Your Rights After an Arrest: Everything You Need to Know
Being arrested is an understandably daunting experience that can be lessened by knowing your rights. In England, we are extremely fortunate to have access to a legal system that allows autonomy, even following arrest, but understanding the rights you have can be key to building your defence and ensuring you are treated fairly whilst in police custody.
At Harewood Law, we aim to provide you with the knowledge and support you need during this challenging situation.
The arrest process in the UK
An arrest in the UK can happen if the police have reasonable grounds to suspect that you have committed, are committing, or are about to commit a crime.
The process:
Police Suspicion: Based on evidence or reasonable grounds, police may decide to arrest you.
Arrest Warrant: In some situations, the police may obtain an arrest warrant from a magistrate.
Arrest Procedure: The police must inform you that you are being arrested, explain the reason, and caution you.
Caution: Upon arrest, the police are required to give you a specific caution, which informs you of your right to remain silent and the potential use of anything you say as evidence against you.
Questioning: After the arrest, you will be taken to a police station for further questioning and processing.
Your rights in custody
Following your arrest, the police must explain your rights to you.
You have the right to:
The right to free legal advice
You have the right to consult with a solicitor. If you cannot afford one at the time of your arrest, a solicitor will be present at the police station to provide free legal advice. You can exercise this right at any time, and it is in your best interest to request this service as soon as possible.
The right to inform someone that you have been arrested
You have the right to have one person informed of your arrest. This could be:
Family member
Friend
Employe
The police must facilitate this communication within a reasonable time frame after your arrest.
The right to medical help if you are unwell
If you are feeling sick at any point during your time in custody, then you have the right to medical attention.
The right to remain silent
Under the Police and Criminal Evidence Act 1984 (PACE), you have the right to remain silent. The caution given upon arrest usually states:
“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."
This caution highlights that while you have the right to remain silent, failing to mention something important during questioning may negatively impact your defence later.
The right to translation and interpretation
If you do not speak English or have a disability that impacts your hearing or speech, you have the right to assistance from an interpreter at no cost to yourself.
This will cover:
Relevant passages of essential documents
Communication with your legal advisor
Charges, indictments and judgements
The right to information about the charge
You have the right to know the reason for your arrest and the nature of the crime you are suspected to have committed. You also have the right to the following information about the alleged crime:
The time and location it was thought to be committed
Why you are suspected to have committed the offence
Why it was deemed necessary to detain you
This information legally cannot be withheld because of the implications it would have on your defence.
The right to contact your Embassy
If you are not English, you have the right to contact your High Commission, Embassy or Consulate to inform them of your arrest and location.
The right to see the Codes of Practice
You have the right to see the rules the police must follow while you are in their custody.
Access to evidence
If you are charged with an offence, you have the right to see all evidence that is held for or against you before attending trial.
The right to know your rights
You have the right to see a written notice outlining your rights. If you do not speak English as your first language, you have the right to ask for a notice in your language, or for an interpreter to translate it for you.
Rights for under 18s and vulnerable adults
Young people and vulnerable adults have an additional set of rights to ensure fair treatment.
Upon arrest, the police must contact an appropriate parent, guardian or carer. They must also find a guardian who can be present during questioning and searching. This is vital for your safety and understanding of the situation.
An ‘appropriate guardian’ could be:
A parent
Carer
Next of kin with legal guardianship
Family member or friend over the age of 18
A volunteer over the age of 18
How long can you be held in custody?
You can be held in custody for up to 24 hours before the police must either charge you with a crime or release you.
This frame of time can be extended up to 36 or 96 hours if the crime you are suspected to have committed is considered a serious offence. For example, murder, arson or grievous bodily harm.
The police right to evidence
The police have the right to gather certain types of evidence without your permission to aid in their search for justice.
This includes:
Taking fingerprints
Taking photographs of you
Taking DNA samples (hair roots or swabs)
Swab the skin of your hands and arms
The police do not have the right to the following without the express permission of yourself and a senior police officer:
Urine samples
Blood samples
Dental impressions
These samples may be taken without your permission if you are arrested on suspicion of a crime involving consumption such as drink driving.
Knowing your rights after an arrest in the UK is vital for ensuring fair treatment and protecting your legal interests.
At Harewood Law, we are committed to providing you with expert legal representation and support throughout the entire process. If you or a loved one has been arrested, contact us immediately. Our experienced solicitors are here to guide you through every step of the legal system, ensuring your rights are upheld and your case is handled with the utmost professionalism.
Remember, an arrest does not equate to a conviction.