What to expect when you are taken into police custody

Our criminal defence experts are about to explain the process of being taken into police custody so that should you ever find yourself in the situation where you have been arrested or taken to a police station that you will know what to expect.

When you are arrested

When you are arrested, you will usually be taken to a police station, where the police will hold you in a cell and then question you regarding the crime you are alleged to have committed.

When you arrive at the station the custody officer at the police station will explain your rights to you. You have the right to:

• Have a solicitor and to talk to them in private.
• To tell someone where you are.
• Seek medical assistance if you are feeling unwell.
• See the rules that the Police must follow in their Code of Practice.
• Be presented with a written copy of your rights – e.g. regular breaks for food, toilet use etc.
• You can ask for your rights to be given in your main language or an interpreter to explain them.

You will also be searched in the custody suite and all your possessions including belts and shoelaces held by the custody officer while you are in the cell.

Under 18’s and vulnerable people

If you are under the age of 18 or a vulnerable person the police must try to contact your parent, guardian or carer and find an ‘appropriate adult’ to come to the station to help you and be present during questioning and searching.

An appropriate adult can be your parent, guardian, carer, a social worker, another family member, or friend aged over 18 or even an adult volunteer.

How long can you be held in police custody?

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

However, they can apply to hold you for up to 36 or 96 hours if you are suspected of a more serious crime, such as murder.

If you are arrested under the Terrorism Act, the police can hold you for up to 14 days without charging you.

Police questioning

It is likely the police will choose to question you in a recorded interview about the crime you are suspected of committing.

You do not have to answer the questions but there could be consequences further down the line in any court case if you refuse to answer any questions initially.

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.”

You will have been informed of your right to legal advice when you first arrived at the station. Once you have asked for legal advice, the police cannot question you until you have received it, except in serious cases, where they can make you wait for legal advice, 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).

We advise all our clients to maintain their right to silence until they have sought legal advice.

Photographs, Samples and Fingerprints

When you are arrested the police have the right to take photographs of you as well as taking your fingerprints and a DNA sample (from a mouth swab or head fair root), as well as swab the skin surface of your hands and arms. All without needing your permission.

However, if they wish to take samples such as blood, urine, or dental impressions they need both your permission and the authority of a senior officer. This does not apply when they take a blood or urine sample in connection with drink or drug driving.

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

Being charged or bailed

If the police believe there is enough evidence to prosecute you, you will be given a ‘charge sheet’. This sets out the details of the crime you are being charged with.

The police will decide if you:

• Can go home until the court hearing – but may have to follow certain rules, known as ‘Bail’
• Are to be kept in police custody until you are taken to court for your hearing

You can be released on conditional bail if the police charge you but wish to restrict your freedom in some way and think that you may commit another offence, fail to turn up at court, intimidate other witnesses or obstruct the course of justice.

If the court decides to put you on remand it means you will go to prison until your hearing at a magistrates’ court. You will probably be put on remand if it is a serious crime, they fear you will commit another crime, you have committed a similar serious crime in the past or they fear you will not attend court.

Your first court hearing after you are charged with a crime will be at a magistrates’ court – even if your trial will be at a Crown Court later. However, if you are charged with a minor offence your case could be decided without going to court (‘Single Justice Procedure’).

The situation is different for under 18’s who will face Youth Court once charged and if they are placed in remand until the case will be taken to a secure centre for young people, not an adult prison.

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