Been Arrested

Your Rights When Arrested

When you are arrested, the police must tell you why you are being arrested and caution you. The caution says: "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." You should listen carefully and remember this.

You have several important rights when arrested. You have the right to free legal advice, either from the duty solicitor or your own solicitor. You have the right to have someone told about your arrest. You have the right to see the Police and Criminal Evidence Act codes of practice. You also have the right to medical attention if you need it.

The police must explain your rights to you when you arrive at the police station. You will be booked in by the custody officer, who is responsible for your welfare while you are in custody. The custody officer should ask about any medical conditions, medications, or mental health issues. Be honest about these, as they can affect how long you are held and how you are treated. If you are under 18 or considered a vulnerable adult, an appropriate adult must be present during any interview.

Should I Use the Duty Solicitor?

Yes, you should always get legal advice before answering police questions. The duty solicitor service is completely free, regardless of your income or the offence you have been arrested for. The duty solicitor is an independent, qualified criminal solicitor who is not connected to the police. They are there to protect your interests.

The duty solicitor will speak to you in private before any police interview. They will explain what is happening, advise you on whether to answer questions or give a "no comment" interview, and sit with you during the interview. Having a solicitor present can make a significant difference to the outcome of your case.

If you have your own solicitor, you can ask for them instead of the duty solicitor. However, there may be a delay while they travel to the police station. The duty solicitor is usually available more quickly. If your own solicitor is not a criminal specialist, it is often better to use the duty solicitor, as criminal law is a specialist area and police station work requires specific experience.

Never feel pressured to be interviewed without a solicitor. The police may suggest it will be quicker, but getting legal advice is your right and exercising it cannot be held against you.

What Happens at the Police Station?

When you arrive at the police station, the custody officer books you in and records your personal details. You may be searched and your belongings taken and stored. You will be placed in a cell while the police prepare for your interview and while you wait for your solicitor.

The police can hold you for up to 24 hours before they must charge you or release you. For serious offences, a senior officer can authorise detention for up to 36 hours. A magistrate can extend this to 96 hours for very serious offences, though this is rare.

During your time in custody, you will be offered meals and drinks at regular intervals. You should be allowed to use the toilet and have adequate rest periods. If you have medical needs, the custody officer should arrange for a healthcare professional to see you. If you feel unwell or are not being treated properly, tell your solicitor.

The police interview is the key part of your time at the station. Your solicitor will advise you on how to approach this. Sometimes the right strategy is to answer questions, and sometimes it is to give a no comment interview. This depends on the evidence the police have and the specific circumstances of your case. Trust your solicitor's advice on this.

What Happens Next?

After the police have completed their investigation at the station, there are several possible outcomes. You may be released without charge if the police decide there is not enough evidence. You may be released on bail while further investigations are carried out. You may be given a caution (for less serious offences where you admit the offence). You may be charged with an offence and released on bail to appear at court, or in some cases kept in custody to appear at court the next day.

If you are charged, your first court appearance will usually be at a magistrates' court within a few days. Less serious offences (summary offences) are dealt with entirely in the magistrates' court. More serious offences (indictable offences) are sent to the Crown Court. Either way offences can be dealt with in either court depending on the circumstances.

Being released under investigation means the police are still looking into the matter but have released you without bail conditions. This can be a stressful period of uncertainty. If you have not heard anything after several months, your solicitor can contact the police to ask about the status of the investigation.

How Much Does a Criminal Solicitor Cost?

Legal advice at the police station is always free, regardless of your income. This is paid for by legal aid and you do not have to apply for it. It is provided automatically when you request a solicitor.

For court proceedings, you may be eligible for legal aid depending on your income and the seriousness of the offence. Legal aid for criminal cases is means-tested for magistrates' court cases, meaning it depends on your income and savings. For Crown Court cases, legal aid is not means-tested, but you may have to pay a contribution from your income.

If you do not qualify for legal aid, you will need to pay privately for a criminal solicitor. Magistrates' court cases typically cost between £1,000 and £5,000 in legal fees. Crown Court cases are significantly more expensive, ranging from £5,000 to £50,000 or more depending on the complexity and length of the trial. Many solicitors offer fixed fees for specific types of cases, so always ask for a clear quote before instructing anyone.

If you are acquitted (found not guilty), you can usually apply for your legal costs to be paid from central funds, though the amounts recoverable are capped at legal aid rates, which may not cover your full costs.