Being arrested can be one of the most frightening things to experience, whether it is yourself, your child or another loved one. We know how daunting a visit to the police station can be – regardless of whether it’s your first time or not.
It’s normal to worry about what will happen. But if you, or someone you know, is arrested or expects to be arrested, here is some guidance on what to do.
What To Do When Arrested
Step 1: Listen & Go Calmly
A police officer can arrest you anywhere if they have reasonable grounds to do so. This might be on the street, or they may come to your home or place of work.
Regardless, it’s important to listen. The police officers must identify themselves, explain that you’re being arrested, and tell you what crime you’re under arrest for. They may read out the police caution we all know from TV dramas (“You do not have to say anything, but it may harm your defence…”). In turn, they have the right to apply handcuffs or use reasonable force to prevent you from escaping or resisting.
Resisting police arrest can bring further charges so even if you know you aren’t guilty, it is best to go calmly.
Step 2: Know Your Rights
All sorts of things may be running through your head at this stage, but it is important to be aware of your rights when you get to the police station.
You are entitled to:
- Have a legal advisor or solicitor and talk to them in private
- Tell someone where you are
- Seek medical help if you feel unwell
- See the Code of Practice that the police must follow
- See a written notice of your rights such as breaks for the toilet or food
- Young adults under 18 and vulnerable people can have an appropriate adult with them for the interview to ensure they understand what is being asked
Step 3: Police Custody
When you’re taken to a police station, the custody officer will book you in, which involves taking your name, date of birth, other personal information, and details of the offence.
You’ll be searched and any possessions will be handed over. This includes any items that could be used for harm or escape. All of your possessions will be returned after release from custody.
You will then have your photo, fingerprints and DNA samples taken, and taken to a cell for detainment until your interview.
In most cases, the police can only detain you without charge for up to 24 hours. They can apply to hold you for up to 96 hours in the most extreme cases.
Step 3: Get Legal Advice
At the police station, you are entitled to legal advice and assistance. You could seek advice from a police station representative (who may not be a solicitor) for free legal advice, or you can ask the police to contact an experienced solicitor of your choice. The advisor or solicitor will sit in the police interview and assist you throughout, ensuring that the questions are relevant to the investigation and that you are treated fairly.
The police tend to want to move things on quickly so people under arrest can often be told that waiting for a solicitor can cause delays.
Our advice is to contact a solicitor and wait it out. If your solicitor can make it down to the station, it is most definitely worth the wait. In fact, despite saying a solicitor can cause delays, those under arrest can often end up waiting for hours in a cell for their interview regardless.
When you seek police station representation from an experienced solicitor, you can rest assured that they will:
- Speak to the police to understand the nature of the charges
- Obtain disclosure
- Prepare your defence or mitigation in advance of the interview
- Consult with you before the interview to discuss your options
- Make representations to the police about bail and any bail conditions due to being imposed
But I’m Not Guilty, Do I Really Need A Solicitor?
Regardless of whether you have committed the alleged offence, it is important to understand that seeking legal representation does not indicate guilt.
Having a solicitor with you means that you can be prepared and respond in the best way possible. Without a solicitor, there’s an increased risk of panic and falling victim to trick questions.
Step 4: Police Interview
Usually, the police will want to interview you to get your side of the story, although in some cases, they may not need to.
There are two types of police interview; a voluntary police interview by appointment, and an interview following an arrest. Both are likely to be under caution.
If you ask for legal representation, you’ll have a chance to meet with your solicitor in private before the interview begins. The contents of this meeting are confidential, and you’ll be advised on the best approach for the interview.
The interview will be attended by yourself, your legal advisor or solicitor (if you choose to have one present), and either one or two police officers. You cannot refuse the interview, but you do have the right to remain silent and answer “No comment” to any questions.
Step 5: Outcomes Of A Police Interview
There are more potential outcomes to a police interview than you may first think. Let us explain them below. Your solicitor will discuss these with you before the interview so you understand all possible outcomes.
- No further action – If you are released with no further action, you are free to leave the station and the investigation is closed.
- Released under investigation – If you are released under investigation, there are insufficient grounds to charge you but you remain a suspect. There will be further investigation into the alleged crime or crimes, and you will be contacted again in the future if they find additional evidence against you.
- Released on police bail – If you are released on police bail, you will be allowed to leave custody but only under strict conditions, along with the promise to later appear at the police station or court. Understand more about bail here.
- Out-of-court disposal – In some cases, if you admit the offence and the police decide it is appropriate, you could be given a caution. A caution is not a conviction but is recorded on your criminal record and can be considered in any future legal proceedings.
- Charged to attend court – You are charged for the crime or crimes you were arrested for. Upon being charged, you may be released until your court date, or you may be detained in custody. Summary-only offences will be tried in the Magistrates’ Court, and the police have a six-month limit to bring this to court. Other offences can be tried in either the Magistrates Court or the Crown Court. These are not subject to the same time limits. Regardless, you could face a prison sentence.
Conclusion
Being arrested is undoubtedly a stressful experience, regardless of the circumstances. The unfamiliar environment of the police station, coupled with the anxiety of facing legal repercussions, can make it difficult for anyone to navigate the situation calmly.
However, knowing your rights and understanding the process can alleviate stress and help you handle the situation better.
Whether you are the one arrested or it is someone you care about, it is crucial to remain composed and informed throughout the entire process.
Key Takeaways:
- Resisting arrest can lead to additional charges. It is in your best interest to remain calm and follow the police officer’s instructions.
- You have the right to legal representation, the right to inform someone of your arrest, and the right to remain silent during the police interview.
- Having a solicitor present during the police interview is crucial. They can provide guidance, ensure your rights are protected, and assist in building a strong defence if necessary.
- There are a variety of possible outcomes from police interviews, ranging from being released with no further action to being charged and required to attend court.
- Seeking legal advice is not an admission of guilt. Regardless of your innocence, having a solicitor ensures that you are treated fairly and that your rights are upheld.
Have You Been Arrested And Need A Solicitor?
Our criminal defence team is highly recommended, with hundreds of positive reviews. When you contact us for representation after you have been arrested, you’ll be in good hands.
So if you don’t want to risk legal aid and would prefer to have the full attention and expertise of respected, experienced criminal defence solicitors, please get in touch with our team.
Call us on 0161 969 3131 if it is urgent or fill in our confidential contact form and the team will be in touch.