This information is general guidance only and should not be relied upon as legal advice. Every case is unique, and specific legal advice should be sought for your individual circumstances.

Introduction

Being arrested can be a frightening and confusing experience. Whether it's happened to you or to family members, knowing the right steps to take immediately after an arrest can make a significant difference to the outcome of your case. This guide outlines essential actions and important rights you need to understand when dealing with the criminal justice system.

1. Know Your Rights When Arrested

When a police officer makes an arrest, they must inform you:

• Why you've been arrested
• What crime they suspect you of committing
• Why an arrest is necessary

Your Right to Remain Silent: After being arrested, the police may question you, but you have the right to remain silent. Remember that anything you say could be used to charge you with a crime. However, it's important to note that what you don't mention when questioned could potentially harm your defence if you later rely on it in court.

Detention Periods: The police can hold you for up to 24 hours without charging you. This can be extended to 36 hours with approval from a senior officer, and up to 96 hours with a magistrate's authorisation. In exceptional cases under the Terrorism Act, detention can last up to 14 days.

2. Request Free Legal Advice Immediately

Upon arrival at the police station, the custody officer must inform you of your right to:

• Speak with a solicitor of your choice
• Receive free legal advice from the duty solicitor if you don't have your own
• Have your solicitor present during questioning

Never waive this right, even if you believe you've done nothing wrong. Proper legal representation is crucial during this vulnerable time, and it's your legal entitlement.

3. Be Cautious During Processing

When you arrive at the police station after being arrested, several procedures will take place:

• The custody officer will book you in
• Your personal belongings will be documented and stored
• You may be photographed, fingerprinted, and have DNA samples taken
• A risk assessment of your needs while in custody will be conducted

During this process, remain calm and avoid discussing your case with anyone except your solicitor.

4. Handle Police Interviews Carefully

The police interview is a critical stage where what you say (or don't say) matters significantly. Your solicitor will:

• Discuss your case privately before questioning begins
• Advise on which questions to answer and when to remain silent
• Ensure police follow the codes of practice
• Object to inappropriate questions

Remember that anything you say during this interview could potentially be used to charge you with a crime or impact your criminal record.

5. Understand Possible Outcomes

After being arrested, the police may:

• Release you without charge if there's insufficient evidence
• Release you under investigation while they continue gathering evidence
• Charge you and release you on bail with conditions
• Keep you held in custody until a court appearance

If you're vulnerable (under 18, have mental health difficulties, don't speak English fluently), you have additional rights, including having an appropriate adult such as a parent or social worker present.

What NOT To Do If You've Been Arrested

• Don't discuss your case with anyone at the police station except your solicitor
• Don't make hasty decisions about accepting cautions or guilty pleas
• Don't sign any statements without legal review
• Don't agree to interviews without legal representation
• Don't assume the case will simply "go away" without proper legal guidance

Conclusion

Being arrested is serious, but understanding these five immediate steps can help protect your rights and future. Remember that professional legal assistance is available 24/7, even if you're arrested outside normal business hours.

If you or family members need immediate assistance following an arrest, contact a qualified criminal defence solicitor who can provide emergency assistance at the police station and guide you through the entire process.

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