Have you been arrested by the police? Your rights

Have you been arrested? Are you sitting in a police cell wondering what happens next? The fear and uncertainty you’re feeling right now is completely normal. But here’s what matters: you have powerful legal rights designed to protect you. From the moment of arrest through police custody, questioning, and beyond, the law is on your side, but only if you know how to use it. This guide walks you through every stage of the arrest process, answering the questions racing through your mind. Contact specialist criminal defence custody solicitors to activate these.

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The moment of arrest: What happens and your rights

The second a police officer places you under arrest, a precise legal framework activates to protect you. What officers must do and what rights you hold from that first moment are detailed below.

What constitutes a lawful arrest

• Reasonable grounds required: Police must have reasonable suspicion you’ve committed, are committing, or are about to commit an offence. Hunches and stereotypes don’t qualify; they need objective facts.
• Necessity test: Even with reasonable grounds, officers must justify why arrest is necessary; preventing harm, protecting evidence, ensuring court attendance, or stopping witness interference.

Information the police must provide

• Explicit arrest notification: Officers must tell you clearly that you’re under arrest. Physical restraint alone doesn’t satisfy this legal requirement.
• Specific offence: You must be told the exact offence you’re suspected of committing. Vague statements like “you know what you’ve done” breach your rights.
• The caution:  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.

Your right to remain silent

• Say nothing: From arrest onwards, you have the absolute right to silence. This applies on the street, in the police car, and throughout police custody.
• No obligation to answer: You don’t have to explain yourself, provide alibis, or justify your movements. “No comment” is lawful and often wisest before consulting custody lawyers.
• Basic details exception: You must provide your name, address, and date of birth. Refusing constitutes obstruction.

Can you resist or refuse arrest?

• Physical resistance is illegal: Resisting arrest is a separate criminal offence carrying up to six months imprisonment. Even unlawful arrests don’t justify force.
• Verbal challenge allowed: Question the arrest, ask for the officer’s name and number, and state you believe the detention is unlawful. This creates a record without adding charges.

Arrival at the police station: Custody processing

Once you arrive at the police station, a formal booking process begins. The custody sergeant, not the arresting officers, takes control of your detention and must safeguard your rights throughout.

Booking procedures and your rights

• Custody record creation: The custody sergeant opens a custody record documenting every aspect of your detention. This record becomes crucial evidence if your treatment is later challenged.
• Photograph and fingerprints: Police can take your photo, fingerprints, and DNA samples. You cannot refuse these for indictable offences.
• Rights explained: The custody sergeant must inform you of three fundamental rights: free legal advice, having someone notified of your arrest, and access to the Codes of Practice.

The custody sergeant’s role

• Independent decision-maker: The custody sergeant is separate from the investigating officers. They decide whether detention is lawful and necessary.
• Ongoing reviews: The sergeant conducts regular reviews of your detention; first after six hours, then every nine hours. They must justify continued detention at each review.
• Welfare responsibility: The custody sergeant ensures you receive appropriate food, drink, rest periods, and medical attention. They’re accountable for your treatment in police custody.

Access to custody solicitors and free legal advice

• Automatic entitlement: You have an absolute right to free legal advice from custody solicitors regardless of your financial situation or the offence
• Duty solicitor or own lawyer: Request the duty solicitor (available 24/7 at no cost) or ask for your own custody lawyers if you have an existing relationship with a firm.
• Before any interview: Never agree to a police interview before speaking with custody solicitors. Officers may pressure you to proceed; refuse until you’ve received legal advice.

Medical examinations and police custody and mental health screening

• Healthcare professional assessment: A forensic medical examiner or nurse assesses your physical and mental health shortly after arrival, checking for injuries, medical conditions, and medication needs.
• Mental health vulnerabilities: The custody sergeant must identify if you have mental health conditions, learning disabilities, or other vulnerabilities requiring special provisions under police custody and mental health
• Appropriate adult requirement: If you have significant mental health issues or learning disabilities, an appropriate adult must be present during interviews and key procedures to support you.

Right to have someone informed

• One person notified: You can request that one friend or relative be told you’ve been arrested and which police station holds you. Police make the notification; you don’t speak directly with them.

Property and personal belongings

• Full inventory: All items in your possession are listed on the custody record. Officers seize items relevant to the investigation. Everything else should be returned.
• Return upon release: When released, you get back all non-evidential property. Items retained as evidence require a seizure notice.

During police detention: Your rights in the custody suite

Once you’re processed and held in the custody suite, specific rules govern how long police can detain you, how they must treat you, and what protections you have during questioning.

How long can police keep you in custody?

• 24-hour standard limit: Police can hold you for up to 24 hours without charge from the relevant time (usually arrival at the station). Beyond this, they must either charge you, release you, or seek an extension.
• 36-hour extension: For serious indictable offences, a superintendent can authorise detention up to 36 hours.
• 96-hour maximum: Beyond 36 hours, police must apply to magistrates for a warrant of further detention. The absolute maximum is 96 hours total.

Conditions of detention

• Cell standards: Cells must be clean, heated, lit, and ventilated. You’re entitled to a mattress, blanket, and functioning toilet facilities.
• Meals and rest: At least two meals per day must be offered at normal meal times. You must receive eight hours continuous rest in any 24-hour period.

Police interviews and the role of custody lawyers

• Solicitor presence mandatory: Never attend a police interview without custody lawyers Their role is to protect you from improper questioning, advise when to answer or remain silent, and ensure police follow correct procedures.
• Pre-interview consultation: Before questioning begins, custody solicitors meet with you privately to discuss the allegations, assess the evidence, and formulate an interview strategy.
• No comment” interviews: Remaining silent throughout is lawful. Custody solicitors explain the adverse inference risks and help you weigh whether silence or engagement better serves your case.
• Recording mandatory: All interviews must be audio-recorded or video-recorded following strict PACE Codes of Practice.

FAQs

• How long can police keep you in custody? 24 hours standard, extending to 36 hours with superintendent authorisation, and 96 hours maximum with magistrates’ approval for serious indictable offences.
• Can you visit someone in police custody UK? You cannot visit someone in police custody. The detained person can have one person notified of their arrest and receive visits from custody solicitors only.
• How long can you be remanded in custody for? 56 days for magistrates’ court cases and 182 days for Crown Court cases from first appearance to trial, with possible extensions for good cause.

Being arrested activates powerful legal protections, but only if you know and assert them. From silence rights to custody solicitors, every protection exists to safeguard your freedom. Knowledge is your strongest defence, use it.

Don’t face police questioning alone!

Qredible’s network of specialist criminal defence custody solicitors are available 24/7 to protect your rights, challenge unlawful procedures, and defend your future.

KEY TAKEAWAYS:

• From the moment of arrest, you have the right to remain silent and access free legal advice from custody solicitors regardless of your financial situation or the alleged offence.
• Police can hold you for 24 hours standard in police custody, extending to 96 hours maximum with authorisation, and must provide proper welfare including food, rest, and medical attention including police custody and mental health assessments.
• Never attend police interviews without custody lawyers present; they protect you from self-incrimination, navigate adverse inference rules, and ensure police follow correct procedures throughout your detention.