Your Rights on Arrest

When you are arrested, the arresting officer must caution you: “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.”

This caution has important consequences. You are not obliged to answer questions. However, if you later rely on a defence or explanation that you did not mention when questioned, the court or jury may be invited to draw an adverse inference from your failure to mention it. This is why it is essential to take legal advice before answering any questions — a solicitor can advise you on what, if anything, to say before any interview takes place.

Right to be informed of the reason for arrest — An officer must tell you that you are under arrest and the ground for the arrest as soon as is reasonably practicable after the arrest.

Right to free legal advice — You have the right to consult a solicitor privately at any time. This advice is free under the Legal Aid scheme regardless of your income. You should always ask for a solicitor before answering any questions. The police cannot refuse you access to a solicitor except in exceptional circumstances (which rarely apply in practice).

Right to have someone informed — You have the right to have one person informed of your arrest, so that they know where you are. This right may be delayed in serious cases where there are grounds to believe that informing the person would interfere with evidence or alert others.

Right to read the Codes of Practice — You have the right to read the PACE Codes of Practice, which set out the rules that the police must follow during detention and interview.

Right to be informed of your rights — The custody sergeant must inform you of your rights and give you a written notice setting them out.

The police can hold you without charge for up to 24 hours in most cases. For serious offences, detention can be extended to 36 hours by a senior officer and then to 96 hours by a magistrate on application. For terrorism offences, detention can be extended up to 28 days by a court. You must be charged or released (either unconditionally or on bail) before the detention limit expires.

During detention you are entitled to at least eight hours rest in every 24 hours, meals at regular intervals, and access to toilet facilities. You must not be subject to oppressive conduct during interview.

Police interviews are conducted under caution and must be recorded. You are entitled to have your solicitor present during the interview. Before the interview begins, your solicitor will advise you on whether to answer questions, make a prepared statement, or make no comment. The decision depends on the specific allegations and what the police have told you about the evidence against you. Never attend a police interview without legal advice.