What happens after you are arrested by the police in England and Wales?

Being arrested can be frightening, but the process follows a structured legal framework designed to protect your rights at every stage. Understanding what happens can help you respond calmly and appropriately.

The moment you are arrested, the officer must tell you that you are under arrest and give you the reason in ordinary language, even if it seems obvious. You must then be cautioned: "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. Anything you do say may be given in evidence." You should listen carefully to this caution because it is important.

You will then be taken to a designated police station, usually the nearest one with custody facilities. On arrival, a custody officer (who is independent of the investigation) will carry out a risk assessment, explain your rights, and open a custody record that documents everything that happens to you.

Your rights at the police station include: the right to have someone told of your arrest, the right to speak to a free and independent solicitor in private before interview, and the right to consult the PACE Codes of Practice. You should exercise your right to a solicitor. This is free and you do not have to speak to police before getting legal advice.

You will be searched and your property recorded. You may be photographed, fingerprinted, and have a DNA sample taken. After this, the investigation proceeds: officers may interview you under caution, and at the end of the detention period the custody officer must decide whether to charge you, release you on bail, or release you without charge.

If you are charged, you will be given a charge sheet and either released on bail pending a court appearance or kept in custody to appear before a magistrates court, usually the next working day.

Key Points

• You must be told the reason for your arrest and cautioned at the time of arrest
• You have the right to free legal advice before being questioned
• A custody officer opens a custody record and explains your rights on arrival at the station
• You will be searched, photographed, and may be fingerprinted and have DNA taken
• You do not have to answer questions in interview without first speaking to a solicitor
• You must be released, charged, or bailed within the permitted detention time limits
• You can ask to speak to a duty solicitor even if you do not have your own solicitor
• Keep calm and cooperate with the booking-in process: exercise your rights through legal channels