Rights on Arrest in the United Kingdom
Reviewed by the Commoner Law Editorial Team. Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
An arrest under PACE has two halves — the suspicion and the necessity. Both have to be there. Reasonable grounds alone are not enough; the officer also has to be able to point to a reason the arrest itself is necessary. That's been the law since the necessity test in PACE s.24 was tightened in 2005, and Code G spells out the only acceptable reasons (preventing harm, protecting a child, allowing prompt investigation, name and address not given, and a handful of others).
If they arrest you, they must tell you three things:
- 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."
If they don't tell you the reason at the moment of arrest, they have to do so as soon as practicable. Skip that step entirely and the arrest itself is unlawful — a foundation for later civil action and for getting evidence excluded under PACE s.78.
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 to Do If You Are Arrested by Police in the UK
The first ten minutes after an arrest set the tone for everything that follows. Quiet, polite, and clear is the move.
- Stay calm and don't resist — even if the arrest is unlawful. The challenge happens in court, not on the pavement.
- Listen carefully to the caution. If the wording was wrong or you didn't understand it, say so — your solicitor will want to know.
- Ask for a solicitor. Free, 24/7, through the duty scheme. This is the single most important right you have, and using it does not make you look guilty.
- Ask the custody officer to notify someone — a relative, partner, or friend.
- Note the arresting officer's shoulder number and any vehicle markings if you can. You'll want them if you complain later.
What should you NOT do?
- Don't resist or run. Both turn a single offence into two — obstructing a constable or assault on a constable can stick even when the original arrest doesn't.
- Don't answer questions without a solicitor. One sentence is enough: "I want to speak to a solicitor before answering any questions."
- Don't assume you'll be out in an hour. The clock starts at 24 hours, can be extended to 36 by a superintendent, and to 96 by a magistrate. Plan accordingly.
Common Questions
When does rights on arrest 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 I do if I am arrested by the police in the UK?
The first ten minutes after an arrest set the tone for everything that follows. Quiet, polite, and clear is the move.Stay calm and don't resist — even if the arrest is unlawful. The challenge happens in court, not on the pavement.Listen carefully to the caution. If the wording was wrong or you didn't understand it, say so — your solicitor will want to know.Ask for a solicitor. Free, 24/7, through the duty scheme. This is the single most important right you have, and using it does not make you look guilty.Ask the custody officer to notify someone — a relative, partner, or friend.Note the arrest...
What mistakes should I avoid with rights on arrest?
Don't resist or run. Both turn a single offence into two — obstructing a constable or assault on a constable can stick even when the original arrest doesn't.Don't answer questions without a solicitor. One sentence is enough: "I want to speak to a solicitor before answering any questions."Don't assume you'll be out in an hour. The clock starts at 24 hours, can be extended to 36 by a superintendent, and to 96 by a magistrate. Plan accordingly.