Written 27th April 2026 by Matthew Claughton
Introduction: The Most Critical 24 Hours
The first 24 hours after a death can be overwhelming, frightening and deeply confusing. When a death is sudden or unexplained, the police response is immediate and intensive. For someone suspected of involvement, perhaps with some knowledge of events, this period can feel like life has been turned upside down in a matter of moments.
At Olliers Solicitors, we understand how critical these early hours are. We have been defending allegations of murder and manslaughter since the 1980s, representing individuals and supporting families in some of the most serious and complex criminal cases in the UK. With decades of experience and over 100 murder trials handled, we know that what happens in the first 24 hours after someone dies can shape the entire investigation and, ultimately, the outcome.
This guide explains what happens when police investigate a death in England and Wales, what to expect during those first hours, and why early advice from a specialist murder and manslaughter solicitor is essential and not a general criminal lawyer unfamiliar with heavyweight cases.
The first 24 hours of a murder investigation can shape everything that follows. At first, the police will look to seal a crime scene. Then they’ll start to gather evidence. They may look for CCTV evidence. They may look at, they will certainly look at forensic evidence. There will be a post-mortem. They will then look to speak to witnesses. They may seize electronic devices and the next stage is when they move on to identifying suspects and start to speak to people and this is when people will be arrested and at that point it’s absolutely crucial that legal representation is obtained following an interview. In some situations there may be early charges. However, in many situations, suspects may be bailed or even released under investigation. And this is where anyone who has been released by the police needs to again seek urgent representation so that they can properly prepare their case so that when they go back to the police station or the police come back for them, they are ready. At Olliers Solicitors, we have many decades of experience of representing clients facing murder allegations. And if you or anyone you know is under investigation for an offense of murder or manslaughter, then it’s crucial that you contact us as soon as possible.
Immediate Police Response to a Sudden Death
When police are notified of a sudden death, officers will attend immediately. This applies whether the death occurs at home, in public, or elsewhere outside a hospital setting. At this stage, the police treat the situation as a sudden death police procedure, not yet as a confirmed crime.
The first officers on scene will check whether the person is alive and assist paramedics if necessary. Once death is confirmed, officers begin gathering basic information: who discovered the body, when the person was last seen alive, and what the immediate circumstances were.
Importantly, all sudden deaths are treated as potentially suspicious until proven otherwise. This is standard practice in England and Wales and does not mean the police believe a crime has occurred, only that they must rule it out.
Families are often shocked by how quickly the situation becomes formal. Questions may feel intrusive, but they are necessary to determine whether the death is natural, accidental, or requires a criminal investigation.
Will the police arrest someone immediately?
Not always. An arrest only occurs if officers have reasonable grounds to suspect someone was involved and believe arrest is necessary. In many cases, no arrest is made during these early hours.
Securing the Scene and Preserving Evidence
Once a death is confirmed, police will secure the location. This may involve cordons, restricting access to rooms or entire properties, and preventing anyone from entering or leaving.
This stage is crucial. Evidence can be lost or contaminated within minutes. Even well-intentioned actions by family members, such as tidying, moving items, or touching the deceased can compromise forensic evidence.
Crime Scene Investigators (CSI) or forensic officers will attend to photograph and document the scene, collect potential evidence, and preserve anything that may later be relevant. This includes:
- Blood or bodily fluids
- Weapons or objects
- Clothing and personal items
- Mobile phones and digital devices
- CCTV and doorbell footage
This process can take many hours. For families, it can feel distressing and impersonal, but it is a vital part of any police investigation after death.
What happens at the scene of a death?
The scene is treated as a potential crime scene until the cause of death is clarified. This protects both the investigation and anyone who may later be suspected.
Being Arrested or Treated as a Suspect
In some cases, police may identify a suspect very early. This can happen if:
- There are signs of violence
- Witnesses implicate someone
- The deceased was last seen with a particular individual
- There are inconsistencies in accounts
If police have reasonable grounds, they may arrest a person on suspicion of murder or manslaughter. Now, of course this does not mean the person is guilty, it merely allows police to detain them lawfully while investigations continue.
If someone is arrested after a death in the UK, they will be taken to a police station and booked into custody. Police can initially detain someone for 24 hours, with extensions available in serious cases such as murder. The police can extend to 36 hours and further extensions can be granted by a Magistrate.
For families, witnessing an arrest at such a traumatic moment is devastating. It is vital to remember that arrest is not a charge, and early legal advice can make a profound difference.
In other cases, police may invite someone to attend a voluntary interview under caution instead of arresting them. This is still a serious step and requires legal representation.
Police Interviews and Your Right to Silence
A police interview under caution is one of the most critical moments in the first 24 hours. What is said, or not said, can shape the direction of the case.
Do I have to answer police questions straight away?
No. You have the right to remain silent and the right to legal advice.
Police interviews are conducted under caution, meaning anything said can be used as evidence. Many people feel pressure to explain themselves, especially if they believe they have done nothing wrong. This is often where mistakes are made.
A specialist solicitor will advise whether to:
- Answer questions
- Provide a prepared statement
- Give a “no comment” interview
There is no single correct approach, and it depends on the evidence and circumstances. What matters is that the decision is made with expert advice, not under pressure.
No one should ever be interviewed for murder or manslaughter without a solicitor present.
Post-Mortem Arrangements Explained
In any suspicious or unexplained death, the coroner will order a post-mortem examination. This is usually carried out within 24 – 24 hours by a Home Office registered forensic pathologist.
The post-mortem helps establish:
- The cause of death
- The time of death
- Whether injuries are consistent with an assault
- Whether drugs, alcohol or poison were involved
The physical examination typically takes a few hours, but full results can take weeks if toxicology or further testing is required.
Families are often distressed by the idea of a post-mortem, but it is a necessary step in determining what happens after a suspicious death.
The body is usually released to the family once examinations are complete, allowing funeral arrangements to proceed.
A second post-mortem is common in suspected homicide cases. It is usual for a second to be held where there is an identified suspect or there is a request by the police to hold a second examination when a suspect may be identified but not charged. It is important to note that a second postmortem is not an automatic right of the defence.
A second port-mortem will be carried out by a different pathologist, considering the original report and to then agree or challenge the original report’s conclusions.
Family Liaison Officers and Next of Kin
When a death is treated as suspicious, police will usually appoint a Family Liaison Officer (FLO) for the deceased’s next of kin.
The FLO acts as the main point of contact between the family and the investigation team. Their role includes:
- Explaining procedures and timescales
- Providing updates where possible
- Supporting families through post-mortem and identification processes
Do police interview family after a death?
Yes. Family members may be asked to provide statements as witnesses. This is routine and not an indication of suspicion.
What will the police tell you if a family member has been arrested?
Families of someone who has been arrested often feel isolated. In these cases, communication usually comes through the suspect’s solicitor rather than the police. At Olliers, we regularly support families alongside our clients, helping them understand what is happening and what to expect next.
What You Should Not Do Without Legal Advice
In the immediate aftermath of a death, panic can lead to serious mistakes. Without legal advice, you should not:
- Speak in detail to police
- Attempt to explain or justify events
- Contact witnesses or others involved
- Post on social media or discuss the case publicly
- Remove or interfere with potential evidence
Even innocent actions can be misinterpreted. Silence and legal guidance are often the safest course.
How a Criminal Defence Solicitor Can Help Immediately
Early legal intervention is critical in murder and manslaughter investigations. A specialist criminal defence solicitor can:
- Attend the police station immediately
- Prevent inappropriate questioning
- Advise on interview strategy
- Ensure custody rights are protected
- Begin gathering defence evidence
- Liaise with police and the CPS
This is not work for a general criminal solicitor with a busy Magistrates’ Court caseload. Murder and manslaughter cases demand experience, resources, and strategic thinking from the very outset.
Olliers is a nationally recognised leader in murder and manslaughter defence, with specialist expertise in complex cases including joint enterprise, forensic evidence, and police station representation. Our team is available 24 hours a day, nationwide.
Frequently Asked Questions
When the police attend a sudden or unexpected death in England and Wales, their role is to establish what has happened and whether the death may involve criminal conduct. This applies even where there is no immediate sign of wrongdoing. Police attendance is standard and does not mean anyone is being accused.
Officers will first check whether the person is alive and ensure paramedics have attended. Once death is confirmed, police will treat the location as a potential death scene. They will make initial observations, identify who is present, and ask basic questions to understand the circumstances. This may include when the deceased was last seen alive, whether they had medical conditions, and what events led up to the death.
Until the cause of death is clarified, police must treat the situation as potentially suspicious. This is part of proper sudden death police procedure and protects the integrity of any later investigation. Officers may restrict access to the scene, take photographs, and arrange for forensic officers to attend if required.
The police will notify the coroner, who has legal responsibility for investigating unexplained deaths. If the death appears natural and non-suspicious, police involvement may be brief. If concerns remain, the investigation escalates and specialist officers may attend.
For families, this can feel intrusive and overwhelming, but it is a necessary process designed to establish the truth and ensure nothing is missed. If you are present at a sudden death, it is important to remain calm and seek legal advice before providing detailed explanations, particularly if the circumstances are complex or unclear.
Not everyone connected to a death will be arrested. Police can only arrest someone if they have reasonable grounds to suspect that person was involved in causing the death and believe arrest is necessary to allow the investigation to proceed.
In many sudden death cases, no arrest is made at all. Police may initially treat those present as witnesses while they gather information, await post-mortem results, or assess forensic evidence. An arrest may occur later if evidence emerges pointing to a particular individual.
However, in some cases arrests are made very quickly, particularly where there are signs of violence, witness allegations, or inconsistencies in accounts. Being arrested after a death in the UK does not mean the police believe you are guilty; it allows them to lawfully detain you, conduct interviews under caution, and prevent interference with evidence.
For serious allegations such as murder or manslaughter, police may seek to detain a suspect for extended periods, subject to legal safeguards. This can be frightening, especially for families watching a loved one taken into custody at an already traumatic time.
If you are arrested, it is critical to ask for a solicitor immediately and avoid answering questions until you have received specialist legal advice. Early representation can significantly affect what happens next, including whether you are charged, released on bail, or released under investigation.
No. You do not have to answer police questions straight away, or at all, without legal advice. If you are questioned under caution, you have the right to remain silent and the right to speak to a solicitor before any interview takes place.
Police interviews are formal, recorded, and anything said can be used as evidence. Many people feel pressure to explain themselves quickly, particularly if they believe they are innocent. Unfortunately, this is often when mistakes are made.
You may be advised by a solicitor to answer questions, provide a prepared statement, or give a “no comment” interview. The correct approach depends on the evidence, what the police have disclosed, and your individual circumstances.
While the law allows courts to draw limited adverse inferences from silence in certain situations, this does not remove your right to remain silent. In serious cases such as murder or manslaughter, remaining silent is often the safest option until the defence understands the full picture.
You should never be interviewed without a solicitor present. If police attempt informal questioning outside a recorded interview, you are entitled to politely decline. Taking time to obtain proper legal advice is not obstructive, it is sensible and protects your position from the outset.
In cases of sudden or suspicious death, a post-mortem examination is ordered by the coroner. This usually takes place within 24 to 72 hours of the death, particularly where a police investigation is ongoing.
The physical examination itself typically lasts a few hours. A forensic pathologist will examine the body externally and internally to determine the cause of death, identify injuries, and collect samples. In many cases, an initial cause of death is identified quickly and shared with police soon after the examination.
However, further testing is often required. Toxicology tests for drugs, alcohol or poison and microscopic tissue analysis can take several weeks. As a result, the final post-mortem report may not be completed for some time.
For families, waiting for post-mortem results can be distressing, particularly where funeral arrangements are delayed. In most cases, the body is released once examinations are complete, even if further laboratory results are pending.
For those under investigation, post-mortem findings can be pivotal. They may support or contradict allegations, clarify timelines, or determine whether the death resulted from natural causes, accident, or unlawful action.
A specialist defence solicitor will carefully review post-mortem evidence and, where appropriate, instruct independent experts to challenge conclusions or request further examination.
Can a solicitor attend the police station with me?
Yes. You have a legal right to have a solicitor attend the police station with you for any interview under caution, whether you are arrested or attending voluntarily. This legal advice is free of charge under the police station legal aid scheme.
If you are arrested, you should ask for a solicitor immediately and name the firm you wish to represent you. Police must allow you to consult privately with your solicitor before any interview begins.
If you are invited to attend a voluntary interview, you are still entitled to legal representation. Voluntary does not mean informal, the interview is recorded and conducted under caution.
A solicitor’s role is to protect your rights, advise on interview strategy, challenge unfair questioning, and ensure proper procedures are followed. In serious cases such as murder or manslaughter, having a solicitor with specialist experience in heavyweight crime is essential.
While duty solicitors are available, not all have experience in complex homicide cases. Instructing a specialist firm ensures early strategic decisions are made correctly and that your position is protected from the very beginning
Olliers Solicitors – specialist murder and manslaughter solicitors
If you or someone you love is under investigation or facing prosecution for murder or manslaughter, the decisions made in the first 24 hours can change everything.
Do not rely on a general solicitor or wait for matters to escalate. Contact Olliers Solicitors immediately for confidential, specialist advice from a heavyweight serious crime team with decades of experience.
We are ranked as a Top Tier firm by the Legal 500 and Chambers. We are a Times Top 200 law firm and we have won the Manchester Legal Awards Crime Team of the Year on eight occasions since 2011.
We are here to protect your rights, guide you through the process, and provide calm, authoritative support when it matters most.
Call 0161 834 1515 (Manchester) or 020 3883 6790 (London), email info@olliers.com or complete the website enquiry form for a confidential discussion.
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Olliers’ Managing Director Matthew Claughton is an outstanding criminal defence lawyer ranked by the Legal 500 2026 as a top tier practitioner in criminal law as well as the Northern Powerhouse Criminal Lawyer of the Year 2023. He has won the Manchester Legal Awards Partner of the Year twice.