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Criminal Defence | England & Wales

A family member has been arrested: what you can do

How to find out where they are, how to get a solicitor to them, the choice between Legal Aid and paying privately, and what not to do.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

You can instruct a solicitor to contact or attend the police station for them. When a solicitor arrives to see them, the police must tell them and ask whether they want to see that solicitor. Advice at the police station is free under Legal Aid whatever their income, or the family can choose to pay privately. The police will usually confirm where someone is held if the person agrees, but will not discuss the allegation with you. Do not discuss the case with them on the phone, and do not contact anyone involved.

Legal issues

Finding out where they are

The person in custody has the right to have someone told of their arrest. If you ask, the police may tell you where they are held, if the person agrees, unless that right has been lawfully delayed for a serious offence.

Getting them a solicitor

You can contact a firm directly. The firm will call the station. The person decides whether to accept that solicitor; they can also ask for the duty solicitor.

Legal Aid or private

Police station advice is free under Legal Aid for everyone. Some families prefer to pay privately for a solicitor of their choice and continuity into any court case. See Legal Aid or a private solicitor.

Evidence that matters

Anything you say to the person on a police phone, or to officers, may be noted. Phone calls from custody, other than to a solicitor, may be listened to.

Reasonable lines of enquiry

Useful things you can do

  • Preserve, without altering, anything that may help, such as messages, receipts or CCTV that may be overwritten.
  • Write down names of potential witnesses, but do not contact them about the case.
  • Gather proof of address and work in case bail is considered.

What happens next

Most people are released within 24 hours: charged, bailed, released under investigation or released with no further action. See how long the police can keep you in custody and what happens after a police interview.

Immediate steps

  • Call a solicitor with their full name, date of birth and the police station.
  • Tell the police about any medication or vulnerability.
  • If they are under 18, be ready to act as appropriate adult.
  • Do not post about the arrest on social media.

What should you send us?

Their full name, date of birth, the police station, roughly when they were arrested, and any medical or communication needs.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can contact the station straight away, attend, keep the family informed as far as the person allows, and represent them at any court hearing. See police station representation.

Primary legal sources

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can I visit them at the police station?

Visits are at the custody officer's discretion and are uncommon during an investigation.

Will the solicitor tell me what happened?

Only what the person agrees we can share. Their instructions are confidential.

Can I pay for their solicitor?

Yes. A family member can fund private representation, with the fee agreed in writing. The client is still the person in custody.

NEXT STEP

Get a solicitor to them now

Call 0843 636 7687 with their name, date of birth and police station. You can also email [email protected].

Get a solicitor to them now