Arrested? Your Rights at the Police Station Explained
Ask for a solicitor as soon as you are arrested: police station advice is free for everyone, independent of the police and never counts against you. The police can normally hold you for 24 hours before charging or releasing you.
Key points
- Legal advice at the police station is free for everyone and independent of the police; ask for a solicitor as soon as you arrive and before any interview.
- Police can hold you for 24 hours before charging or releasing you, 36 with a superintendent's authority for an indictable offence, and up to 96 hours only with a magistrates' warrant.
- The caution means silence is allowed, but a court may draw an inference if you later rely on something you could have said; decide with your solicitor whether to answer.
- A voluntary interview carries the same caution and the same right to free advice as an arrest, so treat it just as seriously.
- After interview you may be released with no further action, released under investigation, bailed with conditions for an initial three months, or charged.
- Legal aid for court depends on the interests of justice and a means test whose thresholds have not changed since 2009; the court duty solicitor can help at a first hearing.
If you are arrested in England and Wales, ask for a solicitor as soon as you reach the police station and say nothing of substance until you have spoken to one. Legal advice at the police station is free for everyone whatever their income, it is independent of the police, and asking for it cannot be used against you. The police can normally hold you for up to 24 hours before they must charge or release you, and they must tell you why and let someone know where you are. This guide explains your rights under the Police and Criminal Evidence Act 1984 (PACE) and its Code C, what happens in interview, how long detention can last, the possible outcomes, what court and legal aid involve, and how a criminal solicitor helps at each stage.
Your rights from the moment of arrest
An arrest must be lawful: the officer must tell you that you are under arrest and why, explain why arresting you is necessary, and caution you. At the station a custody officer, a sergeant independent of the investigation, decides whether there are grounds to detain you and opens a custody record that you and your solicitor can see.
Sections 56 and 58 of PACE and Code C, last revised in 2023, give every detained person the right to have someone told where they are, to consult a solicitor privately and free of charge at any time, to read the codes of practice, to a written notice of their rights (with an interpreter if needed), to medical attention, and to meals, drinks and at least eight hours' rest in any 24.
Anyone under 18, and any adult who may be vulnerable because of a mental health condition or learning disability, must have an appropriate adult (a parent, carer or trained volunteer) present for interviews; the appropriate adult is not a substitute for a solicitor, and conversations with them are not legally privileged. The rights to a solicitor and to have someone informed can be delayed only for an indictable offence, on a superintendent's authority, for a maximum of 36 hours and only where there is a specific risk such as alerting accomplices. Delay is rare, and once you have asked for advice the police may not interview you until you have received it, save in narrow urgent circumstances.
Why you should always ask for a solicitor
Police station advice is not means-tested. The custody officer contacts the Defence Solicitor Call Centre, which arranges either the solicitor you name or the duty solicitor, a criminal practitioner on a 24-hour rota who is independent of the police. For some minor matters initial advice is by telephone, but a solicitor attends in person if you are to be interviewed.
Taking advice does not make you look guilty: charging decisions are made on evidence, and a court cannot hold a request for advice against you. What the solicitor does is practical: obtain disclosure from the investigating officer about the allegation and the evidence, advise you in private on whether to answer questions, make a prepared statement or stay silent, sit in the interview and intervene against unfair questioning, challenge continued detention or bail conditions, and argue for no further action or a caution rather than a charge. The guide to criminal defence solicitors describes the work in more detail, and the police station is one of the few places where free legal help is available to everyone.
The caution, the interview and "no comment"
Before questioning you will be cautioned: "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."
The first sentence is the right to silence. The second reflects sections 34 to 37 of the Criminal Justice and Public Order Act 1994, which let a court draw an adverse inference if you fail to mention a fact you later rely on at trial, or fail to account for objects or marks found on you or for your presence at a place. Two safeguards apply: no inference can be drawn if you were denied a solicitor before the interview, and nobody can be convicted on an inference alone.
The decision is therefore tactical and should be made with your solicitor after seeing the disclosure. The three options are to answer the questions, to give a "no comment" interview, or to have your solicitor read a prepared written statement setting out your account and then answer nothing further, which protects you against inferences on the matters it covers while avoiding a long interview. Interviews are recorded, and you can ask for a break to speak to your solicitor at any point.
A voluntary interview, where the police invite you to attend by appointment, is not a soft option. You must be told that you are not under arrest and are free to leave, but the caution applies, so does the right to free advice, and anything you say can lead to a charge. Treat it as you would an arrest and arrange a solicitor before you go.
How long the police can hold you
Part IV of PACE sets the clock. The basic limit is 24 hours from arrival at the station, with an inspector reviewing detention after six hours and then every nine. For an indictable offence a superintendent can extend it to 36 hours if the investigation is being conducted diligently and expeditiously; beyond that the police must obtain a warrant of further detention from magistrates, and the absolute maximum without charge is 96 hours. Terrorism suspects can be held for up to 14 days with judicial authority. In Scotland, under the Criminal Justice (Scotland) Act 2016, the limit is 12 hours, extendable once to 24. At the limit the police must charge or release you.
Expect a long wait, and ask for a copy of your custody record when you leave.
Fingerprints, DNA, photographs and searches
After arrest for a recordable offence the police can take fingerprints, a DNA mouth swab and photographs without consent, using reasonable force if necessary. Under the Protection of Freedoms Act 2012 fingerprints and DNA are kept indefinitely after a conviction, but if you are not charged or are acquitted they are normally destroyed, although for serious offences they can be kept for three years and sometimes longer.
The custody officer may search you and hold your property, including your phone, until release. Strip searches must be justified and carried out by officers of the same sex, with an appropriate adult for under-18s; intimate searches need an inspector's authority and are rare. Take advice before handing over a phone passcode, because the contents can be examined.
What happens next: no further action, bail, release under investigation or charge
When the interview is over, the police choose between four outcomes:
- No further action. You are released and the case is closed, although the arrest stays on police systems unless you apply for deletion.
- Released under investigation. You are released without conditions while enquiries continue. There is no time limit, and you may hear nothing for months before being invited back, charged by post or told the case is closed.
- Pre-charge bail. Since 28 October 2022, under the Police, Crime, Sentencing and Courts Act 2022, there is a presumption in favour of bail where it is necessary and proportionate, usually with conditions such as not contacting a complainant. The initial period is three months, extendable to six by an inspector and nine by a superintendent; beyond nine months only a magistrates' court can extend it. Breaching a condition can mean arrest, and you can apply to vary conditions that are unworkable.
- Charge. The police or the Crown Prosecution Service apply the Code for Crown Prosecutors: enough evidence for a realistic prospect of conviction, and a prosecution in the public interest. You are then bailed to court, sent a postal requisition or, if bail is refused, kept for the next court sitting.
The police may instead offer an out-of-court disposal such as a caution, which requires you to admit the offence and has lasting consequences; never accept one without advice, and read the guide to police cautions and DBS checks first.
Going to court and paying for a defence
Every case begins in the magistrates' court. Summary offences stay there; indictable-only offences are sent straight to the Crown Court under section 51 of the Crime and Disorder Act 1998; and either-way offences go through allocation, where the magistrates decide whether their powers (up to 12 months for a single offence) are enough and you can currently elect Crown Court trial. The Courts and Tribunals Bill before the House of Lords would change allocation, but as at October 2026 it is not law. In the Crown Court your solicitor will usually instruct a barrister; the guide to solicitors and barristers explains who does what.
Legal aid for court is a separate scheme from police station advice. A representation order requires the interests of justice test (a real risk to your liberty or livelihood, serious damage to reputation, a substantial point of law, or an inability to follow proceedings) and a means test. In the magistrates' court you pass on an adjusted gross annual income of £12,475 or less, fail above £22,325, and in between pass only if your disposable income is £3,398 or less a year. In the Crown Court the interests of justice are assumed, but a disposable income of £37,500 or more makes you ineligible and those above the lower threshold pay monthly contributions, refunded with interest if acquitted. These thresholds have not changed since 2009, so many people in ordinary jobs fall outside them; people on Universal Credit and some other benefits pass automatically.
Without legal aid, firms charge a fixed fee for a guilty plea in the magistrates' court and hourly rates for trials; a privately paying defendant who is acquitted generally recovers costs only at legal aid rates. At a first hearing the court duty solicitor can advise anyone in custody or facing an imprisonable offence free of charge. See how solicitors charge for the fee models.
Family, work and finding a criminal solicitor
You can have one person told where you are, and your solicitor can pass on messages; relatives can bring essential medication but cannot usually visit. There is no general duty to tell an employer about an arrest, but some contracts, regulated roles and jobs that need a current Disclosure and Barring Service (DBS) certificate require disclosure of arrests or charges, so read your contract and take advice before volunteering anything. Do not discuss the case with co-suspects or witnesses, and stay off social media, since a careless post can breach bail or amount to witness interference.
The duty solicitor is free and fully qualified, and you can stay with them or move to another firm for the court stages. Look for a firm with a criminal legal aid contract, and ask who will handle your case. Search criminal law solicitors in Birmingham, browse solicitors in Liverpool or use the solicitors near me search, and read what criminal law covers if the process is new to you. If the arrest followed a roadside breath test, the guide to drink driving penalties explains what comes next.
Frequently asked questions
Does asking for a solicitor at the police station make me look guilty?
No. The right to free legal advice belongs to everyone who is detained, the police expect people to use it, and neither the custody officer nor a court can treat the request as a sign of guilt. Charging decisions are based on the evidence. In practice a solicitor often helps innocent people most, by finding out what the allegation actually is, stopping an interview going off track, and making sure a confused or exhausted account is not later used as an inconsistency.
Should I answer "no comment" in a police interview?
Sometimes, but not as a reflex. Staying silent is lawful, yet if you later rely in court on a fact you could reasonably have mentioned, the court may draw an adverse inference. Whether to answer, stay silent or hand in a prepared statement depends on what the police have disclosed, how strong the evidence looks and whether you have a clear account to give. That is a judgement for your solicitor once they have seen the disclosure, which is the main reason to have one.
How long can the police keep me in custody without charging me?
Normally 24 hours from your arrival at the police station. A superintendent can extend that to 36 hours for an indictable offence if the investigation is being pursued diligently, and only a magistrates' court can authorise detention beyond that, up to an absolute maximum of 96 hours. Terrorism suspects can be held for up to 14 days with judicial approval. In Scotland the limit is 12 hours, extendable to 24. Once the limit is reached you must be charged or released.
What does "released under investigation" mean?
It means the police have let you go without charge while they continue enquiries, without bail conditions and without any time limit. You can be invited back for a further interview, charged by post months later, or told the case is closed, and long silences are common. You do not have to report anywhere, but you should keep your solicitor informed of any change of address and should not contact anyone connected with the allegation.
Do I have to tell my employer I have been arrested?
Usually not. An arrest is not a conviction, and there is no general legal duty to report it. Check your contract and any professional or regulatory rules, because some roles, particularly in regulated professions, security, driving and work requiring a DBS certificate, do require you to report arrests or charges, and failing to do so can itself be misconduct. If you are unsure, take advice before saying anything, and say only what you are required to say.
Will I get legal aid if my case goes to court?
Only if you pass both tests. The interests of justice test asks whether the case puts your liberty, livelihood or reputation at real risk or raises difficult issues; the means test looks at your household income. In the magistrates' court an adjusted gross income over £22,325 a year fails outright, and the thresholds have not moved since 2009. Crown Court cases are usually covered, subject to income contributions. If you are refused, the court duty solicitor can still help at a first hearing.
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This guide describes the law in England and Wales as at 30 October 2026. It is general information, not legal advice about your situation; the law and the figures it quotes change, so check the position with a solicitor before acting. LawFirms.co.uk is a directory and does not provide legal services.