Being Arrested: What Are Your Rights?

Whether you have been arrested in London or elsewhere in England and Wales, you have important legal rights while you are in police custody.

If arrested, you have the right to know why you were arrested, remain silent, ask for a solicitor, get free legal advice, contact family and receive medical care. You also have the right to be treated fairly while in police custody.

Moeen & Co. Solicitors provides criminal defence advice and representation for people facing arrest, police investigations, police interviews and criminal proceedings.

If you have been arrested or asked to attend a police station, obtaining legal advice as early as possible can help you understand your position, protect your rights and make informed decisions.

Table of Contents

What Are My Rights When I Am Arrested?

If you are arrested, you have the right to be told why you have been arrested, remain silent, ask for a solicitor and, in many circumstances, receive free legal advice. You can also ask the police to inform a family member or another person, and request medical attention if you feel ill or are injured. You also have the right to be treated fairly and to understand what is happening while you are in police custody.

Key Rights in Custody

1. Right to remain silent: You do not have to answer every police question. However, there can be legal consequences if you later rely on something in court that you did not mention when questioned. You should seek legal advice before deciding how to respond to questions.
2. Free legal advice: You can ask for legal advice while at the police station. In many circumstances, this is available free of charge, including through the duty solicitor scheme.
3. Choose a solicitor: Where applicable, you can ask for a solicitor of your choice rather than using the duty solicitor.
4. Have someone informed: You can ask the police to inform a relative, friend or another appropriate person that you have been arrested and where you are being held, although there are circumstances in which this may be delayed or refused.
5. Medical help: You can ask for medical attention if you feel ill, are injured or have another health concern. Tell the custody staff or your solicitor if you need medical assistance.
6. Know why you have been arrested: The police should tell you that you are under arrest and explain the grounds for your arrest.
7. Information about your detention: You have rights concerning information about why you are being detained and the reasons for continued detention.
8. Access to the police codes of practice: You can ask to consult the relevant police Codes of Practice governing your detention and treatment in custody.
9. An interpreter or assistance: If you have difficulty understanding English or communicating with the police, you may be entitled to appropriate assistance, including an interpreter where required.
10. Have your rights explained: The police should provide you with information about your rights and entitlements while you are in custody.
11. Fair treatment: You have the right to be treated properly and fairly while in police custody.
12. Additional protection for children and vulnerable people: Children and vulnerable people can have additional safeguards, including the involvement of an appropriate adult in relevant circumstances.

If you believe your rights have not been respected, tell your solicitor as soon as possible. Your solicitor can advise you about what happened and whether any action should be taken.

What Should I Do If I Am Arrested?

If you are arrested, remain calm, listen carefully to what the police tell you and ask for legal advice before answering questions about the allegation. You should not assume that speaking to a solicitor makes you look guilty. A solicitor can advise you about your rights and the best way to approach a police interview.

You should:

• Remain calm and avoid confrontation.
• Listen to the reason given for your arrest.
• Tell the police if you need medical attention.
• Ask for a solicitor if you want legal advice.
• Ask the police to explain anything you do not understand.
• Avoid discussing the circumstances of the allegation with other people in custody.
• Do not make decisions about a police interview without understanding your legal position.
• Tell your solicitor everything relevant, including information that you believe may be unhelpful.

You do not have to understand the criminal law yourself. That is one of the reasons legal advice is available at the police station.

Do I Need a Solicitor at the Police Station?

You do not have to have a solicitor, but getting legal advice before a police interview is strongly recommended. You have the right to free legal advice at the police station, including from the duty solicitor, and a solicitor can advise you about your rights and how to approach the interview.

A criminal defence solicitor can:

• Explain the allegation against you.
• Explain your legal rights.
• Advise you about the police interview.
• Review information disclosed by the police.
• Help you understand the potential consequences of different approaches.
• Attend the interview with you.
• Raise concerns about the way you are being treated.
• Advise you about what happens after the interview.

You can request the duty solicitor or ask for a solicitor of your choice. For immediate criminal defence advice, contact Moeen & Co. Solicitors on 0203 959 7755.

Does Asking for a Solicitor Make Me Look Guilty?

No. Asking for legal advice does not mean that you are guilty. It is a legal right and is an important safeguard for anyone being investigated by the police.

It is generally sensible to understand your legal position before deciding how to respond to questions.

Can I Get a Free Solicitor After Being Arrested?

Yes. If you are arrested and held at a police station, you have the right to free legal advice. You can ask for the duty solicitor, who is available 24 hours a day, or ask the police to contact a solicitor of your choice who provides legal aid.

If you want legal advice or representation from Moeen & Co. Solicitors, contact us on 0203 959 7755. Our criminal defence team is available 24/7 to assist with police station matters.

Do I Have to Answer Police Questions?

You generally have a right to remain silent, but there can be important legal consequences depending on what you say or do not say. You should obtain legal advice before deciding how to respond to a police interview.

There is no universal answer to whether you should answer every question, provide a prepared statement or give a "no comment" interview.

The appropriate approach depends on matters such as:

• The allegation.
• The evidence available to the police.
• Your account of events.
• Information disclosed before the interview.
• Whether there are innocent explanations for evidence.
• Whether other people or documents support your account.

A solicitor can discuss the circumstances with you before the interview and advise you on the appropriate approach.

What Does "No Comment" Mean?

A "no comment" interview means that you decline to answer police questions. However, remaining silent can have potential consequences in criminal proceedings, so you should obtain legal advice before deciding whether a no-comment interview is appropriate.

A no-comment interview is not automatically the best or safest option.

Equally, answering every question without legal advice may not be appropriate.

The correct approach depends on the facts and evidence in your particular case.

Can The Police Keep Me Overnight?

Yes. Depending on when you are arrested and the circumstances of the investigation, you may be detained overnight at a police station. The police must comply with the legal rules governing detention and review your continued detention as required.

If you are concerned about how long you have been detained, speak to your solicitor.

Will The Police Tell Me Why I Have Been Arrested?

The police should tell you that you are under arrest and explain the grounds for the arrest in accordance with the applicable legal requirements.

Can The Police Search Me After I Am Arrested?

The police have legal powers to search an arrested person in certain circumstances. They may also have powers to seize property or evidence connected with an investigation.

Depending on the circumstances, searches may involve:

• Your clothing and personal belongings.
• Items found on you.
• Property you have with you at the police station.
• A mobile phone or other electronic device.
• Other property connected with the investigation.

The precise powers available to the police depend on the circumstances and the legal authority being relied upon.

Can The Police Take My Fingerprints, Photograph Or DNA?

The police can take fingerprints, photographs and certain samples in circumstances permitted by law. Whether a sample can be taken, whether consent is required and how the material may be retained depend on the type of sample and the circumstances.

Your solicitor can explain what is happening and advise you if you have concerns about the process.

What Happens to My Phone After I Am Arrested?

The police may seize and examine a mobile phone where they have lawful grounds to do so as part of an investigation. The extent to which they can access information on a device depends on the circumstances and the applicable legal powers.

A phone may contain potentially relevant evidence such as:

• Messages
• Photographs
• Call records
• Emails
• Social media communications
• Location information
• Documents
• Application data

Do not delete or alter potentially relevant information. If your phone has been seized, ask your solicitor about your position.

What Are My Rights If I Am Treated Unfairly by the Police?

If you believe you have been mistreated, unlawfully detained or denied your legal rights, tell your solicitor as soon as possible. Your solicitor can advise you about the appropriate steps and whether the circumstances may affect your criminal case.

Examples of concerns can include:

• Excessive or inappropriate treatment.
• Failure to provide appropriate legal safeguards.
• Problems with detention.
• Failure to provide necessary medical assistance.
• Problems with the conduct of an interview.
• Other concerns about police treatment.

Keep a record of what happened and tell your solicitor as soon as possible.

What Additional Protections Apply to Children or Vulnerable People?

Children and vulnerable people can have additional safeguards when detained or interviewed by the police. These may include the involvement of an appropriate adult and additional protections during the custody and interview process.

If you or someone you are supporting is under 18 or may be vulnerable, tell the police and your solicitor.

The appropriate safeguards will depend on the person's circumstances.

Can I Contact a Criminal Defence Solicitor Before Going to the Police Station?

Yes. If you have been asked to attend a police station voluntarily, obtaining legal advice before attending can help you understand your position and prepare for what may happen.

A voluntary interview differs from an arrest, but it is still a formal part of a police investigation.

You should not assume that because you are attending voluntarily, the matter is minor or that you do not need legal advice.

Should I Speak to a Solicitor Before a Voluntary Police Interview?

Yes. It is sensible to obtain legal advice before a voluntary police interview, particularly if you are suspected of an offence. A solicitor can explain the process and advise you about your rights and how to approach the interview.

A solicitor can also advise you about whether attending voluntarily is appropriate and what information you may need to consider before the interview.

What Should I Tell My Criminal Defence Solicitor?

You should give your solicitor a complete and honest account of what happened, including information that you think may be unhelpful. Your communications with your solicitor are generally confidential, subject to important legal exceptions.

Tell your solicitor about:

• What happened.
• When and where it happened.
• Who was involved.
• What the police have told you.
• Any witnesses.
• Relevant messages or documents.
• Previous communications with the police.
• Any evidence that may support your account.

Do not deliberately leave out important information because you think it is irrelevant. Your solicitor needs the full picture to give you proper advice.

When Should I Contact a Criminal Defence Solicitor?

You should seek legal advice as soon as possible if you have been arrested, invited to a police interview, told that you are under investigation or charged with a criminal offence. Early legal advice can help protect your rights and allow your solicitor to advise you before important decisions are made.

You do not necessarily need to wait until you are charged.

Early advice can be particularly important where:

• You have been arrested.
• You are being interviewed by the police.
• You have been accused of a serious offence.
• You are concerned about evidence held by the police.
• You have been released on bail.
• You have been released under investigation.
• You have been charged and must attend court.

How Can Moeen & Co. Solicitors Help?

Moeen & Co. Solicitors can provide criminal defence advice and representation for individuals facing police investigations, arrest, police interviews and criminal proceedings.

Our criminal defence team can assist with matters including:

• Police station representation.
• Advice following arrest.
• Police interviews.
• Police bail.
• Criminal investigations.
• Magistrates' Court proceedings.
• Crown Court proceedings.
• Assault allegations.
• Drug offences.
• Theft and robbery.
• Sexual offence allegations.
• Public order offences.
• Criminal damage.
• Fraud and other criminal allegations.

Where possible, obtaining legal advice at an early stage allows your solicitor to understand the circumstances and advise you before important decisions are made.

Need A Criminal Defence Solicitor?

If you have been arrested, asked to attend a police station, released on bail or told that you are under investigation, contact Moeen & Co. Solicitors immediately on 0203 959 7755 for advice and representation.