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Criminal Defence | England & Wales

Your rights after arrest at the police station

What you are entitled to from the moment you arrive in custody, when the police can delay those rights, and what to say and not say when you are booked in.

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

KEY ANSWER

The position in brief

After arrest you have three core rights at the police station: to have someone told where you are, to speak to a solicitor privately and free of charge, and to read the Codes of Practice that govern how the police must treat you. You must be told why you were arrested and given a written notice of your rights and entitlements. Ask for a solicitor as soon as you arrive. Asking cannot be held against you.

Legal issues

The core rights

  • Someone told where you are (PACE section 56): a friend, relative or other person likely to take an interest in you.
  • Free and independent legal advice (PACE section 58), in private, at any time, in person or by phone.
  • The Codes of Practice: you can ask to read PACE Code C.

Other entitlements

The written notice also covers being told about the offence, medical help, an interpreter if needed, food, drink, rest and breaks, and access to the custody record. Foreign nationals can ask for their embassy or consulate to be told.

When rights can be delayed

Only for an indictable offence, and only on specific grounds, such as a real risk that evidence will be interfered with or other suspects alerted. Delaying the right to have someone told needs an inspector; delaying access to a solicitor needs a superintendent. Neither can be delayed for more than 36 hours. Delay is rare and must be recorded with reasons.

Evidence that matters

Everything is recorded

The custody officer records your rights, your answers at booking-in, reviews and decisions in the custody record. Your solicitor can inspect it, and you can ask for a copy afterwards. See obtaining and checking your custody record.

Reasonable lines of enquiry

What to tell the custody officer

  • Any medical condition, injury or medication you need.
  • If you are under 18, or have difficulty reading, understanding or communicating.
  • If you need an interpreter.

You do not need to discuss the allegation when you are booked in. Anything you say can be noted.

What happens next

After booking-in

Your detention is reviewed at set intervals. Your solicitor will usually get disclosure from the officer, advise you in private and attend the interview. The investigation then ends in a charge, a caution, release on bail or under investigation, or no further action. See what happens after a police interview.

Immediate steps

  • Ask for a solicitor at booking-in, by name if you have one.
  • Give your name, address and date of birth; say nothing about the allegation.
  • Do not discuss the case in the cell, with other detainees or on the phone. Calls other than to a solicitor may be listened to.

What should you send us?

Nothing is needed. If you are calling for someone else, tell us their full name, date of birth and the police station.

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 speak to you by phone straight away, attend the station, obtain disclosure and advise you before and during interview. See police station representation.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can the police refuse to let me see a solicitor?

Only in limited cases involving indictable offences, with a superintendent's authority, and for no more than 36 hours. Otherwise the right applies at any time.

Is the duty solicitor free?

Yes. Police station advice is free under Legal Aid whatever your income. You can also ask for a named firm; if it holds a Legal Aid contract, that is free too. You can choose to pay privately instead.

Do I have to answer questions?

You do not have to say anything, but a court may draw inferences if you later rely on something you did not mention. Take advice first. See no comment interviews and prepared statements.

NEXT STEP

Speak to a solicitor now

If you or someone close to you is at the police station now, call 0843 636 7687. You can also email [email protected].

Speak to a solicitor now