What Should I Do If I’m Arrested? Your Rights and Practical Steps Explained
Being arrested is one of the most stressful and disorientating experiences anyone can face. Whether it happens unexpectedly, on the street, at home, at work or even during a protest, knowing what to do if you are arrested is not just helpful, it can protect your rights and shape how your case unfolds.
In the UK, police officers must follow strict legal procedures when arresting someone. Understanding these can help you stay calm, make informed decisions and safeguard your future. Here is a comprehensive, straightforward guide to navigating an arrest.
Understanding the Arrest: What Police Must Tell You
When the police arrest you, they cannot simply detain you without explanation. Officers must:
identify themselves as police
tell you that you are being arrested
explain what offence they suspect you of
explain why the arrest is necessary
tell you that you are not free to leave
This is not optional; it is a legal requirement and part of ensuring the arrest is lawful.
Knowing this helps you appreciate that you are not being “picked on”, the police are following a legal process that protects your rights as well as public safety. Any statement made by you following your arrest and whilst in police custody can be used and relied upon.
Stay Calm and Think Before You Speak
It is natural to feel frightened or angry if you are arrested but how you react matters.
You have a right to remain silent when asked questions about the suspected offence. The caution you will hear, “You do not have to say anything but what you do say may be used against you in the court of law ” is not just a statement; it is a protection.
However, there is a balance to strike: remaining silent is your right but not mentioning something during questioning that you later rely on in court could harm your defence.
This is one of many reasons why having legal advice early is crucial. Contrary to the view that having a solicitor makes you look guilty, this is your absolute right and no such inference is permitted to be drawn.
Your Rights in Custody: What You are Entitled To
Once at the police station, the custody officer must explain your rights and ensure they are upheld. These rights include:
1. Free Legal Advice
You are entitled to speak to a solicitor before any police questioning begins and can choose your own lawyer or use the duty solicitor scheme (free if you do not have your own)
This right exists from the moment you arrive at the station and cannot reasonably be delayed.
2. Have Someone Told Where You Are
You can ask for someone, a family member, friend or employer to be informed of your arrest and where you are being held.
3. Medical Assistance
If you feel unwell or need medical attention, you can request help and it must be arranged promptly.
4. Information About the Process
You can see the police Codes of Practice, the rules governing how you should be treated and receive a written notice of your rights.
These protections exist so that even in one of the most stressful moments of your life, you are treated fairly and with dignity.
5. Special Considerations for Young or Vulnerable People
If the person arrested is under 18 or considered vulnerable (for example, due to a mental health condition), additional safeguards apply.
Police must provide an appropriate adult to support them, someone who can help them understand what is happening and protect their interests during custody and questioning.
This is not just good practice, it is a legal requirement to ensure fairness and comprehension.
What Happens Next: Custody, Bail or Release?
Once you have been processed at the police station, searched, booked in and held in a cell several outcomes are possible:
Released without charge if the police decide there is not enough evidence.
Released under investigation, meaning inquiries continue and you might be contacted later.
Charged and possibly released on bail with conditions to return later.
Held in custody longer while further enquiries are made.
In most cases, police can detain someone for up to 24 hours without charge. For serious offences, this can be extended to 36 or 96 hours with authorisation, and in exceptional counter-terrorism cases even longer.
Whilst in Police Custody you should generally:
Not talk about the case with anyone except your solicitor
Not make statements before legal advice
Not agree to be interviewed without your lawyer
Not sign paperwork without understanding what it means
As tempting as it might be to explain yourself or “get it over with”, speaking without legal advice can have long-lasting consequences.
Why Legal Representation Matters
An arrest does not automatically mean guilt, but it does start a legal process that can affect your rights, liberty and reputation. Exercising your right to legal advice early:
ensures you understand your situation and your options
helps protect you from making decisions that could harm your case
means you have an advocate who can speak to the police on your behalf
Good legal support is not a luxury; it is a safeguard built into the justice system.
In Summary — What You Should Do
Stay calm and let the police explain the arrest process.
Exercise your right to remain silent.
Ask for a solicitor immediately.
Tell the police who you want contacted for you.
Follow legal advice — do not try to handle it alone.
Need Support? We are Here to Help
If you or a loved one has been arrested, you do not have to face it alone. Professional legal guidance can protect your rights and ensure you are treated fairly at every step.
Contact us today for trusted advice and support on 01582 853 783.