What to Do If You Get Arrested at a Protest?

Getting arrested during a protest can be an intimidating experience, but understanding your rights and knowing what steps to take can make the process smoother and help protect your interests.

Whether you're attending a peaceful protest or advocating for change, remember to stay calm, stay informed, and, most importantly, seek legal advice immediately if you're arrested.

You have the right to remain silent and not answer questions that may incriminate you. Always answer "No Comment" to the police until you've had legal advice from a specialist criminal defence solicitor with expertise about protests.

If arrested at a protest, stay calm, do not argue with the police, and contact Moeen & Co. Solicitors at 0203 959 7755 for expert advice and representation.

Table of Contents

Is Protesting in the UK Illegal?

Protesting in the UK is not illegal. In fact, the right to protest is protected by law through Articles 10 and 11 of the European Convention on Human Rights, which are incorporated into UK law.

 These articles guarantee the freedom of expression and the right to peaceful assembly, ensuring that individuals can engage in protests without fear of unlawful restriction, as long as the protest remains peaceful.

What is the Difference Between a Protest and a Demonstration?

While we often hear the terms protest and demonstration used in the same breath, there are some subtle differences between the two. A protest is often more about challenging something you oppose, while a demonstration is about showing support for a cause.

Protest

• A protest is a public expression of disagreement or disapproval, typically aimed at political or social issues.
• The main goal is to challenge something perceived as wrong and demand change.
• Protests can vary in size, from small gatherings to large events.
• Common methods include signs, chants, and civil disobedience to raise awareness.
• Protests are often peaceful, but tensions may rise if there's strong opposition.

Demonstration

• A demonstration is a public display of support for or opposition to a cause.
• It's a way to show solidarity and belief in a specific issue.
• Demonstrations are usually more structured and peaceful than protests.
• Participants gather to march, rally, or stand in support, aiming to inspire change.
• Demonstrations focus on unity and showcasing widespread passion for an issue, rather than confrontation.

What to Expect When You're Arrested at a Protest

If you're arrested at a protest, there are certain protocols the police must follow. Understanding these steps can help you know what's coming next.

The police are required to:

1. Identify Themselves: They must let you know they are the police.
2. Inform You of the Arrest: They must explain that you're being arrested and the specific crime they suspect you've committed.
3. Explain the Necessity of the Arrest: They must provide a reason for why it's necessary to arrest you.
4. Tell You You're Not Free to Leave: They should clearly inform you that you cannot leave.

Your Rights During and After Arrest at a Protest

As soon as you're arrested at a protest, your rights become critical to protecting yourself and ensuring you're treated fairly by the police. Here's a breakdown of what to expect:

1. Right to Legal Advice

You have the right to free legal advice at any police station. If you are being questioned, you can request the duty solicitor who is available 24/7 or ask the police to contact Moeen & Co. Solicitors at 0203 959 7755 or emergency helpline 07853 017746.

Our duty solicitor can provide essential guidance and help you understand the best way to proceed, whether that's by providing a statement or staying silent.

2. Right to Remain Silent

When you're arrested, you are not required to answer any questions except for providing your details. "No comment" is a powerful and legally protected response to police questions. It's often best to stay silent and wait for legal advice before engaging in any questioning.

3. Medical Attention

If you feel unwell or need medical assistance during your detention, you have the right to receive medical care. The police are responsible for ensuring your health and safety while in their custody.

4. Right to Contact Someone

You can tell the police where you are and inform a friend, family member, or lawyer of your arrest. This is important so someone can advocate for you if necessary.

5. Search and Personal Items

The police have the right to search you and your personal items during the arrest. Your possessions will be held in custody, and they can be returned to you when you're released, or they may be used as evidence.

What Happens After Your Arrest?

Once arrested, you will likely be taken to a police station, where you may be held for questioning. Here's what typically happens next:

1. Custody Process

The police will complete a custody record, noting important information such as your identity, any medical needs, and your rights. They may also conduct a risk assessment to determine if you need additional support, such as medical attention or regular welfare checks.

2. Time in Custody

You can generally be held in custody for up to 24 hours before you must be either charged or released. In more serious cases, the police can apply for additional time to hold you, especially if you're suspected of a serious crime like violence or terrorism.

3. Bail and Release

If there isn't enough evidence to charge you, you may be released on police bail. You don't need to pay for this release, but you will have to return for further questioning. If you are charged, you may be released on conditional bail, which could include restrictions like a curfew or travel bans.

How Long Can You Be Held in Custody?

• Up to 24 hours: The police can hold you for 24 hours before charging or releasing you.
• Extended Detention: For serious crimes, they can apply to hold you for up to 36 or 96 hours.
• Terrorism Cases: If arrested under the Terrorism Act, you can be held without charge for up to 14 days.

Important Tips to Keep in Mind When You're Arrested at a Protest

Always ask for a solicitor before answering any questions. You have the right to remain silent, and this can protect your defence if you go to court.

You are entitled to specific protections under the law, including not being mistreated during detention. If you feel your rights are being violated, make a note of it and seek legal advice.

If you are under 18 or considered vulnerable (e.g., due to mental health issues), an appropriate adult should be present during your questioning. This could be a parent, guardian, or social worker.

Why You Need a Criminal Defence Solicitor After a Protest Arrest

If you get arrested at a protest in the UK, a criminal defence solicitor plays a vital role in protecting your rights and guiding you through the legal process. Here's how we can help:

Providing Legal Advice

Our criminal defence solicitor can offer you free, independent legal advice from the moment you're arrested. We'll explain your rights, including whether you should answer police questions or remain silent. We will advise you on the best course of action to take to protect yourself.

Ensuring Fair Treatment

Our solicitor ensures that the police treat you fairly and in line with the law. We will monitor whether your rights are upheld, such as ensuring you're not held longer than legally allowed or that you're not subjected to unfair questioning.

Representing You in Police Interviews

Our solicitor can attend police interviews with you, ensuring you don't say anything that could be used against you later. We can help you give a "No Comment" interview, which may be in your best interest in many cases.

Handling Bail and Court Procedures

If you're released on bail, our criminal defence solicitor will help you understand any conditions you may face. If your case goes to court, we will represent you, help you understand the legal charges, and work on your defence to secure the best possible outcome.

Protecting Your Interests

Whether you're charged or given a caution, our criminal defence solicitor ensures that your best interests are protected. We will help you navigate complex legal processes, ensuring you understand every step and your rights at each stage.

Specialist Knowledge of Protest Laws

Our criminal defence solicitors specialise in protest law and can offer expert advice tailored to the unique circumstances of your arrest. We understand the potential consequences of being arrested at a protest and can provide strategies specific to protest-related charges.

If you're arrested at a protest, don't hesitate to contact our criminal defence solicitor at 0203 959 7755. We'll ensure that your legal rights are upheld and provide guidance on the best steps to take moving forward.

Contact Moeen & Co. Solicitors If You're Arrested at a Protest

If you're arrested at a protest, contact Moeen & Co. Solicitors now at 0203 959 7755 for urgent legal advice and police station representation.

No matter where you are, our team of expert criminal defence solicitors based in Hayes, London, offers 24/7 police station representation throughout the UK.