Your Rights in the Criminal Justice System
From the moment of arrest to the end of any appeal, a framework of statutory rights governs how you must be treated. Time limits control how long you can be held, bail is the legal starting point rather than the exception, and every conviction has an appeal route. Knowing where you are in the process tells you which rights apply.
Last updated: 2026-07-30
Your Rights
To Be Told You Are Under Arrest — and Why
An arrest is not lawful unless you are informed that you are under arrest and of the ground for the arrest, at the time or as soon as practicable afterwards — and this applies even where the arrest or its reason seems obvious.
Strict Custody Clocks Before Charge
The police can hold you for up to 24 hours before they must charge you or release you. They can apply to hold you for up to 36 or 96 hours only if you are suspected of a serious crime such as murder, and only arrest under the Terrorism Act allows detention without charge for up to 14 days.
Free Legal Advice in Custody
Anyone arrested and held in custody is entitled, on request, to consult a solicitor privately at any time, free of charge — usually via the 24-hour duty solicitor scheme.
An Appropriate Adult If You Are Under 18 or Vulnerable
The police must find an 'appropriate adult' to protect your interests, rights and welfare — helping you communicate, making sure you understand your rights and checking that the police act fairly. You can speak privately with your appropriate adult at any time.
The Presumption in Favour of Bail
Once you are accused of an offence and appear before a court, the legal starting point is that you shall be granted bail — custody is only permitted where one of the exceptions in Schedule 1 to the Bail Act applies.
Custody Time Limits While You Await Trial
If you are remanded in custody awaiting trial, statutory maximums apply: 56 days for summary-only and most either-way cases in the magistrates' court, and 182 days for cases sent to the Crown Court (less any time already spent in magistrates' court custody). A court can only extend the limit in defined circumstances.
Appeal From the Magistrates' Court to the Crown Court
If you were convicted by a magistrates' court you may appeal to the Crown Court — against your sentence if you pleaded guilty, or against conviction or sentence if you did not. You usually need to appeal within 15 working days of being sentenced.
Appeal From the Crown Court to the Court of Appeal
A person convicted on indictment may appeal to the Court of Appeal against conviction, with the leave (permission) of the Court of Appeal or a trial judge's certificate that the case is fit for appeal. You must apply within 28 days.
Common Myths
The police can hold you for as long as the investigation takes.
The normal limit is 24 hours before charge or release. Extensions to 36 or 96 hours require a serious offence, and only terrorism cases allow up to 14 days — every extension needs specific authority.
If you're charged, you'll be locked up until the trial.
The Bail Act 1976 creates a general right to bail — you 'shall be granted bail' unless a Schedule 1 exception applies — and even when remanded, custody time limits (56 days in the magistrates' court, 182 days in the Crown Court) cap how long you can be held awaiting trial.
Children and vulnerable people are interviewed just like everyone else.
The police must find an appropriate adult to protect the interests, rights and welfare of anyone under 18 or a vulnerable adult, and must also try to contact a parent, guardian or carer of a child in custody.
Once the magistrates convict you, that's final.
You can appeal to the Crown Court against conviction and/or sentence (usually within 15 working days of sentence), and Crown Court convictions can be appealed to the Court of Appeal with permission within 28 days.
What To Do
Make Them Tell You Why
Ask what offence you are suspected of — an arrest is not lawful unless you are informed of the ground for it at the time or as soon as practicable.
Ask for the Duty Solicitor Immediately
Free legal advice is available 24/7 at every police station and is independent of the police. Do not answer interview questions before you get it.
Under 18 or Vulnerable? Wait for the Appropriate Adult
The police must find an appropriate adult to protect your interests, and you can speak privately with them at any time. They can also arrange legal advice for you.
Watch the Custody Clock
Note when you arrived at the station. At 24 hours the police must charge you or release you unless a valid extension for a serious offence has been authorised.
Apply for Bail
At court, the starting point is that bail shall be granted. Make sure the court hears anything that answers the prosecution's objections — and if remanded, keep track of the custody time limit.
Do Not Sit on Appeal Deadlines
Magistrates' court appeals to the Crown Court usually must be lodged within 15 working days of sentence; Crown Court convictions need an application for permission to appeal within 28 days. Late appeals need an explanation and may not be considered.
Key Legislation
- Police and Criminal Evidence Act 1984 (PACE) and Codes of Practice
- Bail Act 1976
- Prosecution of Offences Act 1985 (custody time limits)
- Magistrates' Courts Act 1980
- Criminal Appeal Act 1968
- Human Rights Act 1998
Useful Contacts
Duty Solicitor
Free, independent legal advice at any police station, available 24/7.
Tel: Ask the custody officer
Citizens Advice
Free, confidential advice on arrest, bail, courts and appeals.
Tel: 0800 144 8848
WebsiteLaw Society — Find a Solicitor
Find a regulated criminal defence solicitor for interviews, trial or appeal.
WebsiteIndependent Office for Police Conduct (IOPC)
Oversees the police complaints system if you were mistreated during arrest or custody.
Tel: 0300 020 0096
Website