Your rights when arrested: 4 protections under PACE codes
SaveWhen police arrest you in England and Wales, you have specific rights that officers must respect. The first is access to free legal advice, followed by the right to have someone informed of your arrest, and the right to medical help if you need it. Below you will find what the custody sergeant must tell you, how to ask for help, and the protections built into the system at HS Criminal Law.
Protections under the Police and Criminal Evidence Act
The Police and Criminal Evidence Act provides four core protections once you are in custody. You may consult a solicitor in private at any time, free of charge. You may have someone told where you are. You may see the custody record, which logs everything that happens to you at the station. You may receive medical attention if you are injured or unwell.
These are not courtesies. The custody sergeant must tell you about them and record that you have been told. If officers delay access to a solicitor, they need written authority from a senior officer, and only in narrow circumstances.
Free legal advice and why it matters
Every person arrested has the right to speak to a solicitor without paying. The duty solicitor scheme means a qualified solicitor is available at any hour, and the call is private. Officers cannot listen in unless you agree.
A solicitor can advise you whether to answer questions in interview or to give no comment. They can challenge police conduct and ensure officers follow the rules. In practice: the interview does not begin until your solicitor arrives, unless you choose to proceed without one.
When police may delay access
Delay is allowed only for serious offences and only when a superintendent believes access would lead to interference with evidence or harm to others. Even then, the delay cannot exceed thirty-six hours, and you must be given reasons in writing. Most arrests do not meet this threshold.
Having someone informed of your arrest
You may ask the custody officer to tell one person that you have been arrested and where you are being held. That person can be a family member, friend or employer. The call is made on your behalf by police, not by you directly.
If the person you name cannot be reached, you may nominate someone else. Delay is possible in the same narrow circumstances as for legal advice, and again only with senior authorisation. The person you name will not be told why you were arrested unless you give permission.
Medical attention and other needs
You may ask for medical help if you are hurt, feeling unwell, or taking medication. A healthcare professional attends the station to assess you, and treatment is provided where needed. You may also ask for food, drink and rest.
If you need medication regularly, tell the custody sergeant when you arrive. Officers must make reasonable adjustments if you have a disability or other condition that affects your time in custody.
What the custody record shows
The custody record is a written log of your time at the station. It notes when you arrived, what you were told, when you saw a solicitor, when interviews began and ended, and when you were released or charged. You may ask to see it at any time while in custody, and you may request a copy when you leave.
Keep the copy. It becomes important if there is a dispute later about how you were treated or what was said. The record is an official document, and courts take it seriously.
Steps to take if arrested
- Ask for a solicitor immediately. Say the words out loud to the custody sergeant as soon as you can. The interview will wait.
- Give the name of someone to inform. Choose a person you trust who can help on the outside, whether that means looking after dependants or gathering documents.
- Tell custody staff if you need medical help or medication. Do not wait for them to ask. Speak up if you feel unwell.
- Request a copy of the custody record before you leave. You are entitled to it, and it may be useful later.
Comparing your options in interview
| Approach | What it means | When it suits |
|---|---|---|
| Answering questions | You respond to what officers ask, on the record | When your solicitor advises it and you have a clear account |
| No comment | You decline to answer, relying on your right to silence | When the allegations are unclear or evidence is incomplete |
| Prepared statement | Your solicitor reads a written account; you then give no comment | When you want your version on record but prefer not to be questioned |
Understanding the caution
Before any interview, police must caution you. The caution explains that you do not have to say anything, but it may harm your defence if you fail to mention something you later rely on in court. This does not mean silence is wrong. It means a court may draw conclusions if you introduce new facts at trial that you could have mentioned earlier. A solicitor helps you weigh that risk.
What happens after custody
Police may release you without charge, release you on bail while they investigate further, or charge you and either bail you to court or keep you in custody overnight for a court hearing the next day. The custody officer decides which path to take, based on the evidence and the seriousness of the allegation.
If you are charged, the custody record will state the offence. You will be given a date to appear at the magistrates' court, and you should arrange legal representation before that date if you have not done so already.
Rights for young people and vulnerable adults
If you are under eighteen, the custody officer must contact an appropriate adult—usually a parent, guardian or social worker—who has the right to be present during the interview and to consult with you privately. The interview cannot proceed until that person arrives, unless a senior officer authorises delay to prevent harm or loss of evidence.
The same safeguard applies if you are an adult with a mental disorder or learning disability. You may ask for an appropriate adult yourself, and officers must consider the request. This is in addition to your right to a solicitor, not instead of it.
Download PDF: Your rights in police custody: a checklist to keep with you PDF, 29 KB
Further reading
Frequently asked questions
What happens if I refuse to give my name when arrested?
Refusing to give your name can lead to a longer stay in custody, as police may hold you until they can confirm your identity. It is not a separate offence, but it makes the process slower. A solicitor can advise you on the best approach.
How long can police keep me in custody without charge?
Police may hold you for up to twenty-four hours before deciding whether to charge or release you. A superintendent can authorise an extension to thirty-six hours for serious offences, and magistrates can allow up to ninety-six hours in some cases. Your solicitor can challenge any extension.
What if I do not speak English well enough to understand the interview?
Police must arrange an interpreter if you need one, and the interview cannot proceed until the interpreter arrives. You have the right to understand what is being asked and to give answers in your own language. The interpreter is independent and must not be a friend or family member.
Can I change my mind about speaking to a solicitor after the interview starts?
Yes. You can ask for a solicitor at any point, and the interview must stop until you have had a chance to speak to one in private. Officers should remind you of this right if they think you may not understand it.
What does it mean if police say the interview is under caution?
An interview under caution means anything you say can be used as evidence in court. You must be cautioned before questions begin, and the caution explains your right to silence and the possible consequences of staying silent.
How do I get a copy of the custody record if I forgot to ask for it?
You can request a copy from the police station after you leave. Contact the custody suite or the police force's general enquiries line, and give your name and the date you were held. There may be a small fee, but many forces provide the first copy without charge.
What rights do I have if arrested at my home rather than on the street?
Your rights are the same regardless of where you are arrested. Once you arrive at the police station, the custody sergeant must inform you of your rights to legal advice, to have someone told, and to medical help. The location of the arrest does not change these protections.