in January 2011, where it has stayed. Applications to hold a suspect beyond 14 days would require fresh emergency legislation — a threshold that has not been crossed in years.
The detail of who authorises what matters. Extensions are not rubber-stamped by the police themselves. A judge reviews each application, the Crown Prosecution Service is involved in the decision to seek longer detention, and the suspect can be legally represented at those hearings. The framework sits in Schedule 8 of the Terrorism Act 2000, published in full on the official UK legislation website at legislation.gov.uk.
Being held is not the same as being guilty
It is worth stressing what a long detention does and does not mean. Kerry has not been charged with any offence, and reporting that he is held under terrorism powers is not a finding that he committed a terrorist act. Pre-charge detention is an investigative tool: it gives officers time to examine devices, forensics and communications before a decision on charges is made. Under British law the presumption of innocence remains until a court says otherwise.
That distinction is easy to lose in a fast-moving news story, and it is exactly the point where people's rights are most at risk of being overlooked.
What your rights are in custody
Whether you are held under PACE or the Terrorism Act, a core set of protections applies from the moment you are detained:
- The right to free legal advice. Anyone questioned by police can ask for a solicitor at any time, and it costs nothing at the station. In terrorism cases access can be delayed in narrow, court-supervised circumstances, but the right itself is not removed.
- The right to have someone told where you are. You can have a friend or relative informed of your arrest.
- The right to silence. You do not have to answer questions, though a court may in some situations draw inferences from that silence.
- The right to see the custody record and to be told why you are being held.
These rights apply to witnesses and innocent bystanders too, not just suspects. People are frequently detained, questioned and released without charge — and knowing the rules is the difference between a manageable ordeal and a lasting mistake.
Where an expert makes the difference
Custody law is one of those areas where a few hours of professional advice can change an outcome. A criminal defence solicitor understands when an extension application can be challenged, what the police can and cannot ask, and how to protect a client who may be vulnerable or, as in many cases, simply frightened and confused. Families on the outside also have questions: what they can be told, whether they can visit, and how to instruct a lawyer on a detained relative's behalf.
If you or someone close to you is caught up in a police investigation — as a suspect, a witness or a worried family member — you do not have to navigate it alone. A qualified legal expert can explain the specific powers being used, confirm your rights are being respected, and step in quickly if they are not. On Expert Zoom you can connect with legal professionals who handle exactly these situations and get clear answers before the next deadline in custody arrives.
The Kerry case is still unfolding, and no conclusions can be drawn while the investigation continues. But it is a sharp reminder that the length of time the state can hold you swings dramatically depending on the law invoked — and that understanding those rules is not just for lawyers, but for anyone who might one day find themselves, or a loved one, on the wrong side of a cell door.
This article is for general information only and does not constitute legal advice. If you are affected by a police investigation, seek advice from a qualified solicitor about your specific circumstances.
