At the Police Station

At the police station you will be presented to the custody officer who will tell you why you’ve been arrested. The custody office must also explain your legal rights to you.

You will be searched and any possession taken off you while you are in the cell. Once held you are entitled to get regular breaks for food, washing and use of the toilet.

Usually you can only be held for more than 24 hours before you have to be charged with a crime but if you are suspected of committing a serious crime then that period can be extended.

You can be held for a further 36 hours on the say so of a police superintendant at the station or for a further 96 hours by a court at the request of the police.

If you still haven’t been charged after this time then you must be released.

If you are under 17 the police must find someone over 18 like a parent or guardian to come to the station and act as an “appropriate adult”.

Giving samples:

You cannot refuse to give the police a DNA sample or to take your photograph or fingerprints. Once taken these samples are stored on a Police database and can be used to identify you in the future.

If the police require a blood or urine sample then they must have either your permission or that of a senior police officer before they take them.

In cases of suspected drink driving you must give samples of breath, blood or urine regardless of whether or not your legal advisor has turned up yet. You cannot delay giving a sample by waiting for them.

Being questioned:

When you are questioned the interview should be recorded. Before you answer any questions the police you should have been read the police caution. You need to be very clear that you understand the police caution before you answer any questions and you can ask for it to be explained to you before you do.

If you’re disabled then you have the right to support at the police station.

Should you answer questions or not?

You can answer questions, exercise your right to silence or provide the police with a written account, known as a Prepared Statement.  You should always ask for a solicitor so that you can be fully advised as to your own specific situation.

Whether or not to answer questions or give an account is an individual consideration and will depend on the particular circumstances.  A solicitor will be able to advise you based on all the information available at the time. 

The decision whether to give an account is entirely up to you.  A solicitor can advise you as to the implications and choice of possible outcomes depending on your specific case.

Funding legal advice at the police station:

Whether you attend as a volunteer or have been arrested, all legal advice from a solicitor at a police station is free.

It is free at this stage regardless of your financial circumstances.

You can ask for a nominated solicitor of your choice or the duty solicitor.  All defence solicitors are independent and do not work for the police. 

The duty solicitor will be the solicitor on call for that particular day/night and will be in hand to be at the police station as soon as possible.  It will not cause a delay in your case by asking for a solicitor.

You can only be made to wait for legal advice in the most serious of cases. 36 hours is the maximum rising to 48 hours in the case of suspected terrorism.

Once you ask for legal advice you should not be questioned further until it is provided.

You can change your mind at any time and ask for legal advice even if you’ve previously refused it.