Arrest by the Police: What Happens and Your Rights

Introduction

If the police suspect you of a criminal offence in England or Wales, you may be arrested and taken to a custody centre for questioning. This guide explains when arrest is allowed, what happens in custody, your rights (including free legal advice), how police interviews work, how long you can be held, and what might happen next.

What You'll Learn

• When police can arrest without a warrant and what the “necessity test” means (PACE 1984, Code G)
• The booking-in process at the custody desk and what goes on your custody record
• Your rights in custody: legal advice, medical care, someone informed of your arrest, interpreters, and the PACE Codes
• How voluntary interviews work and how they differ from arrest
• How the interview under caution is conducted, police disclosure, and the effect of silence
• Time limits on detention and when they can be extended
• Possible outcomes after interview: charge, pre-charge bail, release under investigation, no further action, or remand
• What happens on release, including fingerprints, DNA and photographs

Core Concepts

Arrest and the Necessity Test

Arrest powers

• Police can arrest without a warrant if they have reasonable grounds to suspect you are involved in an offence and arrest is necessary. This comes from section 24 of the Police and Criminal Evidence Act 1984 (PACE) and Code G.
• The officer must tell you that you are under arrest, the grounds for your arrest, why arrest is considered necessary, and give you the caution.

The caution

• You will usually hear: “You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Necessity reasons (examples)

• To confirm your name or address
• To prevent harm, loss or damage, or to protect a vulnerable person
• To prevent disappearance
• To allow a prompt and effective investigation, for example to secure and preserve evidence, carry out searches, or interview without risk of collusion

Voluntary interview

• If arrest is not necessary, police can invite you to attend a voluntary interview under caution by appointment. You are not under arrest and can leave, but you still have the right to free legal advice.

Booking In, Search and the Custody Record

Custody sergeant checks

• On arrival, a custody sergeant decides whether your detention is lawful and proportionate. They are responsible for your welfare while you are in custody.

Custody record

• A custody record is created with your details and a running log of events: time of arrest, arrival, reviews of detention, rights given, visits, property, and any medical issues. You (or your solicitor) can request a copy on release.

Search and property

• You will be searched. Items such as cash, jewellery, keys and mobile phones are stored; anything believed to be evidence may be seized. Drawstrings from clothing may be removed and replacement clothing provided.

Cells and facilities

• Cells are monitored by CCTV. There is an intercom to contact staff. You can request food, drink and toilet breaks. You will usually remove your shoes and leave them outside the cell.

Your Rights in Custody

Core rights (PACE Code C)

• Free and independent legal advice (PACE s.58). You can choose your own solicitor or ask for the duty solicitor. The Defence Solicitor Call Centre is contacted and you should receive a call from a legal adviser typically within about 45 minutes.
• To have someone informed of your arrest (PACE s.56). Custody staff make the call; speaking to them directly is at the sergeant’s discretion.
• To see the PACE Codes of Practice (ask for Code C in particular).
• Medical attention where needed, and to take prescribed medication as directed by healthcare professionals.
• An interpreter if you do not understand English well, and translations of key documents.
• If you are under 18 or considered vulnerable, an appropriate adult must be present for booking-in and interview.

Delays to rights

• In rare and specific circumstances, the police can delay your right to have someone informed or to consult a solicitor, but only with senior authority and recorded reasons. Ask your solicitor about any delay.

Legal Advice, Police Disclosure and the Interview

Disclosure to your solicitor

• Before interview, police give your solicitor a summary of the allegation and evidence. They do not have to disclose everything, but they must not mislead.

Private consultation

• You and your solicitor will have a confidential discussion. They will explain the law, the strength of the known evidence, and your options.

Your options in interview

• Answer questions
• Give a prepared written statement and then answer questions, or refuse to answer further questions
• Give a “no comment” interview

Silence and adverse inferences

• Remaining silent does not automatically mean guilt. However, under section 34 of the Criminal Justice and Public Order Act 1994, if you later rely in court on something you could reasonably have mentioned in interview, the court may draw an adverse inference. This is a tactical decision to take with your solicitor.

Recording and conduct

• Interviews are audio-recorded (PACE Code E). Your solicitor can be present to ensure the interview is conducted lawfully and to provide ongoing advice.

Time Limits, Biometrics and Outcomes

How long you can be held

• Up to 24 hours before charge (PACE s.41)
• Extendable to 36 hours by a superintendent (PACE s.42)
• Up to 96 hours with a magistrates’ warrant (PACE ss.43–44)
• Terrorism investigations have separate limits, up to 14 days
• These are maximum limits, not targets. You should be released as soon as the police have made a decision.

Biometrics and photographs

• The police can take your fingerprints, DNA (mouth swab) and a photograph without consent (PACE ss.61–63). Retention rules depend on the offence and the outcome.

Possible outcomes after interview

• Charge: you receive a charge sheet and are either bailed to court or kept in custody to appear at the next Magistrates’ Court.
• Pre-charge bail: you are released on bail while inquiries continue. Since 2022 reforms, the initial bail period is commonly up to three months, with possible extensions and conditions (for example, not to contact a person or attend a location).
• Release under investigation (RUI): released without bail while the investigation continues, usually without conditions.
• No further action (NFA): the investigation is closed.
• Remand in custody: used in more serious cases or where there is a significant risk of failing to attend court, further offending, or interference with witnesses.

Key Examples or Case Studies

Example 1: Voluntary interview for an incident months ago

• Context: Alleged low-level theft reported several months after the event.
• What happens: Police invite you for a voluntary interview under caution. You arrange a solicitor, agree a time, and attend. After interview, you are released pending a decision.
• Point to note: If there is no risk to evidence or public safety, a voluntary interview may be more appropriate than arrest. Your right to free legal advice still applies.

Example 2: Arrest after a domestic incident

• Context: Police attend a home following a report of assault. They arrest you to prevent further harm and to conduct a prompt interview.
• What happens: You are booked in, see a solicitor, and are interviewed. You are then bailed with conditions not to contact the complainant or attend the home address while the case is reviewed.
• Point to note: Bail conditions are enforceable. Breaching them can lead to re-arrest and further consequences.

Example 3: Limited disclosure and a “no comment” interview

• Context: Police disclose very little before interview because they say revealing more could compromise another line of inquiry.
• What happens: On legal advice, you give a prepared statement setting out your position and then answer “no comment” to further questions.
• Point to note: Where disclosure is thin and risks are unclear, silence can be a justified approach. Your solicitor will weigh up the risk of adverse inferences later against the lack of information now.

Practical Applications

If you are arrested

• Stay calm. Ask why you are being arrested and which offence is alleged.
• Say clearly: “I want free legal advice.” Do not answer substantive questions until you have spoken to a solicitor.
• Tell custody staff about any medical needs, medication, or welfare issues (for example, childcare).
• Use the intercom to request food, drink or toilet breaks. Keep track of times if you can.
• Do not discuss your case with anyone else in custody or over the intercom. Conversations may be overheard.

If you are invited to a voluntary interview

• Contact a solicitor before you confirm a date. The duty solicitor scheme also covers voluntary interviews.
• Ask your solicitor to request disclosure from the police in advance.
• Take ID and any relevant documents your solicitor suggests. You can leave at any time unless you are arrested.

Working with your solicitor

• Be frank in your private consultation so they can advise properly.
• Agree an interview plan: answer questions, read a prepared statement, or give a “no comment” interview.
• Ask your solicitor what could happen next (charge, bail, RUI) and how long decisions typically take in similar cases.

Time limits and reviews

• Detention must be reviewed at set intervals. Ask your solicitor about the timing of reviews and whether continued detention is justified.
• If detention is extended, ask for the reasons to be recorded on the custody record.

On release

• Check your property is returned (unless seized). Ask for a property receipt for anything seized.
• If you are charged, note your court date and any bail conditions. Do not breach conditions.
• If you are on police bail, note the return date and conditions. Keep your contact details up to date with the officer in the case.
• If you are released under investigation, you may hear little for some time. Your solicitor can make periodic enquiries.
• You can request a copy of your custody record after release.

For family or friends

• You can call the police station and ask custody staff to confirm whether someone is detained. You will not usually be put through to the detainee.
• You can pass on the details of a preferred solicitor. You can also bring medication or essential items to the front desk for custody staff to assess.

Concerns about lawfulness or treatment

• If you believe arrest was not necessary or you were treated unfairly, speak to your solicitor about possible remedies, including a complaint to the force’s Professional Standards Department and, where appropriate, a civil claim.

Summary Checklist

• Ask for free legal advice immediately and wait to speak to your solicitor.
• Confirm the reason for arrest and why it was considered necessary.
• Make sure your health and welfare needs are recorded and addressed.
• Decide an interview strategy with your solicitor based on disclosure.
• Remember detention time limits: 24 hours, then 36/96 hours with authorisation.
• Understand possible outcomes: charge, pre-charge bail, RUI, NFA, or remand.
• On release, note any bail conditions and court or return dates.
• Request a copy of your custody record and a receipt for seized property.

Quick Reference