Being arrested: your rights

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1. When you're arrested

If you’re arrested, you’ll usually be taken to a police station, held in custody in a cell and then questioned.

After you’ve been taken to a police station, you may be released or charged with a crime.

The law on being arrested is different in Scotland, different in Northern Ireland, or if you’re arrested abroad.

If you’re under 18 or a vulnerable adult

The police must find an ‘appropriate adult’ to protect your interests, rights and welfare. This includes helping you communicate, making sure you understand your rights, and checking that the police are acting fairly and respecting your rights. They cannot give you legal advice or answer questions on your behalf.

You can speak privately to your appropriate adult at any time.

You can decide whether to have your appropriate adult with you when you speak to a legal adviser.

Read more about what an appropriate adult does.

If you’re under 18

Your appropriate adult can be:

  • your parent, guardian or carer
  • a social worker
  • another family member or friend aged 18 or over
  • a member of a local scheme of trained appropriate adults

The police must also try to contact your parent, guardian or carer to let them know where you are, even if they’re not your appropriate adult.

If you’re a vulnerable adult

Your appropriate adult can be:

  • a relative, guardian or someone responsible for your care
  • someone who’s experienced or trained in your care
  • a member of a local scheme of trained appropriate adults

2. Your rights in custody

The custody officer at the police station must explain your rights. You have the right to:

  • get free legal advice
  • tell someone where you are
  • have medical help if you’re feeling ill
  • see the rules the police must follow (‘Codes of Practice’)
  • see a written notice telling you about your rights, such as regular breaks for food and to use the toilet – you can ask for a notice in your language or an interpreter to explain the notice

You’ll be searched and your possessions will be kept by the police custody officer while you’re in the cell.

If you’re under 18

You should not be put in a cell unless there is nowhere else safe and comfortable at the police station.

You must never be put in a cell with an adult.

If you are female, a female member of staff will look after you.

The police should give you an activity unless they think it’s a risk to your safety and wellbeing. For example, you can ask for a book to read or something to draw or write with.

Your rights when being questioned

The police may question you about the crime you’re suspected of - this will be recorded. You do not have to answer the questions but there could be consequences if you do not. The police must explain this to you by reading you the police 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.”

3. How long you can be held in custody

The police can hold you for up to 24 hours before they have to charge you with a crime or release you.

They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, such as murder.

You can be held without charge for up to 14 days if you’re arrested under the Terrorism Act.

When you can be released on bail

The police can release you on police bail if there’s not enough evidence to charge you. You do not have to pay to be released on police bail, but you’ll have to return to the station for further questioning when asked.

You can be released on conditional bail if the police charge you and think that you may:

  • commit another offence
  • fail to turn up at court
  • intimidate other witnesses
  • obstruct the course of justice

This means your freedom will be restricted in some way. For example, they can impose a curfew on you if your offence was committed at night.

If you’re released under investigation

If you’re not charged with an offence, the police might release you under investigation.

This means you are free to go home and there are no rules you need to follow, but the police will continue to investigate the offence they think you committed. They could arrest you and charge you in the future.

4. Giving fingerprints, photographs and samples

The police have the right to:

  • take photographs of you
  • take fingerprints
  • take a DNA sample, such as from a mouth swab or head hair root
  • swab the skin surface of your hands and arms

They do not need your permission to do this.

The police need both your permission and the authority of a senior police officer to take samples like blood or urine, or to take dental impressions.

This does not apply when they take a blood or urine sample in connection with drink or drug driving.

If you’re under 18 or a vulnerable adult

Your appropriate adult must be with you if you give fingerprints, photographs or samples.

How information is stored

Information from fingerprints and samples is stored in a police database.

You can find out if your information is stored on the police database by getting a copy of your police records from your local police station.

You can only have your personal information removed from the police database if:

  • an offence no longer exists
  • if anything in the police process was unlawful – for example, how you were arrested or detained

Write to your local police force to have your personal information removed from the police database.

5. Legal advice at the police station

You have the right to free legal advice (legal aid) if you’re questioned at a police station. You can change your mind later if you turn it down.

A legal adviser will make sure you know your rights and will explain what’s happening to you.

You must be told about your right to free legal advice after you’re arrested and before you’re questioned at a police station. You can:

  • ask for the police station’s ‘duty solicitor’ – they’re available 24 hours a day and independent of the police
  • tell the police you would like legal advice – the police will contact the Defence Solicitor Call Centre (DSCC)
  • ask the police to contact a solicitor, such as your own one

You may be offered legal advice over the phone instead of a duty solicitor if you’re suspected of having committed a less serious offence, such as being disorderly. The advice is free and independent of the police.

If you’re under 18 or a vulnerable adult

Your appropriate adult can arrange for you to get legal advice even if you do not want it.

Once you’ve asked for legal advice, the police cannot question you until you’ve got it – with some exceptions.

The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.

The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected terrorism).

You have the right to free legal advice if you are questioned by the police.

6. Complaining about your treatment by the police

Contact the police force you want to complain about or call 101 if you’re unhappy about how the police have treated you.

If you’re complaining about the treatment of a child under 18, you can also contact the Children’s Commissioner for England or the Children’s Commissioner for Wales.

You can also ask your local Citizens Advice for advice.

Police forces must refer certain types of complaints to the Independent Office for Police Conduct (IOPC).