Your Rights at the Police Station: What You Need to Know If You’re Arrested or Interviewed

Being arrested can be frightening, especially if it’s your first time dealing with the police. Not knowing what will happen next can make you feel anxious and unsure, particularly if you are asked to take part in an interview under caution. The time you spend at the police station is often the first stage of an investigation and can affect what happens later in your case. 

That’s why it’s important to understand your rights in advance. If you are arrested, knowing what you are entitled to from the start can help you stay calm and make informed decisions. 

What are your rights if you are arrested and when should the police tell you why you are under arrest? 

To arrest you, the police must have reasonable grounds to suspect you have been involved in a criminal offence, and they must also believe that an arrest is necessary. 

The police can arrest you at any time and in many places, including at home or at work. When they arrest you, they should identify themselves and tell you clearly that you are under arrest, what you are suspected of, and why the arrest is necessary. They should also make it clear that you are not free to leave. 

If the person being arrested is under 18, the police should only arrest them at school if it is unavoidable. The headteacher should be told what is happening, and the police should contact a parent, guardian, or carer as soon as possible after the child arrives at the police station. 

If someone is aggressive or resists, the police can use “reasonable force” to detain them. In most situations, it is best to stay calm and cooperate. 

How long can the police detain me in custody for? 

On arriving in police custody, your custody time clock commences. The police can detain you for up to a period of 24 hours before a decision is to be made on how the case proceeds for example; whether a charging decision is made, whether you are to be bailed potentially with conditions, whether you are to be released under investigation or if there is a decision authorised to take no further action. 

The police can however apply to hold you for up to 36 hours or in a case where the allegation is of a particularly serious nature can apply to the Magistrates’ Court for up to 96 hours, for example, in a murder investigation. 

Different time limits can apply in terrorism cases. Under section 41 of the Terrorism Act 2000, the police can arrest someone without a warrant and keep them in custody for up to 48 hours to investigate. If the police want to keep the person for longer, they must apply for a “warrant of further detention” before that 48-hour period ends. A single warrant can authorise detention for up to 7 days. 

Your right to free legal advice at the police station 

A police interview can feel overwhelming. One of the most important things to remember is that you have a right to free and independent legal advice. Police stations are open 24 hours a day, 7 days a week, and at Olliers we aim to be available at any hour to advise people who are in custody or due to be interviewed. We strongly recommend asking for a solicitor and having them present for any interview, even if you have been interviewed by the police  before. 

If you ask for a solicitor, you must be allowed to speak to them as soon as practicable. The police can only delay this in limited situations. Any delay is only allowed if you are being detained for an indictable offence and a Superintendent (or above) authorises it. The officer must have reasonable grounds to believe that letting you speak to a solicitor straight away would, for example, risk interference with evidence, lead to physical injury to someone, or alert other suspects who have not yet been arrested. 

Should you answer questions or exercise your right to silence? 

Your solicitor is there to protect your interests and guide you through the interview. They will explain the law, what the police must prove, and what the possible outcomes are. They will also review the evidence the police disclose and discuss your account with you, so you can decide on the safest approach to the interview. 

There are three common ways an interview can be handled: 

• Answering questions and providing an account; 
• Drafting a prepared statement with your solicitor which is signed and read out on your behalf at the beginning of interview; or  
• Exercising your right to silence (for example, answering “no comment”). Some people worry this looks uncooperative, but it is a legal right. In certain situations, your solicitor may advise this approach, especially if the police have given limited information or important enquiries are still ongoing. 

What is the caution? 

When you are arrested and at the start of any interview, the police will give you the caution. It begins: “You do not have to say anything …” This means you have the right to stay silent and you do not have to answer police questions. Depending on the situation, and on your solicitor’s advice, saying “no comment” can be the safest option, particularly where the police have provided limited information, the investigation is at an early stage, or key enquiries are still outstanding. 

It is also important to think ahead to what may happen later. If you give “no comment” in interview but later put forward an explanation in court, the court may ask why you did not mention it earlier. In some situations, the court is allowed to draw an “adverse inference” from that silence. This does not mean you lose your right to silence, but it does mean you should make the decision carefully, with legal advice, based on the evidence and what has (and has not) been disclosed. 

Your right to be informed and treated properly 

When you arrive in custody, the police should explain your rights clearly. This includes your right to free and independent legal advice. 

If you are under 18 or the police consider you a vulnerable adult, you usually have the right to have an appropriate adult with you. This could be a family member (who is not involved in the allegation) or someone provided through an approved scheme. Their job is to help you understand what is happening and to make sure the process is fair. They are not a solicitor and cannot give legal advice. 

If you ask for a solicitor, the police should not interview you until you have had legal advice. There are limited exceptions in very serious cases, but these are tightly controlled. 

Throughout your time in custody, your solicitor (and appropriate adult, if you have one) will help make sure you are treated with respect, dignity and fairly. 

Your rights during the police interview  

Your interview is your interview. You can pause or stop it at any time to speak privately with your solicitor. This can be especially important if the police put new information to you that was not disclosed beforehand, or if your solicitor needs to take further instructions. 

Your solicitor will also consider whether the interview is being conducted properly and whether answering questions at that stage is in your best interests. 

During the interview, your solicitor will listen carefully to what is said and watch how the police conduct the questioning. If there are concerns about the way the interview is being handled, your solicitor can raise this with the officers. This can include challenging unfair or oppressive questioning, or any pressure to answer questions when you are exercising your right to remain silent. 

If you are unwell, injured, on medication, or have any other health concerns, tell your solicitor and the custody staff. A nurse or doctor can be asked to assess you. This is particularly important where someone is vulnerable, or where there are doubts about whether they are fit to be interviewed. 

Your right to contact someone 

You have the right to have someone told about your arrest (for example, a family member or friend). In most cases, the best advice is to keep details about the allegation to a minimum at this early stage and only speak to people you trust for support. If you do not want anyone to be informed, the police can usually respect that choice, unless you are under 18. Often the notification happens after the interview, or your solicitor can contact someone for you if you give permission. 

For serious indictable offences, the police can delay telling the person you nominate in limited circumstances, for example, to prevent interference with evidence or to reduce the risk of harm to others. 

Searches, fingerprints and DNA samples 

The police may ask to take fingerprints, photographs and DNA, and they may also ask for other samples. This can feel intrusive, so it helps to understand the difference between intimate and non-intimate samples, and when the police can take them. 

An intimate sample can include blood, semen, urine, dental impressions, or a swab taken from a bodily opening other than the mouth. The police can take an intimate sample if you give the appropriate consent and an Inspector (or above) authorises it. If you refuse, the police may record that refusal and warn that it could harm your defence later if the case goes to court. 

Even if you are attending voluntarily (and are not under arrest), you are still being investigated. It is important to take requests for samples and questions seriously, and to get legal advice about the best way to respond. 

A non-intimate sample can include hair, a scraping from under a nail, or a saliva swab. If you are detained after an arrest for a recordable offence, the police may be able to take a non-intimate sample with your consent, or, in some situations, without your consent. If necessary, the police can use reasonable force to take the sample. 

The police can search you and your property. In some situations, they can carry out a search without a warrant, but this is limited and usually depends on having reasonable grounds to believe they will find evidence linked to the offence, or items that could be used to escape or cause harm. 

Why early legal advice at the police station matters  

Getting legal advice early helps protect your position from the very start of an investigation. Having a solicitor with you can make a real difference. 

Without a solicitor, you may have very limited information about the allegation. Police interviews can also feel unfamiliar and pressurised, and it is easy to say something that is misunderstood or taken out of context. A solicitor can make sure your rights are followed, explain what the police are alleging, and help you decide how to respond. 

At Olliers, we aim to make this process feel less overwhelming by giving calm, practical advice from the outset. If you ask for legal advice when you arrive in custody (or before a voluntary interview), we can help you prepare for the interview and protect your position if the case develops. 

Frequently asked questions