While hopefully there will never be a day when you find yourself under arrest, it’s important to know exactly what to do should the worst happen. It will help you to protect yourself, which could lead to a faster release or a drop in charges.
If you don’t want to put a foot wrong, read the below advice on what to do if you are arrested in the UK.
Understand Your Rights
You will likely be transported to a police station if you are placed under arrest. Before you are taken to a cell to be held in custody, you should be informed of your rights, which will be presented on a piece of paper. However, you are free to ask questions if you don’t understand your rights.
For example, you will have a right to:
- Inform a loved one that you have been arrested
- Hire a solicitor to talk to them in private about your case
- Medical treatment if you are ill
- An appropriate adult at a police station if you are under the age of 17 years old
- Contact your parents, carers or guardians if you are under 18 years old
The Right to Silence
The police will state, “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…”. So, while you do have a right to silence, maintaining it could potentially harm your case.
If you choose to remain silent during a police interview, both a judge and jury might question why you were tight-lipped at the start of your case. Consequently, they will be less likely to believe your story. It’s for this reason why you should contact a solicitor before a police interview, so they can ensure you do not say the wrong thing.
Choose the Best Solicitor
It is wise to contact a solicitor with extensive experience in cases similar to yours. For example, if you are charged with supply of class A drugs, it helps to have a drug conspiracy solicitor on your side, as they could help you to avoid potential charges, ensure any additional charges are dropped or could help you to receive a less severe penalty.
Know How Long the Police Can Hold You
If the police suspect you are guilty of an offence, they only have a right to hold you for 24 hours if they do not charge you. If, however, the offence is rather serious, they have a legal right to hold you for an additional twelve hours.
In rare cases, the police will ask the court if they can hold you for longer, but it will only grant an additional 96 hours prior to being charged.
You Have a Right to Make a Complaint
If you believe you were unfairly treated when placed under arrest, you have a right to complain amount a member of the police staff. It is often best to make a complaint to the custody officer before leaving a police station, and you also can contact Citizen’s Advice regarding your rights and for assistance making a complaint.
