Being arrested can be stressful, confusing and unfamiliar. For many people, the first few hours after arrest are the most difficult because they do not know what to expect, what their rights are, or what may happen next.
An arrest does not mean that a person is guilty of a criminal offence. It means the police suspect involvement in a criminal matter and consider that arrest is necessary for investigative or legal reasons. What follows may include detention at a police station, a police interview, release, bail, release under investigation, or charge.
This article provides a general overview of what may happen after arrest in England and Wales. It is not legal advice and should not be relied upon as advice in relation to any specific case.
If you 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 Police Caution
When a person is arrested, the police officer should usually explain that they are under arrest, give the reason for the arrest and caution them.
The police caution is commonly given in the following terms:
“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 caution is important because it explains two things at once. A person has the right not to answer questions, but what they do or do not say may later become relevant if the matter proceeds to court.
The appropriate response to police questioning depends on the facts of the case, the allegation, the evidence and the circumstances at the time.
Arrival at the Police Station
After arrest, the person will usually be taken to a police station and booked into custody. A custody officer is responsible for authorising detention and making sure that the detainee’s rights and welfare are considered.
The custody process may include recording personal details, explaining rights, assessing health or vulnerability issues, arranging an interpreter where required and considering whether an appropriate adult is needed.
In some cases, a person may be invited to attend a voluntary interview instead of being arrested. A voluntary interview is different from arrest, but it is still an interview under caution and can form part of a criminal investigation.
Rights in Police Custody
A person detained at a police station has important rights. These usually include:
- the right to free and independent legal advice;
- the right to have someone informed of their arrest;
- the right to medical assistance if required;
- the right to an interpreter where necessary;
- the right to consult the police Codes of Practice;
- the right to a written notice explaining their rights.
The right to legal advice at the police station is free. Requesting a solicitor should not be treated as an admission of guilt. It is a legal right.
Police interviews are usually recorded, and what is said may later be used as evidence. For that reason, many people choose to speak to a solicitor before deciding how to respond to questions.
Searches, Property and Identification
While a person is in custody, the police may carry out certain procedures where permitted by law. These may include searches, taking fingerprints, taking photographs, obtaining DNA samples and seizing property connected to the investigation.
In many modern investigations, mobile phones and electronic devices may be relevant. Where digital material is seized, the review of that material can sometimes take time, particularly if there is a large volume of data.
The extent of any search, seizure or identification procedure will depend on the nature of the allegation and the legal powers available to the police.
The Police Interview
The police interview is often a key stage of the investigation. It is usually conducted under caution and recorded. The purpose is to allow investigators to ask questions about the allegation and obtain the suspect’s account.
Before interview, the police may provide some information about the allegation and evidence. This information may be limited. The approach taken in interview will depend on the circumstances of the case.
In general terms, a person may answer questions, decline to answer questions, provide a prepared statement, or take another legally advised approach. There is no single approach that applies to every case.
The significance of the interview is that it may shape the investigation and may later become relevant in criminal proceedings.
How Long Can the Police Keep Someone in Custody?
The police cannot keep someone 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 where the legal requirements are met and the appropriate authority is obtained.
The length of detention may depend on the seriousness of the allegation, the complexity of the investigation, whether evidence needs to be secured, whether interviews are required and whether further enquiries are ongoing.
If detention is no longer justified, the person should be released, released on bail, released under investigation, or charged, depending on the circumstances.
Possible Outcomes After Arrest
Once the police have completed their initial enquiries, several outcomes may be possible.
No Further Action
The police may decide to take no further action. This means the person is not being charged at that stage and the investigation is not being pursued in the same way.
This may happen where there is insufficient evidence or where it is not considered appropriate to continue.
Release Under Investigation
A person may be released under investigation while the police continue their enquiries. This is commonly known as RUI.
Release under investigation means the person is not on police bail, but the investigation remains ongoing. The police may still be reviewing evidence, obtaining witness statements, awaiting forensic results or considering whether further action is required.
Police Bail
Police bail may be used where further investigation is required and the police consider that release should be subject to conditions or a requirement to return.
Bail conditions may restrict contact with certain people, attendance at particular places, or other matters relevant to the investigation. The conditions will depend on the circumstances of the case.
Charge
If the police, and where applicable the Crown Prosecution Service, consider that the evidential and public interest requirements are met, a person may be charged.
A charge means formal criminal proceedings are being started. The person will usually be told what offence is alleged and when they must attend court.
What Happens After Charge?
After charge, the case will usually begin in the Magistrates’ Court. Some cases remain there from start to finish. More serious cases may be sent to the Crown Court.
At the first hearing, the court may consider plea, bail, case management and future hearing dates. The procedure will depend on the offence, the evidence and the individual circumstances.
For further information, see our pages on Magistrates’ Court representation and Crown Court defence.
Why the Early Stage Matters
The period immediately after arrest can be important because early decisions may affect the direction of the investigation.
The interview, the evidence available at the time, the way questions are answered and any conditions imposed on release may all become relevant later.
Every case is different. The correct approach will depend on the allegation, the evidence, the person’s circumstances and the stage of the investigation.
Conclusion
An arrest is often the beginning of a criminal investigation, not the end of it.
After arrest, a person may be taken to a police station, booked into custody, interviewed under caution, released without further action, released under investigation, placed on bail, or charged with an offence.
Understanding the process can help reduce uncertainty. However, criminal investigations are fact specific, and general information cannot replace advice on an individual case.
Law & Co Solicitors can assist with police station matters, voluntary interviews, bail issues, Magistrates’ Court proceedings and Crown Court defence.
For further information, contact our criminal defence solicitors or visit our contact page.
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Frequently Asked Questions
Does being arrested mean I am guilty?
No. An arrest does not mean that a person is guilty. It means the police suspect involvement in a criminal matter and consider arrest necessary for investigative or legal reasons.
Do I have the right to a solicitor at the police station?
A person detained at a police station usually has the right to free and independent legal advice.
What is a police interview under caution?
It is an interview where police ask questions about an allegation after giving the caution. Interviews are usually recorded and may later be used in evidence.
How long can the police keep someone in custody?
In most cases, a person may initially be detained without charge for up to 24 hours. Extensions may be permitted in certain circumstances where legal requirements are met.
What is release under investigation?
Release under investigation means the person is released from custody while the police continue their enquiries. The investigation remains ongoing.
What is police bail?
Police bail allows a person to be released while the investigation continues. It may include conditions depending on the circumstances.
What happens if I am charged?
If charged, formal criminal proceedings begin. The case will usually start in the Magistrates’ Court and may remain there or be sent to the Crown Court.