Being arrested: your rights
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.”