Getting arrested is one of those experiences that can make even the calmest person’s mind go blank. Whether it happens to you, a family member, or a friend, knowing what should happen next can make a stressful situation far more manageable. UK arrest procedure is governed by clear legal rules, and understanding them means you’re far less likely to be caught off guard by what the police can and can’t do.
This guide walks through your rights when arrested UK-wide (with a focus on England and Wales, where PACE applies), from the moment of arrest through to what happens at the police station.
What Happens the Moment You’re Arrested
An arrest doesn’t happen without reason. A police officer must have reasonable grounds to suspect you’ve committed, are committing, or are about to commit an offence. When they arrest you, they’re legally required to tell you two things clearly: that you’re under arrest, and why.
This is also when you’ll hear the police caution, one of the most recognisable lines in British policing:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
Understanding your police caution rights is genuinely important here. Staying silent is allowed, but the caution exists precisely because silence can sometimes work against you later if you raise a defence in court that you never mentioned at the time. It’s a balancing act, and it’s one of the reasons getting legal advice early matters so much.
Reasonable Force and How You’re Treated
Officers are allowed to use reasonable force to make an arrest, but nothing beyond what’s necessary. You should also be treated with a basic standard of dignity and care throughout, including access to medical attention if you need it.
Your Rights at the Police Station
Once you arrive at the station, a custody officer takes over and records your detention. From this point, a set of statutory protections kicks in, most of which come from PACE Code C, the code of practice attached to the Police and Criminal Evidence Act 1984. This is the rulebook that governs how you’re treated in custody, and it covers everything from how long you can be held to how interviews are conducted.
The Right to a Solicitor
This is arguably the most important right you have. Everyone in police custody has the right to a solicitor, free of charge, regardless of income. You can ask for a specific solicitor if you already have one, or use the duty solicitor scheme, which provides free, independent legal advice around the clock.
It’s worth being direct about this: exercising your right to a solicitor is never held against you, and it’s rarely a bad idea. A solicitor can advise you before and during any interview, explain what’s actually happening, and make sure the police are following proper procedure. If you can’t afford one, that doesn’t matter, this service is free at the point of use.
The Right to Have Someone Told
You can ask for one person, a friend, relative, or someone likely to take an interest in your welfare, to be told where you are. There are limited circumstances where this can be delayed, but it can’t simply be refused without proper justification.
The Right to Medical Help
If you’re injured, unwell, or need medication, you’re entitled to see a healthcare professional while in custody. This isn’t optional or dependent on how busy the station is; it’s a basic entitlement.
Time Limits on Detention
The police can’t hold you indefinitely without charge. Generally, you can be held for up to 24 hours before a decision must be made about charging you, releasing you, or applying to extend detention. More serious offences can extend this period, sometimes up to 96 hours with the right authorisations, but this requires senior approval and, for the longest extensions, a magistrate’s warrant.
Being Interviewed
If the police want to interview you about the offence, this normally happens under caution and is recorded. You have the right to have your solicitor present during this interview, and you can pause proceedings to speak to them privately at almost any point. You’re also entitled to know, in general terms, what the interview is going to be about before it starts.
What Happens Next: Charge, Bail, or Release
Once questioning is complete, a few things can happen. You might be released with no further action, released under investigation while enquiries continue, released on bail with conditions, or charged with an offence. If you’re charged, you’ll either be bailed to appear in court on a later date or, in more serious cases, kept in custody to appear before a magistrate as soon as possible.
It’s worth remembering that being arrested is not the same as being convicted, or even charged. Many arrests result in no further action at all once the police have gathered enough information.
Frequently Asked Questions
Do I have to answer police questions after being arrested?
No, you have the right to remain silent. However, because of how the caution works, staying silent on something you later rely on as a defence in court can sometimes be used against you. This is exactly why speaking to a solicitor first is so useful, they can advise you on the best approach for your specific situation.
Can I refuse to speak until my solicitor arrives?
Yes. You’re entitled to wait for legal advice before answering any substantive questions, and the police should not pressure you to proceed without it except in very limited urgent circumstances defined under PACE.
What is PACE Code C, exactly?
PACE Code C is one of several codes of practice made under the Police and Criminal Evidence Act 1984. It sets out the detailed rules police must follow when someone is detained, including how long they can be held, access to legal advice, welfare checks, and interview procedure. It’s essentially the rulebook that keeps custody procedures fair and consistent.
Can the police search me or my belongings after arrest?
Yes, the police can search you following an arrest if they have reasonable grounds, for example to check for anything that could cause harm, help you escape, or serve as evidence relating to the offence. Any search should still be conducted within the limits set out by law and PACE guidance.
Final Thoughts
Being arrested is unsettling by nature, but the process itself is far more structured and rights-protected than most people realise. From the caution at the moment of arrest to the protections built into PACE Code C, the system is designed to balance police powers with individual rights. If you or someone you know is ever in this position, remembering one simple fact goes a long way: ask for a solicitor, and use that right without hesitation.
