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Your rights at the police station after arrest
Everyone detained at a police station has the right to free and independent legal advice, to have someone told where they are, and to read the PACE Codes of Practice. Legal advice at the police station is free whatever the person's income, though for some minor matters it is given by telephone only.
Core rights
On arrival, the custody officer must tell a detained person of these continuing rights and give them the written Notice of Rights and Entitlements (PACE Code C paras 3.1 to 3.2):
- Free legal advice (Police and Criminal Evidence Act 1984 s.58). A detained person may consult a solicitor privately at any time, in person or by phone. The advice is free whatever the person's income. They may ask for a named firm or for the duty solicitor. For some less serious matters, such as non-imprisonable offences, free advice is limited to telephone advice from Criminal Defence Direct unless an exception applies, for example if the person is to be interviewed. Once a solicitor has been requested, the police should generally not interview until that advice has been received.
- Someone informed (s.56): to have a friend, relative or other person told of the arrest and where they are held.
- The Codes of Practice: to read PACE Code C, which governs detention, treatment and questioning.
- Information: to be told the offence suspected and why they were arrested and are being detained.
- An interpreter if needed, including for deaf or speech-impaired people.
- An appropriate adult for anyone under 18 or who may be vulnerable.
- Medical help if unwell or injured, and contact with their embassy or consulate if not British.
- A copy of the custody record, on request, for up to 12 months after release (Code C para 2.4A).
Delay
The rights to have someone informed and to legal advice may be delayed only for an indictable offence, on reasonable grounds such as a risk of interference with evidence, alerting other suspects or hindering recovery of property. An inspector or above can authorise delay in telling someone (s.56); delaying legal advice needs a superintendent or above (s.58). Neither can be delayed beyond 36 hours. Delay is exceptional.
Voluntary interviews
A person interviewed under caution without being arrested is also entitled to free legal advice and may leave at any time unless arrested (Code C para 3.21).
Legal aid or private
Police-station advice under legal aid is free to everyone. Some people instruct a solicitor privately instead, usually for a fixed fee agreed in advance, so that a solicitor of their choice prepares and attends (see the legal aid or private guide).
In practice
Asking for a solicitor costs nothing and is not evidence of guilt. Interviews are recorded and can be used in court, so taking legal advice before answering questions is important (see the no-comment interview guide).
Authorities: Police and Criminal Evidence Act 1984 ss.56, 58; PACE Code C (2023) paras 2.4A, 3.1 to 3.2, 3.21, 6 and Annex B; Home Office Notice of Rights and Entitlements (2019)