This guide pulls together the key rights you have when dealing with the police and the criminal courts in England and Wales. Most come from the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice, the Human Rights Act 1998, and the Equality Act 2010. Follow the links in each section for the detailed guides.

The right to silence

You do not have to answer police questions, in the street or in interview. There are limits:

  • Under some powers you must give your name and address (anti-social behaviour under section 50, driving offences).
  • If you stay silent in interview and later rely in court on something you could have mentioned, the court may draw an "adverse inference" from your silence (Criminal Justice and Public Order Act 1994).
  • Silence alone can never prove guilt.

Always take legal advice before deciding how to approach an interview.

The right to free legal advice

Anyone arrested or interviewed under caution, including at a voluntary interview, can have free independent legal advice from a solicitor of their choice or the duty solicitor, 24 hours a day, in private, before and during interview. This can only be delayed in very limited and serious circumstances, and never refused. Use it.

The right to have someone informed

When you are detained you can have one person told where you are, and you can usually make a phone call. The police can delay this (for up to 36 hours) only for indictable offences and only where a superintendent believes it would interfere with evidence or alert others.

The right to see the Codes of Practice

You can ask to read the PACE Codes at any time in custody. They cover:

  • Code A: stop and search.
  • Code B: searching premises and seizing property.
  • Code C: detention, treatment and questioning.
  • Code D: identification procedures.
  • Code E and F: audio and visual recording of interviews.
  • Code G: arrest.
  • Code H: detention under the Terrorism Act.

Rights in custody

  • Adequate food and drink, toilet and washing facilities, and a clean cell.
  • At least eight hours' rest in any 24.
  • Medical attention from a healthcare professional whenever needed.
  • Brief outdoor exercise daily where practicable.
  • Replacement clothing if yours is taken.
  • An interpreter if you need one.
  • An appropriate adult if you are under 18 or vulnerable.
  • A copy of your custody record on request, for 12 months after release.

Time limits on detention

24 hours as standard, 36 hours with a superintendent's authority for indictable offences, up to 96 hours only with a magistrates' warrant, and 14 days under the Terrorism Act. Detention must be reviewed by an inspector at six hours and then every nine.

Rights if you are charged

  • A written charge sheet setting out the offence.
  • A decision on bail, with reasons for any conditions or refusal.
  • Appearance before magistrates at the next sitting if you are kept in custody.
  • Disclosure of the prosecution evidence before trial.

Rights in court

  • A fair and public hearing before an independent court, within a reasonable time.
  • The presumption of innocence: the prosecution must prove its case beyond reasonable doubt.
  • Legal representation, with legal aid if you qualify, and a duty solicitor at the magistrates' court on your first appearance.
  • To know the evidence against you and to challenge it, including by questioning witnesses.
  • An interpreter if you need one, free of charge.
  • To appeal against conviction or sentence.

Protection from discrimination

The police and courts must not treat you less favourably because of race, religion or belief, sex, sexual orientation, gender reassignment, disability, age, pregnancy or marital status, and must make reasonable adjustments for disability. Discrimination can be the basis of a complaint, a claim under the Equality Act, or both.

Rights when your home is searched

Officers generally need a warrant or a specific power of entry. You can ask to see the warrant and keep a copy, must be given a Notice of Powers and Rights, can have a witness present, and are entitled to a record of anything seized and to its return when no longer needed.

Rights over your data

  • You can make a subject access request for information the police hold on you.
  • Fingerprints, DNA and photographs taken on arrest have retention rules; if you were not convicted you can often request deletion.
  • You can ask for inaccurate records to be corrected, and apply to the Police National Computer "record deletion process" to remove certain records.

Children and vulnerable adults

Anyone under 18 must have an appropriate adult for interview, strip search and when told their rights; their parent or carer must be informed; and if charged and kept in custody they should be transferred to local authority accommodation rather than kept in a cell. Adults who are vulnerable because of a mental health condition, learning disability, autism or similar have the same right to an appropriate adult and to adjustments.

This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.