What Happens If You Are Arrested?

A police officer may arrest you without a warrant if they have reasonable grounds to suspect you are involved in an offence and arrest is necessary for one of the reasons set out in section 24 of PACE (for example, to allow the prompt and effective investigation of the offence, or to prevent you from causing injury or damage). You must be told that you are under arrest and the reason as soon as reasonably practicable.

You will be cautioned: “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 do not have to answer any questions. Ask for a solicitor immediately.

You will be taken to a police station and presented to the custody sergeant. The custody sergeant is responsible for your welfare and must inform you of your rights: the right to free legal advice, the right to have someone told of your arrest, and the right to read the PACE Codes of Practice. You will be searched and your property recorded. You may be photographed, fingerprinted, and have a DNA sample taken.

A custody record is opened. Everything that happens during your detention is recorded on the custody record. You are entitled to see it.

You can be held for up to 24 hours without charge for most offences. A senior officer can extend this to 36 hours for indictable offences. A magistrate can extend it to 96 hours on application. You must be charged or released before the relevant time limit expires. While in custody, you are entitled to rest, meals, toilet facilities, and access to your solicitor.

After you have taken legal advice, the police may conduct a recorded interview under caution. Your solicitor will be present during the interview and will advise you on whether to answer questions, make a prepared statement, or make no comment. The interview is recorded and the recording may be used in evidence. Do not agree to an interview before speaking to your solicitor.

After interview, the police will decide what to do. Options include: releasing you without charge and without conditions (no further action); releasing you on bail to return to the police station at a later date (released on bail or released under investigation); charging you with an offence and either releasing you on bail to attend court or keeping you in custody to appear before a magistrate the next day; or in some cases, issuing a caution or a penalty notice rather than charging you.

If you are charged, you will be given a charge sheet setting out the offence(s). The custody sergeant will decide whether to grant bail or remand you in custody. In most cases, bail is granted for less serious offences. The conditions of bail may include a requirement to reside at a specified address, to report to a police station regularly, or to have no contact with specified persons.

If you are charged, your first hearing will be at the magistrates’ court. For most offences, this takes place within a few days if you are remanded in custody, or within a few weeks if you are on bail. At the first hearing, you will be asked to enter a plea. David Roy advises before the first hearing so that you understand the charge, the likely process, and the options available to you before you enter any plea.