Being arrested can be a daunting experience, especially if you are unfamiliar with your legal rights and the process that follows.

Understanding what to do if you’re arrested in the UK and knowing your rights can help you navigate the situation more confidently and protect your interests.

Below, our knowledgeable team of criminal law experts provides a 10-step guide on what to expect and how to respond if you find yourself in this situation.

1. Stay calm and cooperate

The first and most important step if you’re arrested is to stay calm. Avoid resisting arrest, as this can lead to additional charges. Cooperate with the police officers but remember that you have rights that must be respected throughout the process.

2. Your right to be informed

Under UK law, including in Wales, when you are arrested, the police must inform you of the following:

That you are being arrested.

The reason for your arrest.

The legal basis for your arrest.

This is often done by the officer reading out what is known as the "caution," which is a standard warning that reminds you of your rights, particularly your right to remain silent.

The caution is typically phrased as:

“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 means that while you have the right to remain silent, anything you do say can be used against you in court.

Read: What you should know about criminal defence strategies

3. Your right to legal advice

After being arrested, you have the right to free legal advice. This is a critical right and one you should exercise as soon as possible. You can ask for a solicitor to be present during any police questioning, and it is advisable not to answer any questions until your solicitor is present.

Legal advice is free and can be obtained in the following ways:

Duty solicitor: You can ask for the on-duty solicitor, who is independent and available 24/7.

Your own solicitor: If you already have a solicitor, you can request that they be contacted.

This legal advice is confidential and designed to protect your rights during the police investigation.

4. Your right to have someone informed

You also have the right to have someone informed of your arrest. This could be a family member, friend, or employer. However, in certain circumstances, the police may delay this right, particularly if they believe it could interfere with the investigation.

5. The search process

After your arrest, the police may search you and your belongings. They are allowed to seize anything that could be used as evidence. In some cases, the police may also search your home or vehicle, but they generally need a warrant to do so unless there are urgent circumstances that justify an immediate search.

6. Detention and questioning

After your arrest, you may be taken to a police station for further questioning. Under UK law, the police can hold you for up to 24 hours without charging you with a crime. This period can be extended to 36 or 96 hours for serious offences, such as murder, if approved by a senior officer or a magistrate.

During this time, you have the right to:

Free legal advice: As mentioned earlier, you can have a solicitor present during any police interviews.

Rest and refreshments: You are entitled to breaks for meals and rest, and you must be allowed to sleep if you are detained overnight.

Access to medical care: If you require medical attention, the police must ensure you receive the necessary care.

Read: What is the difference between civil law and criminal law?

7. Police interviews: what to expect

During police interviews, you will be questioned about the alleged crime. It's important to remember that you have the right to remain silent, but you should always seek advice from your solicitor before deciding how to respond to questions. Anything you say in the interview can be used as evidence in court.

Your solicitor will advise you on whether to answer questions or to provide a "no comment" interview, depending on the circumstances of your case.

8. Release or charge

After the police have completed their questioning and investigation, they will decide whether to:

Release you without charge: If there is insufficient evidence, the police may release you without charge.

Release you under investigation (RUI): This means you are released but still under investigation, and the police may contact you later.

Bail you: You can be released on bail, with or without conditions, meaning you must return to the police station at a later date.

Charge you: If there is enough evidence, you may be charged with a crime. If charged, you will either be released on bail or remanded in custody until your court appearance.

9. Going to court

If you are charged with a crime, you will receive a date to appear in court. At this point, it is essential to have legal representation to help prepare your defence. Your solicitor will guide you through the court process, represent you in court, and work to achieve the best possible outcome for your case.

10. Seek legal support immediately

Being arrested is a serious matter, and the decisions you make following your arrest can significantly impact the outcome of your case. Seeking legal advice from a knowledgeable solicitor as soon as possible is crucial.

At Fonseca Law, we have extensive experience in criminal defence, and our team is here to protect your rights and provide you with the expert legal representation you need.

If you or someone you know has been arrested in the UK, don’t hesitate to contact us for immediate legal support.