After an arrest, it’s normal to feel confused and anxious about what comes next. At Davis Law in Buckinghamshire, we want to help you understand what happens after you’re arrested in the UK. Knowing how the legal system works is the first step to feeling more in control. We hope to make these rules easy to understand and show you how they affect your defence options.
What Does It Mean to Be Arrested?
An arrest involves the police taking you into custody because they suspect your involvement in a crime and believe keeping you is necessary for their investigation. Under the Police and Criminal Evidence Act 1984 (PACE), officers must tell you plainly that you are under arrest and the grounds for it. They cannot just hold you without reason, and this applies regardless of the different types of criminal offences involved in the allegation.
What Do UK Police Say When Arresting Someone?
Officers must recite the specific police caution to ensure you understand the seriousness of the situation. They will say: “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 warning is standard procedure for all types of criminal offences, protecting both your legal interests and the integrity of the prosecution.
What Happens Immediately After You’re Arrested?
Upon arrival at the station, a custody officer authorizes your detention and records your personal details while explaining your rights. You will be searched, your possessions will be cataloged, and you will be given an opportunity to get legal advice from a solicitor. This booking phase is consistent for all detainees, though the specific types of criminal crimes you are suspected of might dictate how long you can be held initially.
Police Charge Procedure in the UK
The police will interview you to gather evidence, often consulting the Crown Prosecution Service (CPS) to determine if there is a realistic prospect of conviction. The CPS carefully reviews the evidence to see which categories apply to your case, distinguishing between minor infractions and serious criminal offences. The process includes:
- Arrival and Booking: The Custody Officer opens an official Custody Record and informs the detainee of their core rights, including the right to free legal advice.
- Welfare and Risk Assessment: The Custody Officer performs a check to identify any urgent medical needs or risks to the detainee’s safety while in custody.
- The Police Interview: The detainee is formally questioned about the alleged offence, usually with a solicitor present, after being given the official police caution.
- Evidence Gathering: Police may take fingerprints, DNA, and photographs (biometrics) as part of the formal process of gathering evidence for the case file.
- Detention Review: A more senior officer should periodically review the case to ensure that keeping the individual in custody is still legally necessary for the investigation.
What Happens When You Are Charged With a Crime in the UK?
Once charged, the police will decide whether to release you on bail or keep you in custody until your first court hearing. This decision often depends on the severity of the allegation and whether you are considered a flight risk or a danger to the public. If released, you must attend court on the specified date to face the allegation and enter a plea.
Rights and Support During Arrest
You have the statutory right to have someone informed of your arrest and to consult the Codes of Practice. Access to free, independent legal advice is critical, regardless of the types of criminal crimes involved in your specific case. A solicitor at Davis Law can guide you through the list of criminal offences that UK authorities prosecute and explain complex concepts like what a summary conviction is.
Schedule a Consultation Now
If you or a loved one is facing police questioning, expert legal representation is essential to securing the best possible outcome. We handle all examples of criminal crimes and can defend you against any type of criminal offence. Contact Davis Law today to ensure your rights are protected.
Frequently Asked Questions
What happens when you get arrested in the UK?
You are taken to a police station, held in custody, booked in, and questioned before a decision is made to charge or release you.
What do UK police say when arresting someone?
They give a caution: “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.”
How long can you be held without charge?
Typically up to 24 hours, though this can be extended to 36 or even 96 hours for serious crimes.
What happens when you are charged with a crime in the UK?
You will be given a charge sheet detailing the offence and either released on bail or kept in remand to await your court appearance.
Can you refuse to answer police questions?
Yes, you have the right to remain silent, but the court may draw adverse inferences from your silence if you later rely on a defence you didn’t mention.