Being arrested: your rights

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1. When you're arrested

If you鈥檙e arrested, you鈥檒l usually be taken to a police station, held in custody in a cell and then questioned.

After you鈥檝e been taken to a police station, you may be released or charged with a crime.

The聽law on being arrested is or if you鈥檙e arrested abroad.

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鈥檙e feeling ill
  • see the rules the police must follow (鈥楥odes of Practice鈥�)
  • see a written notice telling you about your rights, such as regular breaks for food and to use the toilet 鈥� you can ask for a notice in your language or an interpreter to explain the notice

You鈥檒l be searched and your possessions will be kept by the police custody officer while you鈥檙e in the cell.

Young people under 18 and vulnerable adults

The police must try to contact your parent, guardian or carer if you鈥檙e under 18 or a vulnerable adult.

They must also find an 鈥榓ppropriate adult鈥� to come to the station to help you and be present during questioning and searching. An appropriate adult can be:

  • your parent, guardian or carer
  • a social worker
  • another family member or friend aged 18 or over
  • a volunteer aged 18 or over

The provides appropriate adult services in England and Wales.

Your rights when being questioned

The police may question you about the crime you鈥檙e 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:

鈥淵ou 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.鈥�

2. How long you can be held in custody

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

They can apply to hold you for up to 36 or 96 hours if you鈥檙e suspected of a serious crime, such as murder.

You can be held without charge for up to 14 days if you鈥檙e arrested under the Terrorism Act.

When you can be released on bail

The police can release you on police bail if there鈥檚 not enough evidence to charge you. You do not have to pay to be released on police bail, but you鈥檒l have to return to the station for further questioning when asked.

You can be released on conditional bail if the police charge you and think that you may:

  • commit another offence
  • fail to turn up at court
  • intimidate other witnesses
  • obstruct the course of justice

This means your freedom will be restricted in some way. For example, they can impose a curfew on you if your offence was committed at night.

3. Giving fingerprints, photographs and samples

The police have the right to:

  • take photographs of you
  • take fingerprints
  • take a DNA sample, such as from a mouth swab or head hair root
  • swab the skin surface of your hands and arms

They do not need your permission to do this.

The police need both your permission and the authority of a senior police officer to take samples like blood or urine, or to take dental impressions.

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 stored in a police database.

You can find out if your information is stored on the police database by getting a copy of your police records from your local police station.

You have to write to your to have your personal information removed from the police database.

They鈥檒l only do this if either:

  • an offence no longer exists
  • if anything in the police process was unlawful 鈥� for example, how you were arrested or detained

4. Legal advice at the police station

You have the right to free legal advice (legal aid) if you鈥檙e questioned at a police station. You can change your mind later if you turn it down.

You must be told about your right to free legal advice after you鈥檙e arrested and before you鈥檙e questioned at a police station. You can:

  • ask for the police station鈥檚 鈥榙uty solicitor鈥� 鈥� they鈥檙e available 24 hours a day and independent of the police
  • tell the police you would like legal advice 鈥� the police will contact the Defence Solicitor Call Centre (DSCC)
  • ask the police to contact a solicitor, such as your own one

You may be offered legal advice over the phone instead of a duty solicitor if you鈥檙e suspected of having committed a less serious offence, such as being disorderly. The advice is free and independent of the police.

Once you鈥檝e asked for legal advice, the police cannot question you until you鈥檝e got it 鈥� with some exceptions.

The police can make you wait for legal advice in serious cases, 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).

You have the right to free legal advice if you are questioned by the police.

5. Complaining about your treatment by the police

Contact the if you鈥檙e unhappy about how the police have treated you.

Police forces must refer certain types of complaints to the .