This guide is informational. Always verify how the rules apply to your specific case.
Brief Answer: The police arrest in urgent cases, the prosecutor detains pending court review, and the court remands. An arrest should quickly be followed by an interrogation and a prosecutor's decision. If the detention is upheld, the prosecutor must request remand without delay and no later than 12:00 on the third day after the detention decision. The remand hearing must never be held later than four days after the arrest or after a detention decision in the person's absence was executed.
The time limits are maximum boundaries, not normal waiting periods that authorities can freely use. Every deprivation of liberty should be lifted when the conditions no longer exist. The degree of suspicion alone is not always sufficient: the crime's penalty scale, risks in the individual case, and proportionality may also need to be assessed.
The guide applies to adults in a typical Swedish criminal investigation. Special and stricter rules apply to persons under 18 years and special procedures. The information is general, not individual advice. Also read the comprehensive guide for suspects, the guide on degrees of suspicion, and rights during police interrogation.
Arrested, Detained, and Remanded in a Table
| Status | Who Decides? | Purpose and Next Step | Central Time Rule |
|---|---|---|---|
| Arrested | Police in urgent cases. In certain situations, an individual can make a citizen's arrest and must then promptly hand the person over to the police. | Immediate deprivation of liberty pending interrogation and the prosecutor's decision. | Interrogation should be conducted as soon as possible. The prosecutor must then immediately decide on detention or lift the arrest. |
| Detained | Prosecutor. | The deprivation of liberty continues pending remand review or release. | Remand request without delay, no later than 12:00 on the third day after the detention decision. |
| Remanded | Court. | The deprivation of liberty continues during the preliminary investigation and sometimes during the trial. | Hearing without delay and never later than four days after the arrest or executed detention decision in absence. |
Each step requires its own decision. An arrested person is not automatically detained, and a detained person is not automatically remanded. The prosecutor and the court must assess whether the legal conditions are met at the relevant time.
Arrested – The Police's Urgent Decision
If there are grounds to detain someone, a police officer may, according to Chapter 24, Section 7 of the Code of Judicial Procedure, in an urgent case arrest the person without a detention decision already having been made. The arrest is thus a temporary solution until the prosecutor can assess the matter.
The arrested person should be interrogated by a competent interrogator as soon as possible. The deprivation of liberty should be promptly reported to the prosecutor if the prosecutor is not already aware of it. After the interrogation, the prosecutor must immediately decide whether the person should be detained. If the person is not detained, the prosecutor must immediately lift the arrest.
Is there a specific maximum time limit in hours for arrest?
The Code of Judicial Procedure does not specify a time limit such as "six hours" for the arrest itself. Instead, the law uses the expressions as soon as possible, promptly, and immediately for the steps leading up to the prosecutor's decision. The separate six-hour rule in Chapter 23, Section 9 applies to the obligation to remain for interrogation for those who are not detained or remanded; it should not be confused with a general maximum arrest time.
If it is already apparent before contacting the prosecutor that there are no grounds for continued deprivation of liberty, the Police Authority, and directly following the arrest, even the police officer who made the decision, can lift the arrest.
Citizen's Arrest is a Limited Exception Rule
Anyone caught in the act or fleeing after committing a crime that may result in imprisonment can be apprehended by any person. The same applies to someone who is wanted for a crime. The individual must be promptly handed over to the nearest police. This rule does not grant a general right to detain someone based on vague suspicion, interrogate the person, or use more force than legally permitted by the situation.
Detention – Prosecutor's Decision
The prosecutor may detain a person if there are grounds for remand pending the court's review. If full grounds for remand do not yet exist, detention may exceptionally occur on reasonable suspicion if it is of particular importance to take the person into custody pending further investigation.
The detention order must specify the crime the suspicion pertains to and the basis for the detention. The detained individual has the right to be informed of the circumstances underlying the decision. If the grounds cease to exist, the prosecutor must immediately revoke the detention.
Deadline for Remand Application
If the detention is not revoked, the prosecutor must submit a remand application without delay and no later than 12:00 on the third day after the detention order. If the detention order was made when the person was not present, the day is counted from when the order was executed. If the deadline is missed, the prosecutor must immediately revoke the detention.
The phrase “third day after” makes it important to record the date and time instead of simplifying the rule to “three days.” The ultimate time for the court hearing is also counted from the arrest, not just from the detention order.
Remand – Court's Decision
When the prosecutor has submitted a remand application, the district court must hold a remand hearing without delay. The hearing must never be held later than four days after the person was arrested or a detention order made in the person's absence was executed.
During the hearing, the prosecutor states the act, degree of suspicion, and the grounds for remand being invoked. The detained individual and the defense must be given the opportunity to express themselves. Once the hearing is concluded, the court must immediately decide on the remand issue. If the person is not remanded, the court must immediately revoke the detention.
If the court remands the person, the decision must specify the crime the suspicion pertains to and the basis for the remand. If charges have not already been filed, the court must also set a deadline for filing charges that must not be longer than absolutely necessary.
Timeline from Arrest to Remand Decision
- The arrest is executed. The exact time is crucial for the four-day deadline.
- An interrogation is held as soon as possible. The person must be informed of the crime and the basis for the deprivation of liberty.
- The prosecutor decides immediately after the interrogation. Either the person is detained, or the arrest is revoked.
- The detention is continuously reviewed. If the grounds disappear, the decision must be revoked immediately.
- A remand application is submitted. Without delay, no later than 12:00 on the third day after the detention order.
- The court holds a hearing. Without delay and no later than four days after the arrest.
- The court decides immediately. The person is either remanded or released.
What Happens After a Remand Decision?
The court usually sets a deadline for filing charges, and the issue of continued remand can be reconsidered. Read the separate guide on remand application, deadline for charges, and new remand hearings as well as the in-depth article on grounds for remand, restrictions, and time in custody.
When Can Someone Be Remanded?
The main rule requires a sufficiently strong suspicion, the appropriate penalty scale, at least one specific ground for remand, and a proportionality assessment. The three common grounds are the risk that the person will abscond, obstruct the investigation, or continue their criminal activity.
There are presumption and exception rules, and less intrusive measures may sometimes be sufficient. For the criteria, exceptions, and individual risk assessment, read grounds for remand, restrictions, and time in custody.
Rights Upon Arrest, Detention, and Remand
When someone is arrested or detained, the person must be informed according to Chapter 24, Section 9 of the Code of Judicial Procedure about the crime the suspicion pertains to and the basis for the deprivation of liberty. Anyone detained or remanded must, according to Section 12 a of the Preliminary Investigation Ordinance, without delay receive written information in a language the person understands.
| Right | Practical Implication |
|---|---|
| Defense Counsel | A detained person has the right to a defense counsel. A person who is arrested or remanded in custody shall be provided with a public defender upon request. The court makes the appointment decision. |
| Waiving Defense Counsel | The suspect must be informed of the consequences of waiving this right. The waiver must be voluntary and unequivocal and can be revoked. |
| Private Meeting | The detained person has the right to meet with their defense counsel. When the suspect has the right to meet with the defense counsel, the meeting should take place in private. |
| Information on Grounds | The arrested or remanded person has the right to be informed of the circumstances underlying the decision. |
| Right to Silence | The suspect is not required to comment on the suspicion or participate in the investigation of their own guilt. |
| Interpreter and Translation | If necessary, an interpreter shall be engaged and essential documents translated so that the person can exercise their rights. |
| Relatives | A relative should, as a rule, be notified as soon as possible. Notification can be postponed if necessary to avoid significantly hindering the investigation. |
| Healthcare | The arrested or remanded person shall be informed of their right to healthcare according to the Detention Act. |
| Judicial Review | The arrest must be reviewed within the time limits, and continued detention can be reconsidered. |
The right to remain silent is not an absolute recommendation to always be silent. What is appropriate in a particular interrogation depends on the case and should, when possible, be discussed with the defense counsel. Read more in the guide on police interrogation as a suspect.
Detained with Restrictions
Restrictions are specific limitations on the detainee's contact with the outside world. They are not automatic, require a risk of collusion, and must be assessed separately from the detention itself. For categories, proportionality, relief, and reconsideration, read the in-depth article on detention restrictions.
Checklist for Decisions and Deadlines
- Exact date and time of the arrest.
- Exact date and time of the arrest decision.
- The act, classification, and degree of suspicion the decisions pertain to.
- The grounds for detention invoked.
- When the interrogation according to Chapter 24, Section 8 was held.
- When the request for defense counsel was made and when it was sent to the court.
- If written rights information was provided in an understandable language.
- If and when relatives were notified, or the reason for postponement.
- Latest time for the detention application.
- Absolute latest time for the detention hearing.
- The prosecution deadline set by the court.
- Date for the next detention or reconsideration hearing.
- Which restrictions apply and the court order they are based on.
Frequently Asked Questions
How long can the police hold someone in custody?
There is no deadline expressed as a specific number of hours for the arrest stage. The arrested person should be interrogated as soon as possible, the deprivation of liberty should be promptly reported to the prosecutor, and the prosecutor should immediately decide on detention after the interrogation. An unjustified delay is not allowed just because the four-day deadline for a court hearing has not yet expired.
Is a person detained for a maximum of three days?
This is a simplification that can be misleading. The legal rule is that the detention application must be made without delay and no later than 12 noon on the third day after the arrest decision. The detention hearing must never be held later than four days after the arrest. Exact dates and times are needed for accurate calculation.
Must the prosecutor wait until the third day?
No. The application must be made without delay. 12 noon on the third day is the ultimate deadline, not a permissible standard waiting time.
Can a person be detained or remanded on reasonable suspicion?
Yes, in exceptional cases. It requires that the other conditions are met and that detention is of particular importance pending further investigation. In investigative detention, a new hearing must be held within a week, and probable cause must then be established for continued detention.
Can a detention decision be appealed?
Yes. A decision on detention can be appealed to the Court of Appeal. The detained person can also request that the detention issue be reconsidered. An appeal does not automatically mean that the decision ceases to apply during the proceedings.
Is the detention hearing public?
The default is a public hearing, but all or parts are often held behind closed doors due to preliminary investigation confidentiality. The court makes the decision on the matter.
Can someone be detained after charges have been filed?
Yes. Detention can continue during the trial if the conditions persist. The nine-month limit in Chapter 24, Section 4 a of the Code of Judicial Procedure refers to continuous detention until charges are filed, not an absolute end time for all detention.
What happens if a deadline is missed?
If a request for detention is not made in time, the prosecutor must immediately revoke the arrest. The court must revoke detention if charges or a request for extension are not submitted within the stipulated time. A defense attorney should verify the exact timeline and what legal remedies or compensation issues may arise.
Sources and further reading
- Code of Judicial Procedure (1942:740), particularly Chapter 21, Sections 3 a and 9, and Chapter 24.
- Preliminary Investigation Ordinance (1947:948), particularly Sections 12 and 12 a
- Swedish Prosecution Authority: Arrest and Detention
- Swedish Prosecution Authority: Rights of Suspects
- Swedish Police Authority: From Report to Verdict
- Swedish Courts: Detention Hearing
Last reviewed against current legislative text and official authority sources: July 29, 2026. The article is general information and does not replace individual advice from a defense attorney in an ongoing detention.
