Being arrested can be a stressful and confusing experience. The event itself, along with the potential consequences, can be quite distressing, and many people find themselves unsure about what to expect next.
Following an arrest and a possible interview, there are several potential outcomes, which vary depending on the circumstances but add to the complexity. To help you navigate this serious situation, we have provided some essential information about the arrest process, your rights, and what to expect when taken into police custody.
What to expect when being arrested
It’s important to be aware that an arrest doesn’t always lead to an immediate trip to the police station. In some instances, officers may opt to issue a caution or an on-the-spot fine. Alternatively, they might release you with instructions to attend the station at a later date.
During an arrest, they may not always put you in handcuffs. However, police are allowed to use ‘reasonable force’ if the situation is deemed necessary.
After this, officers are then required to follow these steps:
- Reveal their identity, particularly if they’re not in uniform
- Inform you that you’re under arrest
- Caution you
- Specify the alleged crime
- Provide a reason for the arrest
- Make it clear that you’re no longer free to leave
You’ll also hear the following statement, referred to as the police caution: “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.”
This statement will be repeated by the custody sergeant and any officers who interview you subsequently.
It’s also worth noting that under Sections 135 and 136 of the Mental Health Act, if officers believe you’re experiencing a mental health crisis, they have the option to take you to a place of safety, such as a hospital, instead of a police station.
Remember, these procedures are in place to ensure your rights are protected throughout the process. Stay calm and know that support is available to guide you through this challenging situation.
Who will be present during your arrest?
During your arrest, you can expect at least one or more police officers to be there. These officers are responsible for carrying out the arrest and making sure you and others are safe in the vicinity.
In some cases, particularly for more serious offences or high-risk situations, specialised units such as armed response teams or dog handlers may be present.
If you’re under 18 or considered vulnerable, the police should try to make sure that an appropriate adult is present during the arrest. This could be a parent, guardian, social worker, or another responsible adult. Additionally, if you require medical attention or have specific needs, paramedics or other healthcare professionals may be called to the scene.
What rights do you have when you get arrested?
When you are arrested, you actually have more rights than you think. First and foremost, you have the right to be informed of the reason for your arrest and the offence you’re suspected of committing. This information should be provided to you as soon as practically possible after your arrest.
You also have the right to remain silent, as outlined in the police caution. This means you don’t have to answer any questions, although in some circumstances, failing to mention something during questioning that you later rely on in court could potentially harm your defence. This approach should only be taken upon the advice of a solicitor.
As well as this, you have the right to free and independent legal advice. You can request to speak to a solicitor at any time during your detention, and the police must allow you to do so as soon as possible. If you don’t have a solicitor, you can speak to the duty solicitor at the police station free of charge.
Finally, you have the right to have someone informed of your arrest. This could be a family member, friend or employer. And, if you’re under 18 or considered vulnerable, an appropriate adult must be contacted and present during your questioning. There are exceptions to this in certain circumstances.
What happens when you arrive at the police station?
When you arrive at the police station, you’ll be booked in by the custody sergeant, who is responsible for your welfare while in custody. They’ll ask for your personal details and explain your rights, including your right to free legal advice and to have someone informed of your arrest.
The custody sergeant will then conduct a risk assessment. This may include questions about your physical and mental health, any medications you’re taking, and whether you have any dependents who need to be cared for.
Next, you’ll be searched more thoroughly than during the initial arrest. This is to ensure you don’t have any items that could be used to harm yourself or others or to damage property. Your possessions will be recorded and stored safely away.
The police may take samples from you, such as fingerprints, photographs, and DNA swabs. They have the right to take these without your consent for most offences. However, more intimate samples, such as blood or urine, generally require your consent unless authorised by a senior officer.
Following these procedures, you may be placed in a cell until you are questioned by the police under caution. You have the right to consult with a solicitor before and during this interview. You have the right to remain silent, but it may be in your best interest to provide an account of events with legal advice.
What are the possible outcomes after being arrested?
The most daunting aspect of getting arrested is the number of possible outcomes that may follow. These could include:
No further action
One potential outcome is that the police may decide to take no further action (NFA). This happens when they determine there isn’t enough evidence to proceed. While this can be a relief, it’s important to understand that the case could potentially be reopened if new evidence emerges. It also does not mean that you’ve been found guilty of anything.
You’ll receive written confirmation of the NFA decision, which you should keep. You should then consider seeking legal advice about your arrest record, especially if you have concerns about any future implications.
Released under investigation
Being released under investigation (RUI) means the police need more time to gather evidence. You’ll be free to leave without bail conditions, which can feel less restrictive. However, the case remains open, so it’s crucial to keep the police updated with any changes to your contact details.
While the uncertainty can be challenging, you can have support available throughout this period. In fact, a solicitor can help you navigate this process and liaise with the police on your behalf.
Released on bail without charge
If you’re released on bail without charge it means that the police aren’t ready to make a charging decision, but that the investigation remains active, and that you are still a suspect. Sometimes referred to as pre-charge bail, this could occur for a variety of reasons. It could be that there is not enough evidence to charge you, or that the police no longer need to detain you whilst they gather evidence. Depending on the nature of the case, it could also be that the police need to refer to the Crown Prosecution Service (CPS) to make a charging decision.
The period for which you can be released on bail without charge is up to three months, but the police do have the right to extend pre-charge bail to nine months in total (in three month increments). In order to extend your bail time to the maximum 12 months, police will have to get special permission from the Magistrates Court. Your solicitor can guide you through this period of uncertainty, keeping you up to date on changes to your bail conditions and any potential charges.
Charged and bailed
If charged and bailed, you’ll be given a court date and potentially some conditions to follow. This allows you to return home while your case progresses, which can be less disruptive to your life. You must attend your court date and adhere to any bail conditions, as it is illegal to not do so. At this stage, having legal representation is highly advisable. Solicitors, like us at Lawtons, can guide you through the process, help prepare your defence, and explain your options clearly. It’s important to note that being charged with an offence doesn’t mean you’ve been found guilty – you still have the right to a fair trial.
Charged and held in custody
While being held in custody is the most feared outcome, it’s important to remember that this decision is based on specific legal criteria, not a judgement of guilt. If you find yourself in this situation, you’ll be brought before a court promptly, usually within 24 hours. Throughout this process, you retain the right to legal representation, which you must exercise. Your solicitor can then advocate for your release on bail and start preparing your case. Even if remanded, you’re presumed innocent until proven guilty, and support services are available to help you through this challenging time.
If you’ve been arrested and find yourself in any of the situations discussed above, don’t navigate them alone. Lawtons are here to support you every step of the way. Our experienced team can provide expert guidance, protect your rights, and work towards the best possible outcome for your case. Contact us today for a confidential consultation, and let us help you through this challenging time.