Your rights when arrested at a police station

What happens when you are arrested

Being arrested is unsettling, even if you know you have done nothing wrong. The law in England and Wales gives you a clear set of protections from the moment an officer says the words, and knowing them in advance makes an enormous difference to how you handle the next few hours.

An officer must tell you that you are under arrest, explain the grounds for it, and explain why the arrest is necessary. You should not be left guessing. Once at the police station, a custody officer — usually a sergeant — decides whether there is enough reason to keep you there. That officer must also give you a written notice setting out your rights, and should go through them with you. The most important are the right to have someone informed of your arrest, the right to free legal advice, and the right to read the police Codes of Practice, which are the detailed rules officers must follow. If you are under 18 or considered vulnerable, an appropriate adult must be called.

Your right to free legal advice

This is the single most valuable right you have at the police station, and it costs you nothing. Legal advice is paid for by the state, available at any hour, and independent of the police. You can ask for it at any point, including partway through an interview.

• You can speak to a solicitor privately, in person or on the phone.
• The duty solicitor scheme operates 24 hours a day, so there is no "nobody available until Monday" excuse.
• You can request a particular solicitor, though waiting for one may take longer than using the duty solicitor.
• You can change your mind and ask for advice later, even if you initially declined.
• You are entitled to have your solicitor present during your interview.

Officers sometimes suggest that asking for a solicitor makes you look guilty or will slow things down. It does not, and it is not their decision to make. Decline only if you genuinely want to, and remember that declining is recorded. If you have already been interviewed without advice, say so to a solicitor afterwards — it can matter later.

The right to silence and what it really means

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."

That middle sentence is the catch. You have a genuine right to stay silent, but if you are later charged and rely on a defence in court that you could reasonably have mentioned during questioning, the court may draw an adverse inference — in effect, treating your silence as weakening your account. This does not apply if you stayed silent on the genuine advice of your solicitor, and a good solicitor will explain in interview that this is the reason for any no-comment answers.

What you should never do is lie or guess. A false or half-remembered answer will follow you. If you are unsure of a fact, say so plainly.

Your other rights while in custody

• Reviews of detention: an inspector must review your detention, first within six hours and then at least every nine hours.
• Time limits: you normally cannot be held for more than 24 hours without being charged, unless a senior officer or court lawfully extends it for serious offences.
• Basic welfare: adequate food, rest, washing facilities and a reasonable standard of physical comfort.
• Medical attention: you can ask to see a healthcare professional, including for existing conditions or medication.
• Interviews: these should be recorded, with breaks, and not conducted when you are unfit through tiredness or illness.
• Contact: letters and phone calls are usually allowed, though they can be restricted in some cases.

If you are unhappy with police conduct

Rough treatment, unlawful searches, refused access to a solicitor, or being denied food, rest or medical care are all grounds for complaint. Complaints can be made to the professional standards department of the relevant police force, or to the Independent Office for Police Conduct, which oversees the most serious cases. There is generally a 12-month time limit from the incident, though extensions are sometimes granted.

Make the complaint in writing, and include the date, times, location, officer names or shoulder numbers, and your custody record reference. Keep a copy. You do not have to wait until any criminal proceedings have finished, although a solicitor may advise timing. Depending on what happened, a complaint, a civil claim, and a claim under human rights legislation can run alongside each other.

Practical steps before and after release

Write down everything you can remember while it is fresh, including what was said and who was present. Ask for copies of the custody record and any bail paperwork, and note carefully the conditions of bail and any court date — missing either can have serious consequences.

Speak to a solicitor even after you are released, particularly if you are on bail, awaiting a charging decision, or considering a complaint. Early advice is far cheaper and easier than repairing damage later, and in many cases the initial conversation is free or covered by legal aid. Knowing your rights is not about being difficult; it is simply how the system is designed to work.