What are your rights after an arrest?

Whether you have been arrested for drug-related offences or manslaughter, when you are in the police station, you need to understand your rights.

Being arrested is often a frightening and overwhelming time, especially if this is your first encounter in a police station. However, understanding your rights can make a significant difference to your case.

Your rights upon arrest

The police must first inform you that you are under arrest and give you the reasons or grounds for your arrest.

At this point, you are not formally charged with an offence, that will only take place once an investigation has taken place and the Crown Prosecution Service has made a decision on what you will be charged with.

Afterwards, the police must then outline your fundamental rights. The police must give you a spoken arrest caution, which must be read to you (in some variation) before an arrest or any questioning commences.

This is where they say: “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.”

You will then be transferred to a police station.

Your rights at the police station

Once you are in the police station, you will then be booked into custody, asked for personal details, subjected to a risk assessment and informed of your legal rights.

When in the police station, you have the right to gain legal advice from a solicitor. This is where you give us a call!

It is a common misconception that asking for a solicitor makes you look guilty or will delay the process.

Everyone has the right to independent legal advice regardless of the offence they have been arrested for. A solicitor is there to protect your rights, explain the process and make sure you are treated fairly throughout your time in custody.

You also have the right to have someone informed of your arrest. This could be a friend, family member or another person who should know where you are.

In most cases, the police must also provide you with access to the Codes of Practice which explain how they should treat people in custody.

Additionally, you have the right to remain silent during any questioning.

While you are not required to answer police questions, the caution makes it clear that failing to mention something during an interview that you later rely on in court could affect your defence. This is why obtaining legal advice before answering any questions is so important.

What you need to know about interviews

Before any interview takes place, your solicitor can speak with the police to understand the nature of the allegations and the evidence they currently have.

This allows them to advise you on the best course of action before questioning begins.

Police interviews are recorded and anything you say may be used as evidence. Even if you believe you have done nothing wrong, it is important to think carefully before answering questions without legal advice.

Depending on the circumstances, your solicitor may advise you to answer questions, provide a prepared statement or exercise your right to remain silent.

Every case is different, which is why tailored legal advice is essential.

If you are under the age of 18 or are considered vulnerable, you may also be entitled to have an appropriate adult present during your interview to help ensure the process is conducted fairly.

How can we help?

If you, or someone you know, has been arrested, it is imperative to seek legal advice as soon as possible.

Our team of solicitors are here to support you with tailored legal advice depending on your situation.

Getting legal advice at the earliest convenience ensures that your rights are protected during police interviews and throughout the investigation.

Get in touch with our team today for support with your rights upon arrest.