An arrest is the point at which you are no longer free to leave. Here is what should happen, step by step, in England and Wales.
At the moment of arrest
The officer must tell you that you are under arrest, what offence they suspect you of, and why arresting you is necessary (for example to establish your name, to allow a prompt investigation, or to prevent harm). They must also caution you:
"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."
Under section 24 of PACE an officer needs two things: reasonable grounds to suspect you have committed, are committing or are about to commit an offence, and a reason why arrest is necessary. Being arrested is not the same as being charged, and most arrests do not end in a charge.
You may be searched at the scene for anything that could help you escape, that could be evidence, or that could cause injury. Handcuffs should only be used where the officer judges them necessary and proportionate.
Getting to the station
You must be taken to a police station as soon as practicable, unless your presence is needed elsewhere first (for example to search an address under section 18 or 32 of PACE). Officers can use reasonable force if you resist.
Booking in
At the station a custody officer, independent of the investigation, decides whether there are grounds to detain you. You will be told your rights and given a written notice of them, including:
- The right to free, independent legal advice at any time, in private.
- The right to have someone told where you are.
- The right to consult the PACE Codes of Practice.
- The right to an interpreter, and to medical help if you need it.
Your belongings are recorded and kept. You may be searched, photographed, and have fingerprints and a DNA sample taken; for recordable offences this can be done without your consent. If you are under 18 or vulnerable, an appropriate adult must be called.
How long you can be held
Normally up to 24 hours before you must be charged or released, extendable to 36 hours by a superintendent for indictable offences and up to 96 hours by a magistrates' court. See our guide on detention time limits.
How it ends
After interview you will be either:
- Released with no further action (NFA).
- Released under investigation (RUI), with the inquiry continuing but no conditions.
- Released on pre-charge bail, with or without conditions.
- Dealt with out of court, for example by a caution or community resolution, which requires your agreement.
- Charged, and then either bailed to court or kept in custody for the next court sitting.
What to do
Ask for a solicitor as soon as you are offered one; it is free, it does not make you look guilty, and the duty solicitor is independent of the police. Do not discuss the allegation until you have spoken to them. After release you can ask for a copy of your custody record, which you are entitled to for 12 months.
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.