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Being arrested can be frightening, but you have important legal rights designed to protect you. These rights apply from the moment of arrest and throughout your time in police custody. Understanding them can make a significant difference to the outcome of your case.
Last updated: 2025-03-01
Your Rights
Right to Know Why You're Being Arrested
The police must tell you that you are being arrested, the offence they suspect you of, and why the arrest is necessary. An arrest without this information is unlawful.
Right to Free Legal Advice
You have the right to consult a solicitor free of charge at any time while in police custody. This can be in person or by telephone. The police must inform you of this right. You can use the duty solicitor scheme even if you don't have your own solicitor.
Right to Have Someone Informed
You can have one person — a friend, relative, or someone likely to take an interest in your welfare — told that you have been arrested. The police can delay this for up to 36 hours only for indictable offences where telling someone might interfere with evidence or lead to harm.
Right to Silence
You do not have to answer police questions. However, since the Criminal Justice and Public Order Act 1994, a court may draw 'adverse inferences' if you fail to mention something you later rely on in your defence. Your solicitor can advise you on this.
Right to Be Treated Humanely
You must be given adequate food, drink, and rest. You are entitled to medical attention if needed. Cells must be adequately heated, cleaned, and ventilated. You must be allowed to use the toilet and wash.
Right to an Interpreter
If English is not your first language, or you have a hearing or speech impediment, you are entitled to an interpreter at no cost. Documents must be translated where necessary.
Limits on Detention
The police can normally hold you for up to 24 hours without charge. For serious arrestable offences, a superintendent can authorise up to 36 hours, and a magistrates' court can extend this to a maximum of 96 hours. After that, you must be charged or released.
Right to See the Custody Record
Everything that happens to you in custody is recorded in the custody record. You (or your solicitor) have the right to inspect this record, and to receive a copy upon request within 12 months of leaving custody.
Common Myths
The police can hold you as long as they want.
There are strict time limits. Normally 24 hours, extendable to 36 (by a superintendent) or 96 hours (by magistrates' court order) only for indictable offences.
You must answer all police questions.
You have the right to remain silent, though adverse inferences may be drawn at trial if you later rely on facts you didn't mention when questioned.
You can only get a solicitor if you can afford one.
Legal advice at the police station is always free, regardless of your income. You can use the duty solicitor if you don't have your own.
The police can search your phone without your consent.
Generally, police need your consent or a court order to access the content of your phone, though there are exceptions for urgent cases.
What To Do
Stay Calm
Do not resist arrest — this can lead to additional charges. You can challenge an unlawful arrest later through legal channels.
Ask for a Solicitor Immediately
Say clearly: 'I want a solicitor.' Do not answer questions until you have spoken to one. This is your most important right.
Give Your Name and Address
You are required to confirm your identity. Beyond this, you do not need to answer questions without legal advice.
Request the Custody Record
Ask to see your custody record and ensure all interactions are properly documented.
Note the Officers' Details
Try to remember or note the names and numbers of the officers involved, the time of arrest, and what was said to you.
Seek Legal Advice Afterwards
If you believe your rights were violated, contact a solicitor or the Independent Office for Police Conduct (IOPC) to make a complaint.
Key Legislation
- Police and Criminal Evidence Act 1984 (PACE)
- PACE Codes of Practice (especially Code C — Detention)
- Criminal Justice and Public Order Act 1994
- Human Rights Act 1998, Article 5 (Right to Liberty)
Useful Contacts
Duty Solicitor
Free legal advice at any police station, available 24/7. Ask the custody sergeant.
Tel: Request at custody desk
Release
Specialist advice on drugs and the law, including arrest and police powers.
Tel: 020 7324 2989
Website