One minute, life is normal. The next, you’re being questioned by the police, maybe even arrested — and everything changes. In this guide, we’ll break down what actually happens when you’re arrested in the UK — and how experienced criminal defence solicitors can help you protect your rights, understand your options, and start to rebuild.
If you’ve never been through it before, the experience can feel confusing, frightening, and deeply disorienting. Knowing what to expect (and who to call) can make all the difference.
Arrest: What It Really Means
You can be arrested if the police have reasonable grounds to suspect you’ve committed a crime. That doesn’t mean you’re guilty. It means they want to investigate further, and they believe arrest is necessary.
When arrested, the police must:
- Tell you that you’re under arrest
- Say what crime you’re suspected of
- Caution you: “You do not have to say anything…”
This caution is more than a formality. It protects you from self-incrimination. If you’re not sure what to say, it’s better to stay silent until you’ve spoken to a solicitor.
Being Taken to the Police Station
After arrest, you’ll usually be taken to a police station for questioning. You’ll be “booked in” — name, address, fingerprints, and sometimes a DNA swab.
You’re entitled to:
- Know why you’re being held
- See a solicitor (free of charge)
- Tell someone where you are
- Medical help if needed
Don’t be afraid to ask. The GOV.UK page on your rights in custody lays out exactly what you’re entitled to.
What a Criminal Defence Solicitor Does at This Stage
You can request a solicitor immediately — and you should. Legal advice is free at the police station, no matter your income.
Your solicitor can:
- Advise you before and during the interview
- Access the “disclosure” (what the police know so far)
- Help you decide whether to answer questions, remain silent, or provide a statement
- Prevent unlawful treatment or intimidation
Solicitors from reputable firms often have years of experience in exactly this scenario. They know the system — and they’re on your side.
Interview Under Caution
This is where the police ask you questions about the suspected offence. The interview is recorded and can be used as evidence in court.
You’re allowed to:
- Have your solicitor present
- Take breaks if needed
- Ask to clarify anything you don’t understand
You don’t have to answer every question. In some cases, remaining silent or submitting a prepared statement may be the best option. Your solicitor will guide you.
What Happens Next?
After the interview, one of several things can happen:
- No further action: You’re released without charge
- Released under investigation: Free to go, but police are still gathering evidence
- Bail: You’re released but must return to the station later
- Charged: You’re formally accused and will need to attend court
Whatever happens, having legal representation ensures you’re treated fairly — and that you’re ready for the next step.
Going to Court: What You Need to Know
If you’re charged, your solicitor will:
- Explain the charges clearly
- Help you decide whether to plead guilty or not guilty
- Represent you in court (or refer you to a barrister if needed)
Magistrates’ Court handles less serious offences. Crown Court deals with more complex or serious crimes. Your solicitor will help you prepare evidence, speak on your behalf, and ensure your side of the story is heard.
How Long Can You Be Held Without Charge?
- Up to 24 hours for most offences
- Up to 36 or 96 hours for serious offences (with police or court approval)
- Up to 14 days under terrorism laws
If you’re held for longer, you must be told why. You’re entitled to legal representation throughout.
What If You’re Innocent?
Many people feel they shouldn’t need a solicitor if they’ve done nothing wrong. But the truth is, the justice system isn’t always simple. Misunderstandings, mistaken identity, or incomplete evidence can lead to false accusations.
Having a solicitor protects you from making errors — and ensures that innocence isn’t assumed, but proven.
If You’re Vulnerable or Under 18
You’ll have an “appropriate adult” with you — usually a parent, carer or trained advocate. The rules around custody and questioning are stricter for young people or those with mental health needs.
Solicitors often work with these support professionals to make sure vulnerable individuals are treated with care.
Final Thoughts: You’re Not Alone
Being arrested doesn’t define you. It doesn’t make you guilty. But it does mean you need help — fast, and from someone who knows the system.
In moments of fear or confusion, knowledge is power. And with the right legal support, you can face what’s ahead with clarity and confidence.
Legal Disclaimer: This article is for general information only and does not constitute legal advice. If you’ve been arrested or are facing criminal charges, please speak to a qualified criminal defence solicitor immediately.
Originally published on UKNIP