Your rights at the police station

Being arrested or asked to attend a police interview is stressful. Knowing your rights, which are set out in the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice, helps you protect yourself.

Your main rights in custody

• Free legal advice. You can speak to a solicitor at any time, free of charge, whatever your income. You can ask for a particular solicitor or for the duty solicitor. The police will contact the Defence Solicitor Call Centre to arrange this.
• Someone told where you are. You can ask for a relative or friend to be told that you have been arrested.
• Information. You can read the PACE Codes of Practice and must be told why you have been arrested.
• Medical help if you are unwell, and an interpreter if you need one.
• An appropriate adult if you are under 18 or vulnerable.

In limited circumstances, and only for serious offences, the police can delay some of these rights. They cannot refuse access to legal advice altogether.

How long can you be held?

Normally the police can hold you for up to 24 hours before charging you or releasing you. This can be extended to 36 hours for indictable (more serious) offences with a senior officer's authority, and up to 96 hours with a magistrates' court warrant. Different rules apply to terrorism offences.

The police interview

Interviews are carried out "under caution" and recorded. The caution explains that you do not have to say anything, but that it may harm your defence if you do not mention something you later rely on in court, and that anything you do say may be given in evidence.

A solicitor will usually get "disclosure" from the police about the evidence before the interview, and then advise you whether to answer questions, give a prepared statement or make no comment. The right approach depends on the circumstances, so take advice.

Voluntary interviews

If you are invited to attend a "voluntary interview" (sometimes called "caution plus three"), you are not under arrest, but the interview is still under caution and can be used as evidence. You have the same right to free legal advice. It is strongly recommended to take it.

After the interview

The police may release you without charge, release you on bail or "under investigation" while they make further enquiries, charge you, or give you an out-of-court disposal such as a caution. A caution is an admission of guilt and can appear on criminal record checks, so take advice before accepting one.

At court

If you are charged, legal aid for representation in court depends on an interests of justice test and your means. A duty solicitor is also available at magistrates' courts for some first hearings. Find a criminal defence solicitor near you.