Rights in Police Custody

A person held in police custody retains important legal rights, even though they are deprived of their liberty. These rights are set out in PACE 1984 and Code C of the Codes of Practice, and they exist to ensure that detention is humane, that the investigation is fair, and that any subsequent prosecution is not tainted by procedural unfairness. Understanding these rights is important for anyone who may be detained, or who advises or supports someone who has been.

The most important right is the right to free and independent legal advice. A detained person may consult a solicitor at any time before or during interview, in private. The solicitor may be present throughout the interview. Where a person indicates they want a solicitor, questioning must not begin until the solicitor arrives, except in limited circumstances defined by Annex B to Code C (such as where delay would lead to serious risk of harm to another person or to the destruction of evidence). The duty solicitor scheme provides access to a solicitor even if the detained person does not have one of their own.

Detained persons also have the right to have someone informed of their arrest. They may nominate a friend, relative, or other person, who must be contacted as soon as practicable. This right may be delayed in the same limited circumstances as the right to legal advice. Juveniles and vulnerable adults are additionally entitled to an appropriate adult, who must be present during interview and who has the right to speak to the detainee in private. A person who does not understand English is entitled to an interpreter throughout their detention and during interview.

Welfare rights include: adequate meals at recognised mealtimes; at least eight continuous hours of rest in any 24-hour period; adequate clothing if the person's own clothing has been taken; access to toilet facilities; and access to a healthcare professional if the detainee is injured, ill, or in need of treatment. A detained person may also write a letter or make a phone call (subject to conditions). Cells must be heated and lit to an adequate standard. Any complaint about treatment in custody should be raised with the custody officer and, if unresolved, with the Independent Office for Police Conduct.