Being arrested

What does it mean to be arrested?

Being arrested means police are taking away your freedom of movement under a legal power. You are not free to leave.

Police should tell you that you are under arrest and explain, in language you can understand, why they are arresting you as soon as practicable. You do not need to be told the exact legal wording or eventual charge, but you should be told the substance of what police say you have done.

Being arrested does not mean you are guilty or that you will be charged.

When can police arrest someone?

Police do not need an arrest warrant in every case. Under section 24 of the Police and Criminal Evidence Act 1984 (PACE), an arrest without a warrant normally requires two things:

The reasons include finding out or confirming a person’s name or address; preventing harm, damage, public decency offending or obstruction; protecting a child or vulnerable person; allowing a prompt and effective investigation; or preventing someone from disappearing before prosecution.

Arrest must not be used simply because it is more convenient than another option. Other arrest powers can apply in particular circumstances, including under a warrant, for breach of the peace, or for breach of bail or a court order. The legal basis and safeguards depend on the particular power being used.

Read more about police powers of arrest.

What should I do if police say I am under arrest?

Try to stay calm. Do not physically resist or obstruct police, even if you believe the arrest is wrong. You can obtain legal advice about what happened afterwards.

If it is safe to do so, you can ask:

Tell police immediately if you need medical help, prescribed medication, an interpreter, communication support, or an appropriate adult because you are under 18 or may be vulnerable.

Police may use force only where it is lawful, necessary and reasonable in the circumstances. Handcuffs are not automatic. Their use must be justified, for example by a risk of harm, escape or interference.

What happens at the police station?

If you are taken to a police station, a custody officer must consider whether there is enough evidence to charge you and whether it is necessary to keep you in detention.

You should be given information about your rights, including a written notice of rights and entitlements. You can ask for an explanation in plain language.

Your custody rights include:

The normal maximum period of detention without charge is 24 hours, although strict legal extensions can apply in some cases. See GOV.UK: how long you can be held in custody and GOV.UK: rights in custody.

Can I speak to a solicitor?

Yes. You can ask to speak to a solicitor privately and free of charge. You can ask police to contact a solicitor of your choice or ask for the independent duty solicitor on call. The duty solicitor does not work for the police.

You can change your mind and ask for legal advice later, even if you initially said you did not want it. Do not decide whether to answer police questions without speaking to a solicitor first.

The usual rule is that, if you ask for legal advice, police should not interview you until you have had the opportunity to speak privately to a solicitor. There are narrow legal exceptions in particular serious cases, but these are not routine. Read more about legal advice at the police station.

Can police search me or take my property?

Police may have power to search you after arrest, but the power, scope and purpose depend on the circumstances. A search may be for items that could cause harm, help someone escape, or be evidence relating to an offence.

Police may also have powers to search premises after a lawful arrest. For example, different rules can apply to a search of the place where someone was arrested and to premises they occupy or control.

Ask officers:

Tell police immediately if property may contain legally privileged communications with a solicitor, confidential information, journalistic material or sensitive personal information. Do not destroy, hide, alter or delete any material.

For further information, see PACE Code B: entry, search and seizure.

Will police interview me?

Police may interview you after arrest. You do not have to answer police questions. Before deciding what to do, ask to speak to a solicitor.

You may answer questions, give a prepared statement, answer some questions or make no comment. The best option depends on the allegation, the information police have, your circumstances and the legal advice you receive.

If police question you as a suspect, they will normally give you the caution:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

This interview caution is different from a formal, simple or conditional caution. A failure to caution someone when required may affect whether what they say can be used in court, but it does not automatically decide the issue. A court considers the fairness of the evidence in all the circumstances.

Read the Criminal Justice Hub guide to police interviews.

What is a formal or conditional caution?

A simple caution or conditional caution is an out of court disposal. It is different from the caution police usually give before questioning a suspect.

Accepting a simple or conditional caution involves admitting the offence. A conditional caution may require you to comply with conditions, such as making reparation, attending a programme or paying a financial penalty. If you do not comply, police or prosecutors may consider prosecuting you for the original offence.

A caution is not a conviction, but it may be retained by police and may be relevant to some criminal record checks. Get legal advice before accepting one.

What happens when police release someone?

After arrest, police may:

If you are released on bail, read the paperwork carefully. Bail conditions can restrict where you go, who you contact or what you do. Follow the conditions until they are changed or end. Ask a solicitor to explain them if you are unsure.

Being released does not necessarily mean the investigation has ended.

Will an arrest appear on my criminal record?

An arrest is not a conviction. Nor is it proof of guilt.

Outcomes such as no further action, release under investigation and a community resolution are different from a conviction. However, police may retain information about an arrest or investigation. In some circumstances, information held by police can be relevant to an enhanced criminal record check or other vetting process.

The rules are complex. Get legal advice if police record information may affect employment, voluntary work, study, travel, immigration status, professional regulation or a DBS application.

Children and vulnerable adults

Police must take extra care where someone is under 18 or may be vulnerable. Vulnerability can arise because of a mental health condition, learning disability, autism, brain injury, dementia, communication difficulty, intoxication, medication, serious distress or another condition affecting understanding or participation.

A child or vulnerable adult may need an appropriate adult during police custody and important procedures. An appropriate adult supports understanding, communication and fairness. They do not replace a solicitor.

Tell police immediately about any health, medication, disability, communication, language or safeguarding need. Ask for an appropriate adult, interpreter, medical attention, a break or another adjustment where needed.

Read the Criminal Justice Hub guide to children and vulnerable adults in police custody and GOV.UK guidance for appropriate adults.

If you think police acted wrongly

Do not physically resist an arrest or search. Preserve information that may later be important:

You can complain to the police force about officer or staff conduct. The Independent Office for Police Conduct oversees the complaints system, but most complaints are initially handled by the relevant police force. A complaint does not replace urgent legal advice about detention, bail, evidence, property or a possible claim.

Read the IOPC guide to the police complaints process.

Further information

Important

This information applies to England and Wales. It is general information, not legal advice. If you are arrested, ask to speak to a solicitor as soon as possible. Tell police immediately if you need medical attention, medication, an interpreter, communication support or an appropriate adult.