Arrested or asked to a police interview in England and Wales: what happens and what are my rights?

Stage 3: Arrest

An officer can arrest you if they reasonably suspect you of an offence and arrest is necessary, for example to prevent harm or allow a prompt investigation (PACE s.24). You must be told you are under arrest and why, and be cautioned. You are normally taken to a police station as soon as practicable.

• To be told of the arrest and the grounds as soon as practicable
• To be cautioned
• Reasonable force only

• Was the arrest necessary and lawful?
• What am I suspected of?

Stage 4: In police custody

A custody officer decides whether to detain you and records your details. Your rights are explained. Police can take fingerprints, photographs and DNA samples after arrest for a recordable offence. Your detention must be reviewed regularly.

Usually 24 hours from arrival at the station; a superintendent can extend to 36 hours for an indictable offence; magistrates can authorise up to 96 hours in total. Terrorism: up to 14 days. Reviews: first within 6 hours, then every 9 hours.

• Free legal advice at any time (PACE s.58)
• To have someone told where you are (PACE s.56)
• To read the PACE Codes of Practice
• Interpreter, medical help, food and rest
• Appropriate adult if under 18 or vulnerable

• How long can I be held?
• Can you contact my family or employer?

Stage 5: Police interview

You are interviewed under caution and it is recorded. The caution: you do not have to say anything, but it may harm your defence if you do not mention something you later rely on in court. A court may draw adverse inferences from silence (CJPOA 1994 ss.34 to 37), but not if you were refused legal advice.

• Legal advice before and during interview
• Right to silence (with the adverse inference caveat)
• Breaks, and an interpreter or appropriate adult if needed
• Pre-interview disclosure of the allegation (not necessarily all evidence)

• What evidence do police have?
• Should I answer, give a prepared statement or say no comment?
• What are the risks of each option?

Stage 2: Voluntary interview

Police may invite you to attend an interview under caution without arresting you. It has the same legal status as an interview after arrest: what you say can be used in evidence and adverse inferences can be drawn from silence.

No custody time limit applies. You can leave at any time unless you are arrested.

• Free and independent legal advice, in person or by phone
• To be told you are not under arrest and can leave
• To be told the offence being investigated
• An interpreter or appropriate adult if needed

• Should I attend, and when?
• What disclosure have the police given?
• Should I answer questions, give a prepared statement or say no comment?