What Happens When You Are Arrested?

When you're arrested, a police officer will tell you that you're under arrest and explain the grounds for the arrest. You'll then usually be taken to a police station, where your details are recorded and your rights explained.

Being arrested does not mean that you are guilty of an offence. The police may arrest you as part of an investigation, and you may later be released without charge, released on bail, released under investigation or charged with an offence.

If you have been arrested, you have the right to legal advice at the police station. Speaking to a criminal defence solicitor as early as possible can help you understand what is happening and how to approach the investigation.

Table of Contents

What Happens Immediately After I Am Arrested?

After you are arrested, the police will normally take you to a police station if they need to detain you for further investigation. You should be told that you are under arrest, the reason for your arrest and what is alleged to have happened.

The police may:

• Search you and your belongings where legally permitted.
• Take you to a police station.
• Record your personal details.
• Record information about the arrest.
• Search or seize relevant property.
• Begin the custody process.
• Tell you about your rights and entitlements.

If you are unsure about what is happening, ask for a solicitor.

What Happens When I Arrive at the Police Station?

When you arrive at the police station, a custody officer will deal with your detention and assess whether there are grounds to keep you in custody. Your details and information about the arrest will be recorded.

The custody process can include:

• Recording your name and personal details.
• Recording the alleged offence.
• Checking your health and welfare.
• Explaining your rights.
• Arranging legal advice if requested.
• Deciding whether you need to be searched.
• Taking fingerprints, photographs or samples where legally permitted.
• Considering whether you need an appropriate adult or other assistance.

The custody officer is responsible for overseeing your detention while you are at the police station.

Will the Police Tell Me Why I Have Been Arrested?

Yes. You should be told that you are under arrest and given information about the grounds for your arrest. You should also be given sufficient information to understand why your arrest and detention are considered necessary.

The information provided should help you understand the nature of the allegation being investigated.

If you do not understand why you have been arrested, ask the police to explain it and speak to your solicitor.

What Are My Rights After I Am Arrested?

After arrest, you have important legal rights, including the right to legal advice, information about your detention, medical assistance and, subject to certain exceptions, having someone informed of your arrest.

Your rights can include:

• Legal advice: You can ask for a solicitor.
• Free legal advice: In many circumstances, legal advice at the police station is available free of charge.
• Information: You should be given information about your rights and detention.
• Someone informed: You can ask for a relative, friend or another appropriate person to be informed of your arrest.
• Medical assistance: You can request medical attention if you feel ill or are injured.
• Interpreter or assistance: Appropriate assistance may be available if you have difficulty communicating or understanding what is happening.
• Access to relevant Codes of Practice: You can ask to consult the applicable Police Codes of Practice.

For a detailed explanation, see our guide to Being Arrested: Your Rights.

Can I Ask for a Solicitor After Being Arrested?

Yes. You can ask for legal advice at the police station and, in many circumstances, this advice is available free of charge. You can ask for the duty solicitor or request a solicitor of your choice.

A solicitor can:

• Explain your legal position.
• Advise you about the allegation.
• Explain the police interview process.
• Advise you about the evidence disclosed by the police.
• Discuss whether you should answer questions.
• Attend the interview with you.
• Raise concerns about your treatment or detention where appropriate.

Need a criminal defence solicitor? Contact Moeen & Co. Solicitors on 0203 959 7755 for advice and police-station representation.

What Happens During the Custody Process?

During the custody process, the police investigate the allegation while you remain detained. This can involve questioning, searches, evidence gathering and other investigative steps. Your detention must be managed in accordance with the applicable legal safeguards.

Depending on the case, the police may:

• Interview you.
• Check CCTV or other recordings.
• Examine documents or electronic devices.
• Speak to witnesses.
• Conduct searches.
• Take fingerprints, photographs or samples.
• Carry out further enquiries.

Your solicitor can advise you about what is happening and help protect your legal rights during the investigation.

Will I Be Interviewed After Being Arrested?

You may be interviewed by the police after being arrested if they are investigating you for an alleged offence. You have the right to legal advice before the interview and should consider obtaining advice before answering questions.

A police interview may be an important part of the investigation.

Before the interview, your solicitor can discuss:

• What offence is being investigated.
• What information the police have disclosed.
• Your account of events.
• Evidence that may support your account.
• The questions you may be asked.
• Whether you should answer questions or provide a prepared statement.

Your solicitor can normally attend the interview with you.

Do I Have to Answer Police Questions?

You have a right to remain silent in certain circumstances, but there can be legal consequences if you later rely on information that you did not mention when questioned. You should obtain legal advice before deciding how to respond to a police interview.

There is no single approach that is appropriate for every case.

Depending on the circumstances, your solicitor may advise you to:

• Answer questions.
• Provide a prepared statement.
• Answer some questions.
• Exercise your right to silence.

The appropriate approach depends on the allegation, evidence and your individual circumstances.

Can the Police Search Me After I Am Arrested?

The police have legal powers to search an arrested person and their belongings in certain circumstances. They may also seize property that they reasonably believe is relevant to the investigation.

A search may involve:

• Your clothing.
• Personal belongings.
• Bags or other property.
• Items found on you.
• Electronic devices or other evidence.

If your property has been seized, ask your solicitor about your legal position.

Can the Police Take My Fingerprints, Photograph or DNA?

The police can take fingerprints, photographs and certain samples in circumstances permitted by law. The rules depend on the type of sample and the circumstances of your arrest.

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

Can the Police Take My Phone After I Am Arrested?

The police may seize and examine your phone where they have lawful powers to do so as part of an investigation. The information on your device may become relevant evidence depending on the allegation.

A phone can contain information such as:

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

Do not delete or alter potentially relevant information after you become aware that it may be relevant to an investigation. Speak to your solicitor if your phone has been seized.

How Long Can the Police Hold Me After Arrest?

For most offences, the police can normally hold you for up to 24 hours without charge. In certain serious cases, detention can be extended to 36 hours, while further detention may be authorised by a Magistrates' Court, up to a maximum of 96 hours in applicable cases.

The police must follow specific legal requirements when detaining you and must review your continued detention.

For a detailed explanation, see our guide: How Long Can Police Hold You in Custody Without Charge?

What Happens When the Police Finish Their Investigation at the Station?

Once the police have completed the necessary investigation at the police station, they may release you without charge, release you on police bail, release you under investigation or charge you with an offence.

The outcome depends on the evidence and circumstances of the case.

You may be:

• Released without charge: The police do not charge you at that stage.
• Released on police bail: You are released while the investigation continues, potentially subject to conditions.
• Released under investigation: You are released while the police continue investigating.
• Charged: You are formally accused of an offence and may be required to attend court.

Being released does not necessarily mean that the investigation has ended.

What Happens If I Am Released Without Charge?

If you are released without charge, the police may have decided that no charge should be brought at that stage. However, depending on the circumstances, further investigation may still be possible.

Keep any paperwork given to you by the police and follow any instructions you have been given.

If you remain concerned about the investigation, you can seek legal advice.

What Happens If I Am Released on Police Bail?

If you are released on police bail, you may have to comply with conditions while the investigation continues. You should make sure you understand every condition before leaving the police station.

Depending on the case, conditions may restrict:

• Contact with particular people
• Where you can go
• Where you can stay
• Travel
• Other conduct relevant to the investigation

If you are unsure about a bail condition, ask your solicitor for advice.

What Happens If I Am Released Under Investigation?

If you are released under investigation, you are not charged at that stage, but the police can continue investigating the alleged offence. You may be contacted again and could be arrested or charged later.

Release under investigation is different from being cleared of an allegation.

If you receive further contact from the police, obtain legal advice before agreeing to an interview or providing information.

What Happens If I Am Charged After Being Arrested?

If you are charged after arrest, the police will tell you what offence you are accused of and what happens next. Depending on the offence and circumstances, you may be required to attend the Magistrates' Court or the case may proceed to the Crown Court.

The next stage may involve:

• A first court hearing
• A decision about bail
• Entering a plea
• Further hearings
• Case preparation
• Trial
• Sentencing if you are convicted

Your solicitor can advise you about the next stage and represent you in court where appropriate.

What Happens If I Am Arrested for a Serious Offence?

If you are arrested for a serious offence, the investigation may involve longer detention, extensive evidence gathering and more detailed police questioning. You should obtain legal advice as early as possible.

Serious allegations can include:

• Serious violence
• Sexual offences
• Drug supply
• Robbery
• Burglary
• Fraud
• Weapons offences
• Other indictable offences

The seriousness of the allegation does not remove your legal rights.

What If I Am a Child or Vulnerable Person?

Children and vulnerable people can have additional safeguards when arrested and detained by the police. An appropriate adult may need to be involved in relevant circumstances.

If you are concerned about the treatment of a child or vulnerable person in custody, tell the custody officer and ask for legal advice.

What Should I Do If I Have Been Arrested?

If you have been arrested, remain calm, ask for legal advice and avoid making important decisions about your police interview without understanding your legal position.

You should:

• Ask why you have been arrested.
• Ask for a solicitor.
• Tell the police if you need medical attention.
• Tell your solicitor the full circumstances.
• Listen carefully to the advice you receive.
• Avoid discussing the allegation unnecessarily with other people.
• Keep any paperwork given to you by the police.
• Tell your solicitor if you believe your rights have not been respected.

Can Moeen & Co. Solicitors Help After an Arrest?

Yes. Moeen & Co. Solicitors provides criminal defence advice and representation for people who have been arrested, investigated or interviewed by the police in London.

Our criminal defence team can assist with:

• Police station representation.
• Advice following arrest.
• Police interviews.
• Police bail.
• Criminal investigations.
• Voluntary interviews.
• Magistrates' Court proceedings.
• Crown Court proceedings.

Early legal advice can help you understand your position and make informed decisions before important steps are taken in the investigation.

Need a Criminal Defence Solicitor?

If you have been arrested or asked to attend a police station, contact Moeen & Co. Solicitors on 0203 959 7755 for criminal defence advice and representation.