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Arrest process

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The police can arrest you with or without a warrant for certain offenses. When arrested, you have certain rights like legal advice, medical help if needed, and informing someone of your arrest. The police cannot detain you for more than 24 hours without charging you unless a superintendent approves more time. You have a right to silence but courts can consider your silence. Fingerprints, photos, and DNA samples may be taken if arrested or convicted of certain offenses. Special protections apply to young people and those with limited English proficiency.

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Arrest process
When can the police arrest you Police can arrest you if they have a valid arrest warrant. There are also some situations where they can arrest you without a warrant. These are where: • you are in the act of committing certain offences • they have reasonable grounds for suspecting you are committing certain offences • they have reasonable grounds for suspecting you have committed certain offences • you are about to commit certain offences • they have reasonable grounds for suspecting you are about to commit certain offences.
If you're kept in custody The custody officer must tell you why you're being held and explain your rights. The custody officer at the police station must tell you why you're being held and explain what your rights are. Your rights are to: • get free legal advice - for example, from a solicitor • arrange for someone you know to be told where you are • have medical help if you’re feeling ill - the police arrange this • see the rules the police must follow - these are called ‘Codes of Practice’ • see a written notice telling you about your rights - for example, to get regular breaks for food, washing and to use the toilet You will be searched and any possessions you have will be temporarily taken off you while you're in the cell.
If you do ask for someone to be informed of your arrest, this should happen as soon as possible, unless you have been arrested for certain offences and an officer of the rank of superintendent (or above) allows a delay. In order to allow a delay, the officer should be satisfied that there are reasonable grounds for believing that informing someone of your arrest would: • lead to interference with evidence • affect the police’s ability to recover property • lead to other suspects being alerted • prevent recovery of the proceeds resulting from drug offences.
The police should not detain you for more than 24 hours without charging you, unless an officer with the rank of superintendent (or above) or a magistrate gives permission. A police officer with the rank of superintendent (or above) can authorise detention for a further 12 hours. Magistrates can authorise further detentions up to a maximum of 96 hours.
Right to silence Although you have a right to silence, courts can take your silence into account when deciding whether you are guilty or innocent.
Legal advice You have the right to free legal advice from the duty solicitor. This does not depend on your financial circumstances. Your request will be passed to the Defence Solicitor Call Centre. If the offence is less serious, the Call Centre will refer you to Criminal Defence Service Direct. This covers offences like drink driving, disorderly behaviour and breaches of bail. Criminal Defence Service Direct employs solicitors who will give you legal advice on the telephone. You still have the right to be advised by a solicitor in person if: • you're accused of a more serious offence, or • the police intend to interview you under caution, or • if you're considered to be vulnerable. You can choose your own solicitor and won't have to pay for advice if they have a contract with the Criminal Defence Service (CDS).) The Call Centre will contact your solicitor for you. Once you've asked for legal advice, the police must not normally question you. You don't have to answer any questions until you have spoken to a solicitor.
Fingerprints, photographs and DNA samples If you have been arrested, charged, convicted or received a caution, warning or reprimand for a recordable offence in England and Wales, the police have the power to take your fingerprints, photographs and a DNA sample without your consent to prevent and detect crime. If you have been convicted of a serious violent, sexual or terrorist offence outside of England and Wales, the police also have the power to take your fingerprints, photographs and a DNA sample. Even if you are not convicted of an offence, the police currently have the power to keep your fingerprints and DNA sample on a DNA database. But the government are suggesting a change to this law. This is because keeping your fingerprints and DNA on a database has been found to be a breach of your human rights.
Young people you are under 17 years of age and are detained by the police, an appropriate adult – usually your parent or guardian - should be informed as soon as possible. The police should not interview you until your parent is present, unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property. If your first language is not English If you have difficulty understanding English and the interviewing officer cannot speak your language, you should be provided with an interpreter. The police must not interview you until the interpreter is present unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property.
If you feel the police have treated you unfairly, the best course of action depends on the nature of your complaint. For example, if the police have obtained evidence by breaking code of practice rules, a court may refuse to accept police evidence in any case against you and your case could be dismissed. Make sure you tell your solicitor if you think the police have broken the code of practice. Making a complaint You can make a complaint against the police in the following ways: • contact the police force involved. You can find the contact details for individual police forces on the Independent Police Complaints Commission (IPCC) website at www.ipcc.gov.uk • go to your local police station. Ask to see the duty officer • contact the Independent Police Complaints Commission (IPCC). You can do this by phone, email, post, fax or minicom. You can also download or fill out a complaint form online at www.ipcc.gov.uk • contact your local Citizens Advice Bureau, Youth Offending Team, Racial Equality Council, Probation Service or neighbourhood warden for help. A solicitor or MP can also make a complaint on your behalf.

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Arrest process

  • 2. When can the police arrest you Police can arrest you if they have a valid arrest warrant. There are also some situations where they can arrest you without a warrant. These are where: • you are in the act of committing certain offences • they have reasonable grounds for suspecting you are committing certain offences • they have reasonable grounds for suspecting you have committed certain offences • you are about to commit certain offences • they have reasonable grounds for suspecting you are about to commit certain offences.
  • 3. If you're kept in custody The custody officer must tell you why you're being held and explain your rights. The custody officer at the police station must tell you why you're being held and explain what your rights are. Your rights are to: • get free legal advice - for example, from a solicitor • arrange for someone you know to be told where you are • have medical help if you’re feeling ill - the police arrange this • see the rules the police must follow - these are called ‘Codes of Practice’ • see a written notice telling you about your rights - for example, to get regular breaks for food, washing and to use the toilet You will be searched and any possessions you have will be temporarily taken off you while you're in the cell.
  • 4. If you do ask for someone to be informed of your arrest, this should happen as soon as possible, unless you have been arrested for certain offences and an officer of the rank of superintendent (or above) allows a delay. In order to allow a delay, the officer should be satisfied that there are reasonable grounds for believing that informing someone of your arrest would: • lead to interference with evidence • affect the police’s ability to recover property • lead to other suspects being alerted • prevent recovery of the proceeds resulting from drug offences.
  • 5. The police should not detain you for more than 24 hours without charging you, unless an officer with the rank of superintendent (or above) or a magistrate gives permission. A police officer with the rank of superintendent (or above) can authorise detention for a further 12 hours. Magistrates can authorise further detentions up to a maximum of 96 hours.
  • 6. Right to silence Although you have a right to silence, courts can take your silence into account when deciding whether you are guilty or innocent.
  • 7. Legal advice You have the right to free legal advice from the duty solicitor. This does not depend on your financial circumstances. Your request will be passed to the Defence Solicitor Call Centre. If the offence is less serious, the Call Centre will refer you to Criminal Defence Service Direct. This covers offences like drink driving, disorderly behaviour and breaches of bail. Criminal Defence Service Direct employs solicitors who will give you legal advice on the telephone. You still have the right to be advised by a solicitor in person if: • you're accused of a more serious offence, or • the police intend to interview you under caution, or • if you're considered to be vulnerable. You can choose your own solicitor and won't have to pay for advice if they have a contract with the Criminal Defence Service (CDS).) The Call Centre will contact your solicitor for you. Once you've asked for legal advice, the police must not normally question you. You don't have to answer any questions until you have spoken to a solicitor.
  • 8. Fingerprints, photographs and DNA samples If you have been arrested, charged, convicted or received a caution, warning or reprimand for a recordable offence in England and Wales, the police have the power to take your fingerprints, photographs and a DNA sample without your consent to prevent and detect crime. If you have been convicted of a serious violent, sexual or terrorist offence outside of England and Wales, the police also have the power to take your fingerprints, photographs and a DNA sample. Even if you are not convicted of an offence, the police currently have the power to keep your fingerprints and DNA sample on a DNA database. But the government are suggesting a change to this law. This is because keeping your fingerprints and DNA on a database has been found to be a breach of your human rights.
  • 9. Young people you are under 17 years of age and are detained by the police, an appropriate adult – usually your parent or guardian - should be informed as soon as possible. The police should not interview you until your parent is present, unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property. If your first language is not English If you have difficulty understanding English and the interviewing officer cannot speak your language, you should be provided with an interpreter. The police must not interview you until the interpreter is present unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property.
  • 10. If you feel the police have treated you unfairly, the best course of action depends on the nature of your complaint. For example, if the police have obtained evidence by breaking code of practice rules, a court may refuse to accept police evidence in any case against you and your case could be dismissed. Make sure you tell your solicitor if you think the police have broken the code of practice. Making a complaint You can make a complaint against the police in the following ways: • contact the police force involved. You can find the contact details for individual police forces on the Independent Police Complaints Commission (IPCC) website at www.ipcc.gov.uk • go to your local police station. Ask to see the duty officer • contact the Independent Police Complaints Commission (IPCC). You can do this by phone, email, post, fax or minicom. You can also download or fill out a complaint form online at www.ipcc.gov.uk • contact your local Citizens Advice Bureau, Youth Offending Team, Racial Equality Council, Probation Service or neighbourhood warden for help. A solicitor or MP can also make a complaint on your behalf.