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When you’re arrested

If they suspect you’ve been involved in a crime, the police have a right to arrest you wherever you are when they find you. It doesn’t matter whether you’re on the street, in your home or at work.

What the police must do

If police intend to arrest you, they must:

• identify themselves as police
• tell you that you are being arrested
• tell you the suspected offence
• tell you why it is necessary to arrest you
• explain that you are not free to leave

Police can use reasonable force to arrest you if you resist or try to escape.

You will probably be handcuffed and taken to a custody office in a police station.

At the police station

Once you arrive at the police station, the custody officer must decide whether there are any legal reasons to keep you in custody. They have to release you if there aren’t any.

If you are kept in jail

If you are kept in custody, the custody officer will tell you why and tell you about the  rights which you have while you’re held by police.

The custody officer must also ensure that the rules in the Police and Criminal Evidence Act (PACE) codes of practice (which set out how you must treated while you are held) are not broken. 

These include the right to:

• speak to a solicitor
• have someone told that you are in custody and where you are
• see the police codes of practice
• have regular breaks for food
• use the toilet

If you are under 17

If you are under 17, the police must find a guardian or parent to come to the station to help you. 

That person will be present if police interview you

• PACE codes on the Home Office Police website Opens new window

• Young people and custody

How long can you be held?

You cannot normally be held for more than 24 hours without being charged with a crime. However, for more serious offences, a police superintendent can extend that period to 36 hours. A court can extend it to 96 hours. 

Once police have completed their investigation and decided not make any more enquiries, they will decide whether they have enough evidence to charge you with a crime. 

If they do not have enough evidence, you will be released.

If police decide they do have enough evidence, though, they must charge you with a crime.

If you’re charged

If you’re charged with a crime, it means police are formally and legally accusing you of an offence. You will be given a charge sheet with the details of the crime.

Once you’ve been charged, you must have a hearing in Magistrates' Court. 

The police will decide, based on the charges against you and what they know about you, whether to release you on bail until that hearing or keep you in custody.

You will be released on bail unless the custody officer believes, for example that you:

• have given a false name and address
• won’t come to your court hearing
• will commit crimes while on bail
• should be held for your own protection

You are unlikely to be released on bail if you are charged with a serious offence such as murder, or if you have previous convictions for serious crimes.