What to Do If Someone Is Arrested at the Police Station
- Details
Being arrested is a distressing experience, whether you’re the one facing the situation or a family member or friend trying to help. Once the police arrest someone, they lose some of their freedoms—at least temporarily—and enter a complicated legal process where missteps can have serious consequences. Knowing what to do, how to respond, and where to get help can enormously affect the outcome.
This blog aims to break down the key steps and considerations once someone is arrested at a police station, explaining the rights of the person in custody, the role of legal support, the typical police procedures, and strategies to ensure the best possible resolution. We’ll also clarify exactly how our firm can step in, from providing immediate representation during interviews to guiding individuals through post-release questions about bail, charging decisions, or “no further action” outcomes.
Table of Contents
1. Understanding the Arrest Process
An arrest happens when the police have “reasonable grounds to suspect” that an individual has committed, is committing, or is about to commit a criminal offence. While arrests can occur anywhere—on the street, at a home or workplace—this blog focuses on what happens if someone is effectively taken into custody and brought to or held at a police station.
Key Points About the Arrest Process:
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Informing the Person: The police must inform the arrested individual that they are under arrest, the reasons for the arrest (what offence or suspicion), and the legal basis.
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Transport to the Station: Once arrested, they’re typically transported to a police station for booking and further questioning if needed.
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Importance of Being Calm: While shocking, maintaining calm and cooperating physically—without admitting guilt or unnecessarily answering questions—can prevent additional complications.
20 Questions Police May Ask During A Voluntary Police Interview & What They Mean
2. Your Rights Once Arrested
Once at the police station in England and Wales, an individual in custody (sometimes referred to as the detainee or suspect) has several important rights:
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Right to Legal Advice:
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They can request free legal advice from the duty solicitor or choose their own solicitor. This is crucial and should never be waived.
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Right to Have Someone Informed of Their Arrest:
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They can ask the police to inform a friend, family member, or someone who might be concerned about their whereabouts.
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Right to Consult the Police Codes of Practice:
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The detainee can read the PACE (Police and Criminal Evidence Act) Codes of Practice, which govern how police must treat people in custody.
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Right to Silence (With Some Nuances):
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They do not have to answer police questions, but there can be implications if they later rely on something in court they didn’t mention when questioned. A solicitor can advise on whether to speak or remain silent during interviews.
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Adequate Treatment and Care:
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They should be offered food, drink, and rest as needed, especially if detained for a longer period.
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If they are vulnerable or under 18, they’re entitled to additional support, like an appropriate adult being present.
Note: The custody sergeant records these rights on arrival. Anyone arrested should confirm they’ve been told about them and exercise them, particularly the right to legal advice.
20 Questions to Ask at the End of a Police Interview
3. Communicating with Family or Friends
One question that arises is how others find out that someone has been arrested and is at a police station. Typically:
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Right to Inform Someone: The arrested individual can request the police to contact a relative or friend to inform them they’re in custody.
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Direct Contact: Some stations allow the detainee to use a phone or pass a message, though this is often controlled.
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Bail or Release: If the suspect is bailed or released, that’s when they can communicate more freely.
For family or friends:
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They can try calling local police stations or 101 to locate the detainee, but the station might not confirm details unless the detainee consents.
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They can recommend a solicitor to the detainee, but the detainee himself must request that solicitor at the station.
What Happens If You’re Charged with a Felony But Not Convicted?
4. The Role of a Solicitor
A solicitor is the detainee’s best ally in ensuring their rights are protected and they don’t inadvertently incriminate themselves. The solicitor can:
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Advise Before Interview: A solicitor can discuss the evidence known (from police disclosure), ask for further clarification on disclosure from police officer and propose strategies: answering questions, providing a prepared statement, or exercising the right to silence. Explain the potential consequences of providing or withholding information.
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Understanding Allegations:
Review the charges or allegations against the suspect.
Ask for clarity over disclosure of the evidence, as the police have to justify the interview.
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Assessing Evidence:
Evaluate the strength of the evidence provided by the police.
Advise the client on how to respond to the evidence during the interview.
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Be Present During Questioning:
Attend the police interview with the suspect to ensure it is conducted fairly.
Object to improper questioning or leading questions by the police.
Advise the client when to answer, refuse to answer, or provide a prepared statement.
Ensure the suspect is not coerced or pressured into making statements or confessions.
Monitor the interview to identify and challenge any breaches of police procedures.
They prevent improper or aggressive questioning. They can also prompt the detainee to refrain from speculation or guesswork that might create inconsistencies.
Ensuring Compliance with PACE:
Ensure the police comply with the Police and Criminal Evidence Act 1984 (PACE), which governs the conduct of police interviews and detention.
Challenge Unfair Treatment or Breaches of Procedure: If the police try to denybreaks, force confessions, or skip required procedures, a solicitor intervenes.
Drafting Statements:
Help the suspect draft a prepared statement if necessary.
Protecting the Client’s Welfare
Monitoring Treatment:
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Ensure the client is treated properly while in custody, including access to food, water, and medical care.
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Challenge any mistreatment or breaches of custody procedures.
Assessing Vulnerabilities:
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Identify if the client has vulnerabilities such as mental health issues or language barriers and ensure appropriate accommodations are made (e.g., arranging for an appropriate adult or interpreter).
Making Bail representations:
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Advocate for the release of the client on bail if appropriate.
Strategic Decision-Making
Minimizing Self-Incrimination:
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Guide the suspect to avoid inadvertently incriminating themselves.
Negotiating with Police:
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Engage with police officers to negotiate the terms of the interview or seek a resolution to the case without formal charges.
Preparing for Future Legal Proceedings:
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Gather information during the police station process to prepare for potential court proceedings.
Advising on Cautions:
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Advise whether the client should accept or reject a police caution if offered.
Post-Interview Role
Evaluating Outcomes:
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Advise the client on the next steps following the interview, such as release without charge, charge, or further investigation.
Challenging Police Action:
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Advise the client on challenging unlawful detention or breaches of their rights during custody.
Following Up:
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Liaise with the police or Crown Prosecution Service (CPS) regarding further developments in the case.
Providing Reassurance:
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Support and reassure the client during a potentially stressful process.
Having a solicitor is not an admission of guilt; it’s a safeguard. The detainee should always consider having one, whether they’re innocent or not. This is crucial.
How Can a Solicitor Help You in a Caution Plus 3 Interview?
5. Procedures at the Police Station: Booking and Custody
Upon arrival at the station, the arrested individual goes through a “booking” or custody process overseen by the custody officer:
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Recording Personal Details: Name, address, date of birth, contact information.
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Taking Fingerprints, DNA, and Photographs: Typically routine for serious arrests or certain categories of offences.
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Searching Belongings: The suspect’s personal items (phone, wallet, keys) are often confiscated for safekeeping until release.
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Custody Record Creation: Everything is recorded in the custody record—the detainee can request to see it.
Conditions in Custody:
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The detainee is placed in a cell.
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They’re entitled to basic comfort: food, water, toilet access, and possible bedding for longer stays.
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Vulnerable detainees (under 18, mental health concerns) require additional safeguards.
What Happens After a Voluntary Police Interview: A Layman’s Guide
6. Police Interviews and Questioning
Initial Police Disclosure
Before the interview, the solicitor can ask for “disclosure”—a summary of the case’s key elements: the alleged offence, any evidence, or statements the police hold. While it might be limited, it helps the solicitor decide on the best approach.
Interview Approach
During the interview:
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Caution: The police read the suspect the formal caution (e.g., “You do not have to say anything…”). The caution clarifies the right to remain silent and warns about potential implications.
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Questioning: Officers ask about the suspect’s knowledge, involvement, or version of events.
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Solicitor Input: The solicitor can intervene if questions become unfair, repetitive, or leading. They cannot, however, instruct the detainee on every question in real time, but can advise them to request a break if needed.
Possible Strategies
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Answer Some or All Questions: If innocence can be demonstrated, giving a clear account might help.
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No Comment: If the evidence is unclear or the police might try to twist responses, “no comment” can protect from self-incrimination.
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Prepared Statement: The solicitor may advise reading a short statement that addresses key points, then refusing to answer other questions.
What to Do When You Are on Bail but Not Charged: A Comprehensive Guide
7. Possible Outcomes Post-Arrest
After the interview(s) and investigation, the police decide whether to release the detainee, continue holding them, or proceed to charge. Typical outcomes:
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No Further Action (NFA): If insufficient evidence exists or the matter is resolved, the detainee is released without charge.
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Release Under Investigation (RUI): The detainee goes free but remains under investigation, with no immediate final decision on charges.
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Police Bail: The detainee is released on bail with specific conditions (like curfew or no contact with certain people). They must return on a set date.
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Charged with an Offence: If the evidence is deemed sufficient for a realistic prospect of conviction and it’s in the public interest, they might be charged, leading to court appearances.
Voluntary Police Interview - What to Do When Police Call You for an Interview
8. Bail and Bail Conditions
Police Bail
If the suspect is charged or if the police need more time to gather evidence, the detainee could be granted bail. Bail means:
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They can leave the station temporarily.
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They must follow conditions (like living at a certain address, not contacting witnesses, possibly a curfew, or surrendering a passport).
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They must return on the specified date for further questioning or to appear in court.
Breach of Bail Conditions:
Breaching these conditions can lead to arrest and potential remand in custody. So, it’s essential to understand and comply meticulously.
Court Bail
Once charged and sent to court, a magistrate or judge decides whether to grant bail or remand the person in custody until trial. The court may also impose conditions similar to police bail.
Voluntary Police Interview: What Happens if You Don’t Attend?
9. Release Under Investigation (RUI)
If the police haven’t decided to charge or close the case, they may release the suspect “under investigation.” This means:
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The suspect is free from immediate custody but remains under suspicion.
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No formal bail conditions typically apply, but the police can still re-contact them.
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There’s no set timescale, leading to anxiety about indefinite waiting.
Practical Advice:
If released under investigation, the suspect should maintain contact with their solicitor, remain in touch with his solicitors, and avoid interfering with potential evidence. Any re-arrest could happen if new or stronger evidence emerges.
10 Mistakes to Avoid During a Caution Plus 3 Interview: Protecting Your Rights and Business
10. Charged and Going to Court
If the police believe there is enough evidence, they charge the suspect. Next steps:
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Court Summons or Bail Date: The suspect will be informed of the date they must appear before the Magistrates’ Court.
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Solicitor Representation: It’s crucial to have legal representation if charged, especially if it may proceed to the Crown Court for serious matters.
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Plea: At the first court hearing, the suspect (now defendant) enters a plea—guilty or not guilty.
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Trial Process: For not-guilty pleas, a trial date is set. If guilty, sentencing occurs.
Convictions for serious offences can result in lengthy prison terms, fines, or other penalties. Hence, the arrest stage’s handling is critical to building a viable defence.
Police Bail vs Released Under Investigation: What You Should Do Next
11. No Further Action (NFA)
If the police or the CPS conclude there’s not enough evidence, it is deemed that there is no realistic prospect of conviction, or it is not in the public interest. The suspect is released without charge. That’s a relief, but the arrest record can remain. Some people consider applying for records to be deleted, though this should be straightforward.
Note: Being told “No Further Action” doesn’t guarantee the case can’t reopen if new evidence emerges. Still, it’s the best immediate outcome from the suspect’s perspective at that stage. The Police can always see your detailed arrest history.
12. Scenarios That May Arise
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Early Morning Arrest, Quick Release:
The suspect is arrested at 7 am, questioned for a few hours. After the interview, the police decide not to proceed. The suspect is out by midday with NFA. It’s unsettling, but no charges. -
Complex Financial Investigation:
The suspect is arrested, and interviews last multiple days with complicated questions. They’re eventually “Released Under Investigation” while police gather more data. The suspect lives in limbo for months. -
Immediate Charge After Confession:
If the detainee admits wrongdoing during the interview, they might be charged swiftly. They could be placed on police bail or even remanded in custody if it’s serious. -
Bail Condition Dispute:
The police impose curfew times the suspect finds unworkable for their job. Negotiations happen with the solicitor’s involvement. Possibly, conditions are relaxed, or the suspect must comply to avoid a breach.
13. The Emotional Toll and Practical Advice
Arrest can be traumatic for the suspect and worrying for family or friends. Some tips for coping:
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Keep Calm: Emotional outbursts or aggression can worsen the situation.
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Trust Professional Support: Lean on your solicitor for guidance—don’t attempt to handle complex legal issues alone.
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Document Everything: If you recall details about your timeline or have receipts, text messages, or witnesses, gather them for potential future use.
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Focus on Next Steps: Dwelling on the shock is natural but being proactive—understanding possible outcomes and preparing for them—helps reduce stress.
14. How Our Firm Can Help
Immediate Representation:
Our firm provides urgent legal advice to anyone who’s been arrested. As soon as you or a loved one is taken into custody, you can request our solicitors. We offer:
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24/7 Availability: If you’re in custody at 2am or 2pm, we can attend or advise the detainee.
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Interview Guidance: We review police “disclosure,” strategise on answering questions or issuing “no comment.” Minimising self-incrimination is vital.
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Ensure Proper Treatment: We challenge any improper police conduct, from overly long detention to denial of necessary medical attention or rest.
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Bail and Post-Interview Support: If released under investigation or on bail, we stay involved, guiding you on bail conditions, collecting evidence for your defence, or continuing negotiations with the police or CPS.
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Case Building if Charged: If charges are brought, we shift into defence mode—engaging experts, analysing evidence, and developing robust representation for court.
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Empathy and Clear Communication: We realise the emotional strain. Our solicitors keep you informed at every stage, ensuring you understand your options and possible outcomes.
There are several ways to contact our solicitors based in Hayes, London:
- Phone - Call us on 0203 959 7755
- Email us - info@moeenco.com
- Online - Fill in our online enquiry form
- Visit our office - Room 1, The Winning Box, 27-37 Station Road, Hayes UB3 4DX
We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre.
15. Frequently Asked Questions
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Do I really need a solicitor for a police interview if I’m innocent?
Yes. Even innocent statements can be misinterpreted, and having a solicitor ensures your rights are protected, and you don’t inadvertently harm your case. Sometimes, people are questioned for an offence, but they may implicate themselves in some other offence. -
Can the police keep me at the station indefinitely?
There are limits on how long you can be held without charge (usually 24 hours, extendable to 36 or 96 hours for serious offences with approval). A custody officer must review your detention regularly. -
If I refuse to answer questions, does that automatically make me look guilty?
Not necessarily. While silence may lead to adverse inferences in some circumstances, a solicitor can explain when “no comment” is wise. UK law does allow for an inference if you later rely on a defence you failed to mention in the interview, but that’s not always conclusive. -
What if the police don’t let me contact anyone while at the station?
Normally, you can request that someone be informed of your arrest. If they deny this, they need exceptional grounds (like preserving evidence). Consult a solicitor if you suspect unfair denial of your rights. -
Can I get compensation if I was arrested and later found innocent?
Being found innocent or receiving no charges doesn’t guarantee compensation. If the arrest was lawful (with probable grounds), typically, no compensation is owed. If you believe there was a wrongful arrest, consult a solicitor to see if a complaint or claim is viable. -
Can I bring a friend to the interview for support?
Generally, only a solicitor or an “appropriate adult” (if you’re under 18 or vulnerable) is permitted in the interview. A friend might wait outside. -
If the police keep my phone or laptop, when will I get it back?
If they seize items as evidence, they may hold them until they conclude examinations. This can be weeks or months. Your solicitor can press for returns if it’s not needed any longer. -
Am I guaranteed bail after arrest?
Not necessarily. For serious offences or if you pose a flight risk, the police might keep you in custody or recommend remand. Each case is assessed on risk factors, criminal history, and the nature of the alleged offence. -
Does an arrest show up on a DBS check if I’m not convicted?
Standard DBS checks typically show only convictions or cautions, but enhanced checks can sometimes reveal non-conviction information if deemed relevant. Your solicitor can advise on how to address that possibility.
16. Conclusion
Dealing with an arrest at the police station can be overwhelming and stressful, not just for the detained individual but also for friends or relatives on the outside. Understanding the process—your rights, the role of a solicitor, the range of possible outcomes—and taking calm, informed steps can go a long way toward protecting your interests and ensuring fair treatment.
If arrested, consider these critical points:
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Seek Legal Representation Immediately: Request a solicitor. It’s your right, and it’s free for police station representation.
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Maintain Composure: Don’t panic. Cooperate physically but be mindful of your words.
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Utilize the Right to Silence Wisely: On solicitor advice, you might answer or remain silent. There’s no universal one-size-fits-all approach—get professional counsel.
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Understand Post-Interview Outcomes: RUI, bail, charge, or NFA—each has different implications, so stay informed.
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Plan Long-Term: If you’re under suspicion or charged, gather evidence, keep track of details, and rely on your solicitor for strategic advice.
Ultimately, knowledge and preparedness make a significant difference. Our firm stands ready to offer immediate, empathetic, and robust legal support. We ensure your rights are preserved, guide you through each stage—whether you’re on bail, under investigation, or charged—and strive to achieve the best possible resolution for your case.
Legal Disclaimer
The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.