Arrest and detention at a police station is always a traumatic event. A suspect’s family in particular are often in the dark when it comes to a detainee’s rights and what happens during detention. Full details are in the Police and Criminal Evidence Act Code of Practice C, but detainees understandably find it difficult to get their head around what is happening at the time. This is a summary of the main points encountered when we represent suspects at a police station.

In summary:

1. Tell the police if you want a lawyer to help you while you are at the police station. This is free if you ask for the ‘duty lawyer’, who may or may not be a solicitor.
2. Tell the police if you want someone to be told where you are. This is free. It does not necessarily mean that you will be permitted to speak to someone on the phone directly, but custody staff will usually let you do so – so long as speaking to someone directly is not going to significantly prejudice the investigation.
3. Tell the police if you want to look at their rules – they are called the Codes of Practice, but they are quite a substantial read. In practice, a lawyer will explain the relevant parts of the code to you.
4. Tell the police if you need medical help. Tell the police if you feel ill or have been injured. Medical help is free. The custody staff will ask you questions about your health. They can usually obtain access to necessary medication, even if this means bringing it from your home. A nurse is usually on call for each police station if required.
5. You will be given a ‘caution’ when you are booked into custody. If you are asked questions about a suspected offence, you do not have to say anything. However, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. The police cannot provide advice on whether you should answer questions. Best practice is to ask for advice from a lawyer.
6. The police must tell you about the offence they think you have committed and why you have been arrested, as opposed to being invited for an interview by appointment.
7. The police must give you or your lawyer information about why you have been arrested and are being detained and what has happened so far during your detention at the police station.
8. If you need an interpreter, the police will provide one. An interpreter will usually attend in person but can also be accessed by phone link. You can also have certain documents translated free of charge.
9. Tell the police if you are not British and you want to contact your embassy or consulate. This is free.
10. The police must tell you how long they can detain you for. Most detainees are kept at the police station for much less than 24hrs, but this limit can be extended in particular circumstances.
11. If you are charged and your case goes to court, you and your lawyer have a right to see a sufficiently detailed summary of the prosecution evidence before the court hearing. The information needs to be comprehensive enough to allow your lawyer to advise on the strength of the prosecution case and to take your instructions before providing advice on what can happen next.

How can I access a lawyer at the police station?

A lawyer can help and advise you about the law. They will often be a solicitor but can be a legal executive with qualifications and experience allowing them to advise suspects at police stations. Representation from the duty lawyer is free of charge. Assuming they are available, you can appoint a lawyer of your choice. They will often be free of charge, but this will vary from lawyer to lawyer.

Asking to speak to a lawyer does not make it look like you have done anything wrong. The police will not take it personally if you ask for legal representation.

The Police Custody Officer must ask you if you want legal advice.

The police must let you talk to a lawyer at any time, day or night, when you are at a police station.

If you ask for legal advice, the police are usually not allowed to ask you questions until you have had the chance to talk to a lawyer. When the police ask you questions, you can ask for a lawyer to be in the room with you, usually during a formal interview under caution. In some cases, a phone or video link with the lawyer is quicker and more effective, but the lawyer will abide by your preference.

If you tell the police that you don’t want legal advice but then change your mind, tell the police custody officer who will then help you to contact a lawyer.

If a lawyer does not turn up or contact you at the police station, or you need to talk to a lawyer again, ask the police to contact them again.

Free legal advice about some less serious matters:

In some less serious matters, free legal advice is limited to telephone advice from qualified advisors from the Criminal Defence Service (CDS) Direct unless limited exceptions apply when a lawyer should come to the police station, such as:

(i) the police want to ask you questions about an offence or carry out an eyewitness identification procedure.

(ii) you need help from an “appropriate adult”. See “People who need help”.

(iii) you are unable to communicate over the telephone, or

(iv) you allege serious misconduct by the police.

When free advice is not limited to telephone advice from CDS Direct, you can speak to a solicitor you know. You won’t normally have to pay if they undertake legal aid work and they are based sufficiently close to the police station to fall under the local legal aid scheme. If you do not know a solicitor or the solicitor you know cannot be contacted, you can speak to the duty lawyer free of charge. The duty solicitor is not employed or chosen by the police. They will be from a local firm of solicitors with experience in representing suspects at police stations. However, representation from a duty lawyer with a particular specialism or seniority cannot be guaranteed.

The DSCC and CDS Direct are independent services responsible for arranging free legal advice and have nothing to do with the police.

If you want to pay for legal advice yourself:

You can pay for legal advice if you want to. When free legal advice is limited to telephone advice from CDS Direct you can still speak to a solicitor of your choice on the telephone if you want to, but they will not be paid for by legal aid and may ask you to pay them. This can be difficult organise on the day of arrest.

Telling someone that you are at the police station.

You can ask the police to contact someone who needs to know that you are at the police station. They are obliged to contact someone for you as soon as they can.

Looking at the Codes of Practice

The Codes of Practice are rules which will tell you what the police can and cannot do while you are at the police station. The police will let you read the Codes of Practice, but you cannot do this if the resulting delay is going to significantly prejudice the investigation.

Getting medical help if you are unwell or injured.

Tell the police if you feel ill or need medicine or have an injury. They will call a doctor or nurse or other healthcare professional free of charge. You may be allowed to take your own medicine, but the police will have to check first. A nurse will usually see you first, but the police will send for a doctor if you need one and medication can be prescribed. You can ask to see another doctor, but you may have to pay for this.

Right to remain silent

If you are asked questions about the suspected offence, you do not have to say anything. However, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. This can include comments made outside the scope of the interview under caution.

A lawyer can advise on whether you should say anything to the police and if so, what form your comments should take; verbal or written. This can be a very important decision at the beginning of an investigation.

Disclosure of the allegation(s)

The police must tell you about the nature of the offence(s) they think you have committed. This includes when and where they think it was committed. The police must tell you why they think you committed the offence and why they believe they needed to arrest you.

Consequently, before you are asked any questions about any offence, the police must give you and your lawyer enough information about what the police think you have done so you can defend yourself by deciding what to say (if anything) during interview. This is usually referred to as ‘pre-interview disclosure’. The police will sometimes withhold information because they think disclosure prior to interview could prejudice the investigation. Your lawyer can challenge non-disclosure and question officers about the allegations to obtain as much information as possible prior to interview. The information will assist your lawyer when advising you to:

(i) Make no comment to all questions, or

(ii) Answer questions and deny the allegations, or

(iii) Answer questions and admit the allegations, or

(iv) Make a written statement in place of answering questions, or

(v) Make a written agenda or summary, setting out issues you wish to raise during interview.

Seeing records and documents about your arrest and detention

When you are detained at a police station, the police must record the reason and need for your arrest and why they believe you need to be detained as part of investigating the allegation(s). The custody officer will arrange access to this information so you or your lawyer can check the lawfulness of your arrest and detention.

Getting an interpreter and translations of certain documents to help you.

If you do not speak or understand English, the police will arrange for someone who speaks your language. This is free of charge at the police station. If you are deaf or have difficulty speaking, the police will arrange for a British Sign Language English interpreter to help you free of charge. The interpreter / translator will convey the custody officer’s explanation of why you were detained etc. They will also be available for the private consultation with your lawyer and can attend the interview.

In company with the custody officer or your lawyer, they will help you understand the result of the interview process and any charges arising. Much of this information will be provided in writing in your own language. The translator / interpreter can also help with written answers you might wish to provide as part of the process and will sometimes be asked to sign documents to confirm your understanding of events or decisions during detention.

Contacting your embassy or consulate

If you are not British, you can tell the police that you want to contact your High Commission, Embassy or Consulate to tell them where you are and why you are in the police station. They can also visit you in private or arrange for a lawyer to see you.

For how long you can be detained

You can normally be detained for up to 24 hours without being charged. This can be longer but only if the offence could be tried by a judge and jury in a crown court and a Police Superintendent or a court allows it to happen in accordance with strict rules.

After 36 hours, only a court can allow the police more time to detain you without being charged. Every so often during your detention, a senior police officer must consider your case to see if you should still be kept at the police station. This is called a review and the officer is the reviewing officer. Unless you are not in a fit state, you have the right to have a say about this decision in writing or by telling the review officer in person or over a video link. Your lawyer also has a right to make oral or written representations about this on your behalf.

If the review officer doesn’t direct your release at the point of review, you must be told why and the reason must be recorded in your custody record.

Release with or without bail

If your detention is no longer necessary, you must be released. If the police say they want to continue investigating the offence, you will be released either on bail or without bail. If bailed, you must be given a written notice explaining that you must return to the police station on a particular day and time. It must explain any conditions that may apply to your bail.

If you are released without bail, this is referred to as being ‘released under investigation’. This means what it says. Although you have not been released with an obligation to return to the police station on a particular date, the police will contact you when their investigation is complete. This may result in an invitation for a further interview, a discontinuance of the investigation or a charge / summons to go to court.

A court extension of detention

When police want to ask a court to extend your detention, you will be brought to court for a hearing unless a video link (if appropriate) is available, so you can see and hear the people in the court and they can see and hear you. You do not have to consent to a video link and you can receive advice on the point from your lawyer.

You must be given a copy of the information which tells the court about the evidence and why police want to keep you in custody. You have a right to have a solicitor with you for the court hearing. The police will only be allowed to keep you in custody if the court believes it is necessary (i.e., that other less intrusive means of investigating are unsuitable) and that the police are investigating your case carefully and without wasting time.

If the police have enough evidence to send you to court, you may be charged at the police station or by post, to appear at court.

Access to the evidence if your case goes to Court.

If you are charged with an offence, you or your lawyer must be allowed to see the evidence against you as well as other material which may help your defence. In a complex case, all of the evidence might not be available at the first hearing. If so, the court will make directions about when the prosecution need to serve their whole case and it may be sensible to delay a guilty or not guilty plea until the defence have seen the evidence. If you instruct a lawyer, they will advise you on your options at the first hearing.

How you should be treated and cared for

The Codes of Practice tell you about what you can expect while you are kept at the police station. You can access a copy of the code during your detention, or the custody staff can answer questions about your care. After your release from the police station, a lawyer can compare the care you received against the code to see if you were treated properly.

The appropriate adult

If you are under 18 or are vulnerable, for example if you have learning difficulties or mental health problems, then you have a right to have someone with you when the police do certain things. This person is called an “appropriate adult”.

An appropriate adult will help you understand what’s happening and look after your interests. They must be with you when the police tell you about your rights and tell you why you are being kept at the police station. They must also be with you when the police read the police caution to you.

Your appropriate adult can also ask for a lawyer on your behalf. An appropriate adult cannot give legal advice, although many of them are very experienced in attending police stations and can tell you what to expect from a lawyer.

You can speak to your lawyer without your appropriate adult in the room if you want to.

The police might also need to do one of the things listed below while you are at the police station. Unless there are special reasons, your appropriate adult must be with you for the whole time if the police do any of these things:

• Interview you or ask you to sign a written statement or police notes.
• Remove more than your outer clothes to search you.
• Take your fingerprints, photograph or a DNA or other sample.
• Carry out anything to do with a witness identification procedure.

Your appropriate adult should be given a chance to be available in person or on the phone to help you when the police review your case to see whether you should be detained further.

If your appropriate adult is available, they must be present when the police charge you with an offence.

Getting details of your time at the police station

Everything that happens to you when you are at the police station is recorded on a custody record. When you leave the police station, you (or your lawyer or your appropriate adult) can ask for a copy of the Custody Record. The police must provide a copy of your Custody Record as soon as they can. You can ask the police for a copy of your Custody Record up to 12 months after you leave the police station, although this time may be extended if your case goes to court.

Keeping in touch

As well as talking to a lawyer and having a person told about your arrest, you will usually be allowed to make one phone call. You can also ask for a pen and paper, although the custody staff can refuse to provide these items if they have reasonable cause in identifying a significant risk of harm to you or others.

You may be able to have visitors, but it is not a right and the custody officer can refuse to allow a visit. Some custody areas are not very well suited to accommodating visitors. The police will not normally permit friends or family to provide a detainee with food or personal items. The police will sometimes allow a detainee to have replacement clothes and medication from home can often be brought to the police station, subject to checking by the nurse or doctor on duty. The custody officer will decide what can and cannot be supplied to a detainee.

Your cell and personal needs

If possible, you should be kept in a cell on your own. It should be clean, warm and lit. Your bedding should be clean and in good order. You must be allowed to use a toilet and have a wash. You must be asked if you want to speak in private with a member of the custody staff about any personal needs relating to your health, hygiene and welfare that might affect or concern you while you are detained.

The police will arrange to provide the products considered necessary to meet your needs. If you wish, the person you speak to may be the same sex as you. If applicable, you must be asked if you require or are likely to require any menstrual products while you are detained and must be told that:

• products will be provided free of charge,
• replacement products are available; and
• products may be supplied by your family or friends at their expense if the custody officer agrees.

If you are a girl under 18, the custody officer will ensure that a woman at the police station is available to look after you and to ask you about your personal needs and menstrual products.

If your own clothes are taken from you, then the police must provide you with an alternative form of clothing. You must be offered 3 meals a day with drinks. You can also have drinks between meals. If possible, you should be allowed outside each day for fresh air.

Tell the police if you need anything to assist you to practise your religion whilst at the station. They can provide religious books and other items, as necessary.

When the police question you

The room should be clean, warm and lit. You should not have to stand up. The Police Officers should tell you their name and their rank. You should have a break at normal mealtimes and a break for a drink after about two hours. You should be allowed at least 8 hours rest in any 24 hours you are in custody.

Times when the normal rules are different.

The police sometimes need to speak to you urgently and this might have to happen before a call or meeting with your lawyer can be organised. The Codes of Practice (6.6 of Code C) govern the circumstances in which this can happen.

There is one special scenario in which the police will not let you speak to the lawyer that you have chosen. If this happens, you must be allowed to choose another lawyer. The details are in Annex B of Code C of the Codes of Practice.

The police can sometimes withhold your right to have someone informed of your presence at the police station. This is also explained in Annex B of Code C.

If you are under arrest because of a drink drive offence or for a drug drive offence, you have the right to speak to a lawyer. However, it does not mean you can refuse to give the police samples of breath, blood or urine until you have spoken to a lawyer.

Detention under the Mental Health Act 1983

In relevant circumstances, the police can detain you at a police station for assessment under the Mental Health Act if:

• you are aged 18 or over and
• because there is a risk that your behaviour is going to cause serious injury or death to you or to others and
• you cannot be reasonably expected to be detained anywhere else. 

If you have been detained under the Mental Health Act, it does not necessarily mean that you have been arrested for an offence.

The police must arrange for you to be seen by a doctor and an Approved Mental Health Professional to carry out the assessment. You must be assessed within 24 hours of your arrival, or of being detained at the police station, but the police should try to arrange this as soon as possible within the 24 hours.

The 24-hour detention period for assessment may be extended by a further 12 hours if a doctor considers it is necessary and a very senior police officer approves it. During this time the police may transfer you to a more suitable location to enable the assessment to take place.

While you are waiting to be assessed, the police may arrange for you to be seen by an Approved Healthcare Practitioner. They cannot make the assessment, but they will help you with any other health concerns you may have and help explain what the assessment means.

Independent Custody Visitors

Independent custody visitors work on a voluntary basis to make sure that detained people are being treated properly and have access to rights. They can arrive at a police station unannounced. You do not have a right to see an independent custody visitor or to ask them to visit you, but a visitor may ask to see you. They act independently of the police to check that your welfare and rights have been protected. However, you do not have to speak to them if you do not wish to.

How to make a complaint

If you want to complain about the way you have been treated, ask to speak to a police officer who is an inspector or higher rank. After being released, you can also make a complaint at any police station, to the Independent Office for Police Conduct (IOPC) or through a solicitor or your MP on your behalf.