If Your Child Is Arrested During Freshers’ Week: A Parent’s ...

Introduction

Freshers’ Week brings new friends, heavy timetables, late nights, and a lot of change. Most students settle in without trouble, but a small number encounter the police. If your child is arrested or asked to attend a police station, it can be upsetting and confusing for the whole family.

This guide sets out clear steps for parents and carers in England and Wales. You’ll learn what happens at the police station, how legal representation works, what bail and outcomes look like, when (and whether) to contact the university, and how to support your child without taking over. It is general information and not legal advice; always speak to a qualified solicitor about the specific case. Processes in Scotland and Northern Ireland differ.

What You'll Learn

• What arrest, detention, and police interviews involve in England and Wales
• Your child’s key rights at the police station (including free legal advice)
• How to arrange a solicitor and what parents can and cannot do
• Bail types, conditions, common outcomes (NFA, caution, charge), and timeframes
• Whether to tell the university, and how student conduct rules may apply
• Sensible questions to ask, documents to gather, and how to support wellbeing
• Common Freshers’ Week scenarios and practical next steps

Core Concepts

Police Process and Your Child’s Rights

• Arrest and booking in

  • After arrest, your child will be taken to a custody suite. A custody sergeant decides if detention is necessary and records grounds for arrest.
  • Property is taken for safekeeping, and a custody record is created.

• Key rights under PACE 1984 and Codes of Practice

  • Free and independent legal advice: a duty solicitor can attend or advise by phone at no cost.
  • Someone informed: the police must notify a named person of the detention on request.
  • Access to the Codes of Practice, medical attention when needed, rest, food, and appropriate breaks.
  • Appropriate adult: required if your child is under 18, or if they are an adult but considered vulnerable (e.g., due to mental health or learning difficulty).
  • Interpreting/translation where needed.

• The interview and the caution

  • Police interviews are recorded. Before interview, the solicitor receives limited “disclosure” outlining the allegation.
  • Your child will be cautioned: “You do not have to say anything…” They should not discuss the facts of the case with anyone except their solicitor.
  • If you are not the appropriate adult, you may not be present in interview for an adult child.

• Time limits

  • Up to 24 hours in custody before charge for most offences (can extend to 36 hours by a superintendent, and up to 96 hours with magistrates’ approval for serious matters). Terrorism cases have different rules.

• Communication and privacy

  • Police may not speak to you without your child’s consent. Ask your child (in writing if possible) to authorise the officer in the case (OIC) and their solicitor to discuss key updates with you.

Solicitors: Duty, Private, and How Parents Can Help

• Duty solicitor vs own solicitor

  • Police station legal advice is free for everyone, regardless of income. Your child can use the duty solicitor or ask for a named firm.
  • After release, ongoing representation may be covered by legal aid (means and merits tests apply) or paid privately.

• How parents can assist

  • Encourage your child to ask for a solicitor before any interview. Do not pressure them to “just explain” without advice.
  • Help choose a firm with solid criminal defence experience in the relevant area (e.g., public order, drugs, sexual allegations).
  • Gather practical details: custody number, OIC name and station, alleged offence, interview date, bail conditions, return dates.
  • Avoid discussing the incident’s details over text or social media. Preserve potential evidence (screenshots, messages) without editing or deleting anything.

• After release

  • Review paperwork: bail sheets, property receipts, charge sheets or release forms (RUI—Released Under Investigation—or PR—Police Release/Postal Requisition anticipated).
  • Decide whether to stay with the same solicitor or instruct another firm. Continuity is helpful, but a change is possible if your child prefers.

Bail, Charges, and Possible Outcomes

• Pre-charge options

  • Released on pre-charge bail (often with conditions): e.g., no contact with a named person, not to attend certain places, residence, curfew, or to return on a specific date. Breach can lead to arrest.
  • Released Under Investigation (RUI): no bail conditions, but the investigation continues. Updates can take months.
  • No Further Action (NFA): case closed with no charge.

• Post-charge

  • Charge and bail to court: a court date is given (or sent by post via a Postal Requisition/Single Justice Procedure Notice for some offences).
  • Remand in custody: rare for low-level Freshers’ Week cases, more likely for serious matters.

• Out-of-court disposals

  • Community resolution, Penalty Notice for Disorder, simple caution or conditional caution.
  • A caution is an admission and can affect future DBS checks. Always get legal advice before accepting one.

• Typical offences seen around Freshers’ Week

  • Drunk and disorderly, public order, common assault/ABH, possession of cannabis, theft/shoplifting, criminal damage, and, less commonly, sexual assault allegations.

University Involvement and Confidentiality

• Should the university be told?

  • Not always. Check the student code of conduct. Some courses (e.g., medicine, teaching, social work) have stricter disclosure expectations and DBS requirements.
  • If an arrest affects attendance (e.g., bail excludes a building or contact with another student), discreet contact with Student Support, the course office, or accommodation services may be sensible.

• What the university can do

  • Internal discipline can apply to off‑campus incidents if they impact the university community.
  • Interim measures may include no-contact directives, timetable changes, or accommodation moves.

• Consent and adult status

  • Your child is an adult. The university will generally not share information with you without their consent.
  • Encourage your child to authorise limited updates to you or to a named supporter if appropriate.

• International students

  • Arrests and charges can have immigration implications. Specialist immigration advice may be needed.

Key Examples or Case Studies

Case Study 1: Drunk and Disorderly After a Night Out

• Situation: Your child is arrested after a rowdy night. They spend the night in custody to sober up.
• Steps taken: They request the duty solicitor, are interviewed, and released with a Penalty Notice for Disorder or NFA depending on conduct and evidence.
• Parent actions: Collect basic details, check for injuries or welfare needs, ensure they pay any penalty on time, and encourage moderation going forward. No automatic need to tell the university unless internal rules require it or studies are affected.

Case Study 2: Cannabis Found in Halls

• Situation: Security smells cannabis. Police attend and find a small amount.
• Steps taken: Your child has a solicitor at interview. Outcomes vary from community resolution or caution to charge if there are aggravating factors.
• Parent actions: Seek advice before accepting any caution. Discuss housing rules and the risk of eviction or internal sanctions. University conduct processes may apply even if the police outcome is minor.

Case Study 3: Sexual Assault Allegation After a Social Event

• Situation: A serious allegation is made. Your child is arrested, phones are seized, and they are bailed with strict no-contact and area restrictions.
• Steps taken: Specialist solicitor instructed. Disclosure is limited at this stage. Timescales can be long. University may impose interim measures to separate students.
• Parent actions: Respect bail and university restrictions. Do not contact the complainant or potential witnesses. Help with alternative accommodation if needed. Encourage counselling and ongoing legal advice. Do not discuss case details on social media.

Practical Applications

Immediate steps if your child is at the police station now

• Tell them to request a solicitor immediately and to wait for advice before any interview.
• Ask them to authorise the OIC and solicitor to speak with you if they wish.
• Note the custody number, station, and OIC name.
• If they take medication or have health needs, ensure the custody suite is told.

After release: build a clear picture

• Ask only basic, practical questions:
  • What were you arrested on suspicion of?
  • Did a solicitor attend?
  • Are there bail conditions? What are they?
  • Do you have a return date or court date?
  • Were any devices seized? Who is the OIC?
• Photograph or scan all paperwork. Store safely.

Arrange legal support

• If a duty solicitor acted at the station, consider staying with them for continuity, or research a specialist firm.
• Ask about legal aid eligibility. Students often qualify due to low income.

Evidence and communications

• Preserve messages, photos, and relevant social media posts. Take screenshots with timestamps. Do not edit or delete anything.
• Do not contact the complainant or witnesses. This can be seen as interference and may breach bail.
• Keep a simple log of dates, calls, and actions.

University contact

• Review the student code of conduct and course handbook.
• If there are bail conditions or court dates that affect attendance, your child can ask Student Support for adjustments or mitigation.
• Discuss confidentiality. The university will usually require your child’s consent to talk to you.

Wellbeing and practical care

• Check sleep, nutrition, and routine. Arrests can be distressing.
• Suggest counselling through the university, the GP, or local services. Early support helps if proceedings take months.
• If accommodation access is restricted, help find temporary options and inform the landlord or accommodation office as needed.

Plan for key dates

• Calendar all return dates, charge decisions, or court hearings.
• Book travel well in advance. Court attendance is mandatory.

What not to do

• Don’t panic or jump to conclusions.
• Don’t give detailed advice about what to say in interview—leave this to the solicitor.
• Don’t post about the case online or try to “set the record straight”.

Summary Checklist

• Ask if a solicitor has been requested; if not, arrange one now
• Get the basics: alleged offence, OIC, custody number, bail conditions, return dates
• Keep all paperwork and preserve evidence; no deletions or “tidying” messages
• Respect bail and any university restrictions; no contact with complainants or witnesses
• Decide whether to inform the university based on course rules and practical impact
• Support wellbeing: GP, counselling, and routine
• Track deadlines: police return dates, charge decisions, court hearings
• Seek legal advice before accepting any caution or out‑of‑court disposal
• Remember: many cases end without charge; stay calm and take it step by step

Quick Reference

Notes

• Jurisdiction: England and Wales. Scotland and Northern Ireland follow different rules.
• Immigration/student visa: get specialist advice if your child is an international student.
• Data protection: police may need your child’s consent to update you.