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Your rights at the police station after arrest

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

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):

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).

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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)

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