Do I have to pay for a lawyer if I am arrested?

You have the right to consult a solicitor free of charge at any time while in police custody. This service is available regardless of your income and can be accessed in person or by telephone. If you do not have your own solicitor, you can use the duty solicitor scheme, which operates 24/7. The police are required to inform you of this right upon arrest.

Am I allowed to stay silent when the police question me?

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 facts you later rely on in your defence. It is advisable to speak to a solicitor before answering questions, as they can advise you on the potential consequences of remaining silent.

How long can the police keep me in custody without charging me?

The police can normally hold you for up to 24 hours without charge. For serious arrestable offences, a superintendent can authorise detention for up to 36 hours. A magistrates' court can extend this period to a maximum of 96 hours. After these time limits, you must either be charged with an offence or released.

Can I tell a friend or family member that I have been arrested?

You can have one person, such as a friend, relative, or someone likely to take an interest in your welfare, informed of your arrest. The police can delay this notification for up to 36 hours only for indictable offences, and only if telling someone might interfere with evidence or lead to harm.

What happens if I do not speak English well?

If English is not your first language, or if you have a hearing or speech impediment, you are entitled to an interpreter at no cost. The police must ensure that any necessary documents are translated for you. This right applies throughout your time in police custody to ensure you understand the process and any communications.

All Rights Guides

Criminal Justice

Your Rights When Arrested

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: 2026-05-22

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.

Police and Criminal Evidence Act 1984 (PACE), s.28

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.

PACE 1984, s.58; Code C, para 6

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.

PACE 1984, s.56

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.

PACE 1984; Criminal Justice and Public Order Act 1994, ss.34–37

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.

PACE 1984, Code C, paras 8–9

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.

PACE 1984, Code C, para 13

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.

PACE 1984, ss.41–44

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.

PACE 1984, Code C, para 2

Common Myths

Myth

The police can hold you as long as they want.

Reality

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.

Myth

You must answer all police questions.

Reality

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.

Myth

You can only get a solicitor if you can afford one.

Reality

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.

Myth

The police can search your phone without your consent.

Reality

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

Citizens Advice

Free, confidential advice on legal rights.

Tel: 0800 144 8848

Website

Release

Specialist advice on drugs and the law, including arrest and police powers.

Tel: 020 7324 2989

Website

IOPC

Independent Office for Police Conduct — handles complaints about police officers.

Website

Frequently asked questions

Do I have to pay for a lawyer if I am arrested?: You have the right to consult a solicitor free of charge at any time while in police custody. This service is available regardless of your income and can be accessed in person or by telephone. If you do not have your own solicitor, you can use the duty solicitor scheme, which operates 24/7. The police are required to inform you of this right upon arrest.
Am I allowed to stay silent when the police question me?: 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 facts you later rely on in your defence. It is advisable to speak to a solicitor before answering questions, as they can advise you on the potential consequences of remaining silent.
How long can the police keep me in custody without charging me?: The police can normally hold you for up to 24 hours without charge. For serious arrestable offences, a superintendent can authorise detention for up to 36 hours. A magistrates' court can extend this period to a maximum of 96 hours. After these time limits, you must either be charged with an offence or released.
Can I tell a friend or family member that I have been arrested?: You can have one person, such as a friend, relative, or someone likely to take an interest in your welfare, informed of your arrest. The police can delay this notification for up to 36 hours only for indictable offences, and only if telling someone might interfere with evidence or lead to harm.
What happens if I do not speak English well?: If English is not your first language, or if you have a hearing or speech impediment, you are entitled to an interpreter at no cost. The police must ensure that any necessary documents are translated for you. This right applies throughout your time in police custody to ensure you understand the process and any communications.
What basic needs must the police provide while I am in custody?: You must be given adequate food, drink, and rest while in custody. You are entitled to medical attention if needed. Police cells must be adequately heated, cleaned, and ventilated. You must also be allowed to use the toilet and wash. These standards are designed to ensure you are treated humanely during detention.