Being arrested can be one of the most stressful experiences a person may face. For many people, the process is unfamiliar, intimidating and difficult to understand, particularly where they have never previously dealt with the police or the criminal justice system.
An arrest does not mean that a person is guilty of a criminal offence. It usually means that the police suspect involvement in a criminal matter and consider that arrest is necessary for investigative or legal reasons. What happens next can have a significant impact on the direction of the case, including whether the person is interviewed, released, placed on bail, released under investigation, or charged with an offence.
Understanding the process after arrest is therefore important. Early decisions, including whether to answer questions in interview and how to respond to allegations, may later become relevant if the matter proceeds to court.
If you have been arrested, invited to attend a voluntary police interview, or are concerned about a criminal investigation, you may wish to read more about our criminal defence solicitors and police station representation services.
Arrest and the Initial Caution
An arrest takes place when a police officer lawfully detains a person. The police must have a lawful basis for doing so. In general terms, this may include circumstances where the officer suspects that a person has committed, is committing, or is about to commit a criminal offence, and where arrest is considered necessary.
When making an arrest, the officer should usually inform the person that they are under arrest, explain the grounds for the arrest and give the police caution. The caution commonly given is:
“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.”
The wording of the caution is important. It confirms that a person has the right not to answer questions. However, it also warns that remaining silent in certain circumstances may have consequences if the person later relies on something in court that they did not mention when questioned.
This does not mean that a person should answer questions without advice. It means that the decision whether to answer questions, provide a prepared statement, or exercise the right to silence should be considered carefully in light of the allegation, the available evidence and legal advice.
Being Taken to the Police Station
After arrest, the person will usually be taken to a police station. In some cases, where an arrest is not considered necessary, the police may instead invite a person to attend a voluntary interview under caution. Although a voluntary interview is different from arrest, it can still be a serious stage of a criminal investigation and should not be treated casually.
Once at the police station, the arrested person will normally be booked into custody. A custody officer is responsible for authorising and reviewing detention. The custody officer must consider whether detention is lawful and necessary and must ensure that the detainee’s rights and welfare are protected.
The custody process can involve taking personal details, recording the grounds of arrest, explaining rights and entitlements, assessing health or vulnerability issues, and deciding whether the person requires medical assistance, an interpreter or an appropriate adult.
For children and vulnerable adults, additional safeguards may apply. An appropriate adult may be required to support the detained person during important parts of the process, including interview.
Rights in Police Custody
A person detained at a police station has important rights. These rights are not optional and form part of the safeguards that apply during police detention.
A detained person will usually have the right to:
- free and independent legal advice;
- have someone informed of their arrest, such as a family member or friend;
- consult the police Codes of Practice;
- receive medical help where required;
- receive an interpreter where necessary;
- be treated in accordance with custody rules and safeguards.
The right to legal advice is particularly important. Legal advice at the police station is available free of charge, regardless of a person’s financial circumstances. A solicitor can advise before interview, consider the information disclosed by the police, attend the interview, intervene where appropriate, and advise on the available options.
Many people worry that asking for a solicitor may make them look guilty. That is incorrect. Requesting legal advice is a legal right. It should not be treated as an admission of guilt or an indication that a person has something to hide.
Where a person is detained, the early stage of the investigation may be crucial. Police interviews are recorded, and what is said may later be used as evidence. For this reason, legal advice before interview can be extremely important.
Searches, Property and Identification Procedures
During detention, the police may carry out a number of procedures where permitted by law. These may include searches, the seizure of property, taking fingerprints, taking photographs and obtaining DNA samples in certain circumstances.
The police may also retain items that they consider relevant to the investigation. This may include mobile phones, clothing, documents, electronic devices or other property. In modern investigations, digital evidence is often significant, particularly where allegations involve messages, calls, social media, location data or online activity.
The extent of any search or evidence gathering will depend on the nature of the allegation and the powers available to the police. Where mobile phones or digital devices are seized, the review of that material can sometimes delay the investigation, particularly in cases involving large volumes of data.
If property is seized, the person should ask for a record of what has been taken. The return of property may depend on whether it remains required for the investigation or any subsequent proceedings.
Police Interview Under Caution
The police interview is often one of the most important stages after arrest. Interviews are usually conducted under caution and recorded. The purpose of the interview is to allow investigators to put questions to the suspect and obtain their account.
The police may disclose some information before interview. This is often referred to as “disclosure” in the police station context, although it is not the same as full disclosure in court proceedings. The information provided may be limited. A solicitor can assess what has been disclosed, identify what has not been disclosed, and advise on the appropriate approach.
There are several possible approaches to a police interview. Depending on the facts, a person may answer questions, provide a prepared statement, answer “no comment”, or take another legally advised approach. The correct approach will depend entirely on the circumstances of the case.
Factors that may be relevant include:
- the allegation being investigated;
- the evidence disclosed by the police;
- whether the allegation is accepted or denied;
- whether there is supporting evidence;
- whether there are witnesses;
- whether the person has a defence or explanation;
- whether further evidence should be obtained before giving a detailed account.
There is no single approach that is right for every case. Giving too much information without understanding the evidence can sometimes create difficulties. Refusing to answer questions without proper advice can also carry risks in certain circumstances. That is why early legal advice is often important.
How Long Can the Police Keep Someone in Custody?
The police cannot keep a person in custody indefinitely.
In most cases, a person may initially be detained without charge for up to 24 hours. In certain circumstances, detention may be extended. For more serious offences, and where legal requirements are met, continued detention may be authorised for longer periods. Further extensions may require additional authorisation and oversight.
The length of detention may depend on several factors, including the seriousness of the allegation, the complexity of the investigation, whether evidence needs to be secured, whether interviews are required, whether forensic evidence is outstanding, and whether the investigation is being conducted diligently.
Custody detention should be reviewed at intervals. The police must consider whether continued detention remains necessary. If detention is no longer justified, the person should be released, charged, bailed, or released under investigation, depending on the circumstances.
Possible Outcomes After Arrest
After the police have completed their initial enquiries, there are several possible outcomes. The outcome will depend on the evidence, the nature of the allegation, whether further investigation is needed, and whether the case meets the relevant threshold for further action.
No Further Action
One possible outcome is that the police decide to take no further action. This is often referred to as “NFA”.
No further action means that the person is not being charged at that time and the investigation is not being continued against them in the same way. This may happen where there is insufficient evidence, where the allegation cannot be substantiated, or where it is not considered appropriate to proceed.
However, depending on the facts, a decision to take no further action does not always mean that the matter can never be revisited. In some cases, if significant new evidence later becomes available, the police may reconsider the position.
Release Under Investigation
Another possible outcome is release under investigation, commonly referred to as RUI.
Release under investigation means that the person is released from custody while the investigation continues. The police may still be carrying out enquiries, reviewing evidence, waiting for forensic results, examining digital devices, taking witness statements or seeking a charging decision.
A person released under investigation may not have bail conditions, but the investigation remains live. This can create uncertainty because there may be no fixed return date. The person may be contacted again by the police if further action is required.
If you are released under investigation, it is important to keep contact details updated and to avoid any conduct that could complicate the investigation. Where appropriate, legal advice may assist in understanding what steps can be taken while the investigation remains ongoing.
Police Bail
Police bail may be used where further investigation is required but the police consider that release from custody is appropriate subject to conditions or a requirement to return.
Bail conditions can vary depending on the case. They may include restrictions on contacting certain individuals, attending particular addresses, entering certain areas, or complying with other requirements. Breaching bail conditions can have serious consequences.
Bail may be particularly relevant where the police consider that conditions are necessary to protect complainants or witnesses, prevent interference with the investigation, or manage risk while enquiries continue.
If bail conditions are imposed and they are unclear, impractical or excessive, legal advice may be required. In some cases, it may be possible to ask for conditions to be varied.
Charge
If the police, and where required the Crown Prosecution Service, consider that there is sufficient evidence and that prosecution is appropriate, a person may be charged with an offence.
A charge means that formal criminal proceedings are being started. The person will usually be told the offence alleged and what happens next. They may be released on bail to attend court, remanded in custody, or required to attend a court hearing at a specified date and time.
The decision to charge will depend on the evidence and the applicable prosecution test. In more serious or complex cases, the Crown Prosecution Service may be involved in the charging decision.
Once charged, the case moves from police investigation into court proceedings.
What Happens After Charge?
After charge, the case will usually begin in the Magistrates’ Court. Some cases remain in the Magistrates’ Court from start to finish. More serious matters may be sent to the Crown Court.
At the first hearing, the court may deal with several issues, including plea, bail, allocation of the case, case management directions and future hearing dates.
The route of the case will depend on the type of offence. Criminal offences are generally categorised as summary-only, either-way or indictable-only offences. Summary-only offences are usually dealt with in the Magistrates’ Court. Either-way offences may be dealt with either in the Magistrates’ Court or the Crown Court depending on seriousness and other factors. Indictable-only offences are sent to the Crown Court.
If a person pleads guilty, the court may proceed to sentence or adjourn for reports. If a person pleads not guilty, the case will proceed towards trial, with directions for evidence, disclosure and preparation.
For further information about court representation, see our pages on Magistrates’ Court representation and Crown Court defence.
Why Early Legal Advice Matters
The period immediately after arrest can be extremely important. Decisions made at the police station may influence the future direction of the case.
Legal advice may assist with understanding the allegation, identifying the issues in dispute, considering the evidence disclosed by the police, preparing for interview, protecting procedural rights, and advising on bail or release arrangements.
In some cases, a clear and properly presented account at the police station may assist the investigation. In other cases, it may be inappropriate to answer questions until further information is available. The correct approach depends on the facts.
Early advice can also help identify whether evidence should be preserved. This may include messages, call logs, CCTV footage, location evidence, photographs, medical evidence, witness details or documents. Evidence can be lost over time, so early consideration may be important.
Common Mistakes After Arrest
People often make mistakes after arrest because they are under pressure, tired, worried or unfamiliar with the process.
Common mistakes may include:
- answering questions without understanding the evidence;
- assuming the matter is minor and does not require advice;
- contacting a complainant or witness where this may create further issues;
- deleting messages or digital material;
- breaching bail conditions;
- failing to attend when required;
- discussing the case publicly or on social media;
- ignoring police correspondence after release.
Even where a person believes they have done nothing wrong, the way they respond to the investigation can matter. A calm, careful and legally informed approach is usually preferable to a rushed or emotional response.
Key Points to Remember
An arrest is not a finding of guilt. It is usually the beginning of an investigation.
A person detained at a police station has important rights, including the right to free and independent legal advice.
A police interview under caution can be a significant stage of the investigation. What is said may later be used as evidence.
After arrest, the police may take no further action, release the person under investigation, grant bail, or charge the person with an offence.
If charged, the case will usually begin in the Magistrates’ Court and may remain there or proceed to the Crown Court depending on the offence and circumstances.
Every case is fact specific. The appropriate response will depend on the allegation, the evidence and the individual circumstances.
Conclusion
Being arrested can be frightening and confusing, but it is important to understand that arrest is usually part of an investigation rather than proof of guilt.
The process after arrest may involve police custody, legal advice, searches, interview under caution, release, bail, further investigation or charge. Each stage has potential legal consequences, and early decisions may affect how the case develops.
If you have been arrested, invited to attend a voluntary interview, released under investigation, placed on bail or charged with an offence, obtaining independent legal advice may help you understand your rights and the options available.
Law & Co Solicitors can assist with criminal investigations, police station advice, voluntary interviews, bail issues, Magistrates’ Court proceedings and Crown Court defence.
For further assistance, contact our criminal defence solicitors or visit our contact page.
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