This guide walks through the standard sequence of a police encounter in England and Wales, from being spoken to in the street to being released from custody, and what the rules say should happen at each stage. Each stage has a more detailed guide elsewhere in the Knowledge Base.

Stop and account

An officer can ask you who you are, what you are doing and where you are going. You do not have to stop or answer, and refusal is not grounds for a search. You can ask for the officer's name and station. The exceptions are specific powers such as section 50 of the Police Reform Act (anti-social behaviour) and road traffic law.

Stop and search

Requires reasonable grounds to suspect you are carrying drugs, weapons, stolen goods or items for use in crime, unless a section 60 authorisation is in force. Before searching, the officer must tell you their name and station, what they are looking for, the grounds, the legal power, and that you are entitled to a record. In public you can only be asked to remove outer clothing. You can ask for the search record or a copy within three months.

Arrest

The officer must tell you that you are under arrest, the offence, and why arrest is necessary, and must caution you. They may search you and use reasonable force. You must be taken to a police station as soon as practicable.

Booking in at custody

The custody officer decides whether to authorise detention and must tell you your rights: free legal advice, having someone informed, consulting the Codes, an interpreter, and medical help. Your property is recorded. You may be searched, photographed and have fingerprints and DNA taken. If you are under 18 or vulnerable, an appropriate adult is called.

Interview

Must be under caution and audio recorded. You can have your solicitor present and consult them in private. You can answer, say "no comment", or hand in a prepared statement. Breaks are required at meal times and roughly every two hours, and you must have eight hours' rest in 24.

Identification procedures

If identification is in dispute you may be asked to take part in a video identification (the usual method), an identification parade, a group identification or, rarely, a confrontation. You are entitled to legal advice beforehand and your solicitor can attend. Refusing is possible, but the police may then use covert methods and the court may be told of the refusal.

Use of force

Officers may use force that is reasonable in the circumstances to make an arrest, prevent crime or protect themselves or others. Force must be necessary and proportionate, and every use must be justified and recorded. Excessive force is unlawful and can be the subject of a complaint and a civil claim.

Detention reviews and time limits

An inspector must review your detention at six hours and then every nine. The standard limit is 24 hours, extendable to 36 by a superintendent (indictable offences) and to 96 by magistrates. Terrorism Act detention can last 14 days.

Release

You will leave custody in one of these ways:

  • No further action.
  • Released under investigation, with no conditions and no date.
  • Pre-charge bail, with or without conditions, for up to three months initially.
  • An out-of-court disposal such as a community resolution or caution, which requires your agreement and may show on a record.
  • Charged and bailed to court.
  • Charged and kept in custody for the next court sitting.

You are entitled to a copy of your custody record for 12 months.

Throughout

You have the right to be treated with dignity and respect, to an interpreter, to an appropriate adult if under 18 or vulnerable, and to complain at any time. Officers must comply with PACE and its Codes; failures can lead to evidence being excluded, to complaints being upheld, and to claims for damages.

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.