Rights on Arrest
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
UK National Law
What is this right?
If the police arrest you, they must tell you:
- That you are under arrest
- The reason for the arrest
- The caution: "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."
An arrest is only lawful if the officer has reasonable grounds to suspect you have committed, are committing, or are about to commit an offence, and the arrest is necessary (e.g., to prevent harm, to protect a child, to allow investigation, or because you won't give your name and address).
When does it apply?
- Police can arrest without a warrant for any offence if they have reasonable suspicion and the arrest is necessary (PACE s.24).
- A citizen's arrest is possible under s.24A but only for indictable offences and only when a police officer is not available — this is risky and rarely advisable.
- You must be taken to a police station as soon as practicable after arrest.
- If the reason for arrest is not given at the time, it must be given as soon as practicable — failure to do so makes the arrest unlawful.
What should you do?
- Stay calm — do not resist arrest, even if you believe it's unjust.
- Listen to the caution and make sure you understand it.
- Ask for a solicitor — this is your most important right. It's free, available 24 hours, and the police must arrange it.
- You have the right to tell someone where you are — ask the custody officer to notify a family member or friend.
- Note the arresting officer's shoulder number if you can — you'll need this if you want to complain later.
What should you NOT do?
- Don't resist or run — this can result in additional charges (obstructing a constable or assault on a constable).
- Don't answer questions without a solicitor — politely say: "I want to speak to a solicitor before answering any questions."
- Don't assume you must be released quickly — the police can hold you for up to 24 hours (longer for serious offences) before charging or releasing you.
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