Quick answer: If you are arrested, you have the right to free and independent legal advice, the right to have someone told where you are, and the right to remain silent. Getting advice before any interview is widely regarded as one of the most important steps.
Being arrested is frightening, and the first hours can shape what follows. Many people have only a vague idea of how the process works, based on television rather than reality. This article explains the basics in plain English. It is general information, not legal advice, and anyone facing an investigation should speak to private criminal defence solicitors as early as possible.
What happens on arrest
Officers must tell you that you are under arrest and explain why. You will normally be cautioned, which means being told that you do not have to say anything, but that anything you do say may be given in evidence. You may then be taken to a police station, where a custody officer records the reason for your detention, checks your welfare, and explains your rights.
Your key rights in custody
- Free legal advice. You can ask for the duty solicitor, who is free, or ask for a solicitor of your choice.
- Having someone informed. You can ask for a friend or family member to be told that you are being held.
- Access to the codes of practice. The rules that govern police procedure can be consulted.
- An interpreter. If English is not your first language, you can ask for one.
- Medical attention. If you are unwell, injured, or taking medication, tell the custody officer and ask to see a healthcare professional.
- An appropriate adult. If you are under 18, or are a vulnerable adult, an appropriate adult should be present during questioning.
You do not have to give up these rights, and using them is not an admission of anything.
Why legal advice matters before the interview
Many people assume they should explain themselves straight away, particularly if they believe they have done nothing wrong. In practice, an interview under caution is a formal process that is usually recorded, and your answers can be used as evidence.
A solicitor can review what the police are prepared to disclose, explain the allegation, and help you understand your options. That might include answering questions, giving a prepared written statement, or declining to comment. In some circumstances a court may draw conclusions if you later rely on something in your defence that you did not mention when questioned, so the decision on how to respond is best made with advice, not on instinct.
How long can you be held?
In general, a person can be detained for up to 24 hours without being charged. For some serious offences, this can be extended with authorisation, up to longer limits set by law. Custody officers regularly review detention, and a solicitor can explain how the time limits apply to a particular case.
What happens after the interview
Once questioning is complete, there are several possible outcomes.
- No further action. The investigation may end without any charge.
- Charge. You may be charged and either kept in custody to appear before a court or released with a date to attend.
- Release on bail. You may be released under conditions while enquiries continue, with a date to return to the police station.
- Release under investigation. You may be released without bail conditions while the investigation continues, which can last some time.
- Out of court disposal. In some cases, less serious matters may be dealt with without a court hearing.
Whatever the outcome, it is important to follow any conditions, keep contact details up to date, and stay in touch with your solicitor.
Arrest is not the only route
Not every investigation begins with an arrest. Some people are invited to attend a voluntary interview, which can feel informal but is still serious, because it is an interview under caution and answers can be used as evidence. The same advice applies: speak to a solicitor first. Specialist solicitors defending criminal allegations in London can advise on the process whether you have been arrested or have been asked to attend voluntarily.
Common misunderstandings
- “Only guilty people need a solicitor.” Legal advice is a right, not a sign of guilt, and it helps ensure the process is fair.
- “If I explain, it will all go away.” An explanation given without preparation can sometimes cause misunderstandings or provide information that is later relied on.
- “A voluntary interview is not serious.” Voluntary interviews can lead to charges, so they should be taken seriously.
Practical steps for people under investigation
- Stay calm and be polite. Cooperation on practical matters does not require you to answer every question.
- Ask for legal advice before answering questions.
- Do not destroy or alter documents, messages, or devices. Doing so can create separate and more serious problems.
- Keep a note of times, names, and what was said. This helps your solicitor.
- Be careful online. Avoid discussing the case on social media or with people who may be witnesses.
Support for families and employers
Relatives often feel helpless when someone is arrested. Practical help includes making sure the person has a solicitor and avoiding speculation. Employers should avoid prejudging the outcome, since an arrest is not a finding of guilt.
The bottom line
Understanding your rights does not guarantee a particular outcome, and no reputable solicitor can promise one. But knowing that free legal advice is available, and using it early, gives you the best chance of handling a stressful process properly.
If you or someone close to you is facing an investigation, take a breath, ask for advice, and make decisions with the facts in front of you.
