Being arrested can be a frightening and overwhelming experience, particularly if it is your first encounter with the police. Many people are unsure of what will happen next, what rights they have, or whether they should ask for legal advice.
Understanding the arrest process can help reduce some of the uncertainty. In this guide, I will explain what typically happens after an arrest, your legal rights, and why obtaining legal advice at the earliest opportunity is so important.
Step 1: The Arrest
A police officer can arrest someone if they reasonably suspect that person has committed, is committing, or is about to commit a criminal offence, and they believe that an arrest is necessary. There are a number of reasons why an arrest may be considered necessary, including to allow a prompt and effective investigation, to prevent harm, or to preserve evidence.
When you are arrested, the officer should explain:
- That you are under arrest.
- The offence you are being arrested for.
- The grounds for your arrest.
- The reason why the arrest is considered necessary.
You will usually hear the words: “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.” This is known as the police caution and it is an important part of the arrest process.
Step 2: Being Taken to the Police Station
Following your arrest, you will normally be taken to a police station where you will be booked into custody.
A Custody Sergeant, who is independent from the investigating officers, will review your arrest to ensure it was lawful and decide whether your detention should continue.
The Custody Sergeant is responsible for ensuring your welfare whilst you remain in police detention. This includes considering any medical conditions, medication requirements, dietary needs or vulnerabilities that you may have.
You may also have your fingerprints, photograph and DNA samples taken, depending on the circumstances of the investigation.
Step 3: Your Rights Whilst in Custody
Many people are unaware that they have important legal rights whilst in police custody.
These include the right to:
- Free and independent legal advice.
- Have someone informed of your arrest, such as a friend or family member.
- Access the Codes of Practice governing police powers.
- Receive appropriate medical treatment if required.
- Be provided with food, drinks and adequate rest during your detention.
One of the most important rights is your entitlement to free legal advice. This is available regardless of your income and whether you have been arrested before.
Requesting a solicitor cannot be used against you, nor does it suggest that you are guilty. It simply ensures that your legal rights are protected throughout the investigation. Having a Solicitor does not cause delays or keep you in police custody for longer.
Step 4: Speaking to a Solicitor
Before any police interview takes place, you have the right to speak privately with a solicitor.
Your solicitor will receive disclosure from the police explaining the allegation and why you are suspected to be involved. You can discuss that in private with your Solicitor and They will then advise you on the most appropriate course of action based on the circumstances of your case.
Every case is different. Depending on the evidence, your solicitor may advise you to answer questions, provide a prepared statement, or exercise your right to remain silent where appropriate.
Receiving legal advice before making decisions during a police investigation can have a significant impact on the outcome of your case.
Step 5: The Police Interview
Once legal advice has been provided, the police may conduct a formal interview under caution.
The interview will usually be audio recorded and may also be video recorded in some cases. The investigating officers will ask questions about the allegation and any evidence they have obtained.
It is important to remain calm and listen carefully to the advice given by your solicitor. The interview is a key stage of the investigation and what is said can later be relied upon in court proceedings.
Having a solicitor present ensures that the interview is conducted fairly and that any concerns about police procedure can be addressed immediately.
Step 6: What Happens After the Interview?
Once the interview has concluded, the police will decide what should happen next. This decision will depend on the available evidence and the progress of the investigation.
Possible outcomes include:
No Further Action (NFA)
If there is insufficient evidence or it is not in the public interest to continue, the police may take no further action. This means that no criminal proceedings will follow in relation to that investigation.
Release Under Investigation (RUI)
In some cases, you may be released whilst the police continue their enquiries. Further evidence may be gathered before a final decision is made.
Police Bail
The police may release you on bail whilst further investigations are carried out. Bail may include conditions, such as living at a particular address, avoiding contact with certain individuals, or attending a police station on a specified date. It is important that any bail conditions are followed carefully, as breaching them could have serious consequences.
Charge
If there is sufficient evidence, you may be charged with a criminal offence. Depending on the offence and your personal circumstances, you may be released to attend court on a future date or kept in custody to appear before the Magistrates’ Court at the next available opportunity.
Why Early Legal Advice Matters
One of the biggest misconceptions is that people only need a solicitor if they intend to plead not guilty or if they believe the case is serious.
In reality, obtaining legal advice at the police station is often the most important stage of the entire criminal process.
Early advice can help to:
- Protect your legal rights.
- Ensure police procedures are followed correctly.
- Help you understand the evidence against you.
- Prevent misunderstandings during interview.
- Put forward relevant information at an early stage.
- Potentially influence the outcome of the investigation before any charging decision is made.
Seeking legal advice early does not make matters worse, it helps ensure that you make informed decisions at every stage.
How We Can Help
At Straw & Pearce, we understand that being arrested or asked to attend a voluntary police interview can be an intimidating and uncertain experience. Our experienced Criminal Defence team is on hand to provide clear, practical and confidential legal advice from the very outset of a police investigation, ensuring that your rights are protected every step of the way.
Whether you have been arrested, invited to attend a voluntary interview, or are facing criminal proceedings, we can advise and represent you throughout the process. Our team regularly attends police stations to provide free and independent legal advice during interviews under caution and offers expert representation in a wide range of criminal matters, from the initial investigation through to proceedings in the Magistrates’ Court, Youth Court and Crown Court. All of our Solicitors are current members of the County Duty Scheme.
We are committed to providing straightforward legal advice, robust representation and dedicated support you during what can often be one of the most difficult times in a person’s life. We offer this service 24 hours a day, 7 days a week, 365 days a year.
If you or someone you know has been arrested or contacted by the police, seeking legal advice as early as possible can make a significant difference. Remember, you have the right to free and independent legal advice at the police station. You can ask for Straw and Pearce to be contacted upon your arrival in police custody or when a Voluntary Interview is being arranged. A member of our Criminal Defence team can attend the police station to advise you, protect your interests and support you throughout the investigation, helping you make informed decisions from the very beginning.
If you have any questions or require advice regarding a criminal matter, please do not hesitate to contact our Criminal Defence team on 01509 268931 or by email at criminalteam@strawandpearce.co.uk. We can also be contacted between 5:00pm and 9:00am on our dedicated out of hours number on 07801 466811 ensuring that legal advice and representation are available whenever you need us most.
