Being arrested can be a stressful and unsettling experience, particularly if you are unfamiliar with your legal rights, the procedures that follow, what is expected of you, or how your actions may affect the outcome of your case. Moreover, criminal allegations can have immediate and life-changing consequences, affecting your personal liberty, reputation, professional standing and financial security. For this reason, it is essential – and your statutory right – to seek the advice of an independent criminal defence solicitor in London as soon as possible following your arrest.
Key Rights and Entitlements
If you are arrested in the UK – whether at the scene of the crime, at your home or workplace, or after attending the police station voluntarily – you are entitled to a number of fundamental statutory protections, including the right to an interpreter or access to medical assistance if you are unwell or injured. Moreover, you have the right to the following:
- Free legal advice: If you are arrested, you are entitled to free legal advice at any time whilst in police detention. This right is available to everyone and is not subject to a means test. You may request the duty solicitor or ask the police to contact your own criminal lawyer in London.
- Remain silent: Before questioning, the police must caution you: “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.” Depending on the circumstances of your case, your criminal defence solicitor in London may advise you to respond “no comment” during a police interview until you have received private legal advice.
- Inform someone: If you are detained, you have the right to request that the police notify one person, such as a family member, friend or employer, that you are in police custody.
- View Codes of Practice: If you are arrested, you have the right to consult the Police and Criminal Evidence Act (PACE) Codes of Practice, which set out the powers and procedures that the police must follow when exercising their statutory duties.
- An appropriate adult: If you are under the age of 18 or are considered a vulnerable adult, the police must arrange for an appropriate adult to be present to safeguard your rights, interests and welfare throughout the process.
What Happens After Your Arrest at the Police Station?
Once you are arrested, the following might happen at the police station:
- Record details: The custody office will record your details, take your fingerprints and a photograph, and log your personal property.
- Search: The police may require you to remove more than your outer clothing to conduct a lawful search. Any personal belongings taken from you will be securely retained by the custody officer during your detention.
- Interview: You may be interviewed under caution, which means the police suspect you of having committed a criminal offence. The interview is a formal, audio-recorded process used to obtain evidence, assess the strength of the case, and determine whether any further action, including criminal charges, should be taken.
- Detention: The length of time you may be detained depends on the nature of the alleged offence. In most cases, you may be held for up to 24 hours, although this can be extended to 36 hours with the authorisation of a police superintendent. For more serious offences, a Magistrates’ Court may authorise further detention of up to 96 hours.
How Can a Defence Solicitor Help You?
A qualified criminal defence solicitor acts independently of the police and will provide independent legal advice while safeguarding your rights and interests throughout your time in police custody. Moreover, they can help you by doing the following:
- Review the disclosure: If you are arrested and detained, the police are required to inform you of the reasons for your arrest and the legal grounds for your detention. Your solicitor will seek disclosure of the information and evidence relied upon by the police to assess whether your arrest and continued detention are lawful and justified.
- Pre-interview consultation: Here, the importance of obtaining legal representation at the earliest opportunity must be emphasised again. Before any police interview, your solicitor will meet with you in private to discuss the information disclosed by the police, explain the allegations, and provide clear, tailored advice on the most appropriate approach to the interview.
- Ensure fair procedures: During the police interview, your solicitor will monitor the questioning to ensure that it is conducted fairly, that the police comply with the relevant legal and custody procedures, and that your legal rights are upheld at all times.
Do You Require the Services of a Criminal Defence Solicitor?
Every criminal case is unique, making it essential to understand your legal rights and seek advice from an experienced criminal defence solicitor in London at the earliest opportunity. If you have been arrested or require ongoing legal representation, contact GSP Law. Our team will support you throughout every stage of the process, providing clear and practical legal advice, responsive communication, and robust representation tailored to your individual circumstances.
