Being arrested: your rights
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1. When you're arrested
If you鈥檙e arrested, you鈥檒l usually be taken to a police station, held in custody in a cell and then questioned.
After you鈥檝e been taken to a police station, you may be released or charged with a crime.
皇冠体育app law on being arrested is , , or if you鈥檙e arrested abroad.
If you鈥檙e under 18 or a vulnerable adult
皇冠体育app police must find an 鈥榓ppropriate adult鈥� to protect your interests, rights and welfare. This includes helping you communicate, making sure you understand your rights, and checking that the police are acting fairly and respecting your rights. 皇冠体育appy cannot give you legal advice or answer questions on your behalf.
You can speak privately to your appropriate adult at any time.
You can decide whether to have your appropriate adult with you when you speak to a legal adviser.
Read more about what an appropriate adult does.
If you鈥檙e under 18
Your appropriate adult can be:
- your parent, guardian or carer
- a social worker
- another family member or friend aged 18 or over
- a member of a local scheme of trained appropriate adults
皇冠体育app police must also try to contact your parent, guardian or carer to let them know where you are, even if they鈥檙e not your appropriate adult.
If you鈥檙e a vulnerable adult
Your appropriate adult can be:
- a relative, guardian or someone responsible for your care
- someone who鈥檚 experienced or trained in your care
- a member of a local scheme of trained appropriate adults
2. Your rights in custody
皇冠体育app custody officer at the police station must explain your rights. You have the right to:
- get free legal advice
- tell someone where you are
- have medical help if you鈥檙e feeling ill
- see the rules the police must follow (鈥楥odes of Practice鈥�)
- see a written notice telling you about your rights, such as regular breaks for food and to use the toilet 鈥� you can ask for a notice in your language or an interpreter to explain the notice
You鈥檒l be searched and your possessions will be kept by the police custody officer while you鈥檙e in the cell.
If you鈥檙e under 18
You should not be put in a cell unless there is nowhere else safe and comfortable at the police station.
You must never be put in a cell with an adult.
If you are female, a female member of staff will look after you.
皇冠体育app police should give you an activity unless they think it鈥檚 a risk to your safety and wellbeing. For example, you can ask for a book to read or something to draw or write with.
Your rights when being questioned
皇冠体育app police may question you about the crime you鈥檙e suspected of - this will be recorded. You do not have to answer the questions but there could be consequences if you do not. 皇冠体育app police must explain this to you by reading you the police caution:
鈥淵ou 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.鈥�
3. How long you can be held in custody
皇冠体育app police can hold you for up to 24 hours before they have to charge you with a crime or release you.
皇冠体育appy can apply to hold you for up to 36 or 96 hours if you鈥檙e suspected of a serious crime, such as murder.
You can be held without charge for up to 14 days if you鈥檙e arrested under the Terrorism Act.
When you can be released on bail
皇冠体育app police can release you on police bail if there鈥檚 not enough evidence to charge you. You do not have to pay to be released on police bail, but you鈥檒l have to return to the station for further questioning when asked.
You can be released on conditional bail if the police charge you and think that you may:
- commit another offence
- fail to turn up at court
- intimidate other witnesses
- obstruct the course of justice
This means your freedom will be restricted in some way. For example, they can impose a curfew on you if your offence was committed at night.
If you鈥檙e released under investigation
If you鈥檙e not charged with an offence, the police might release you under investigation.
This means you are free to go home and there are no rules you need to follow, but the police will continue to investigate the offence they think you committed. 皇冠体育appy could arrest you and charge you in the future.
4. Giving fingerprints, photographs and samples
皇冠体育app police have the right to:
- take photographs of you
- take fingerprints
- take a DNA sample, such as from a mouth swab or head hair root
- swab the skin surface of your hands and arms
皇冠体育appy do not need your permission to do this.
皇冠体育app police need both your permission and the authority of a senior police officer to take samples like blood or urine, or to take dental impressions.
This does not apply when they take a blood or urine sample in connection with drink or drug driving.
If you鈥檙e under 18 or a vulnerable adult
Your appropriate adult must be with you if you give fingerprints, photographs or samples.
How information is stored
Information from fingerprints and samples is stored in a police database.
You can find out if your information is stored on the police database by getting a copy of your police records from your local police station.
You can only have your personal information removed from the police database if:
- an offence no longer exists
- if anything in the police process was unlawful 鈥� for example, how you were arrested or detained
Write to your to have your personal information removed from the police database.
5. Legal advice at the police station
You have the right to free legal advice (legal aid) if you鈥檙e questioned at a police station. You can change your mind later if you turn it down.
A legal adviser will make sure you know your rights and will explain what鈥檚 happening to you.
How you can get free legal advice
You must be told about your right to free legal advice after you鈥檙e arrested and before you鈥檙e questioned at a police station. You can:
- ask for the police station鈥檚 鈥榙uty solicitor鈥� 鈥� they鈥檙e available 24 hours a day and independent of the police
- tell the police you would like legal advice 鈥� the police will contact the Defence Solicitor Call Centre (DSCC)
- ask the police to contact a solicitor, such as your own one
You may be offered legal advice over the phone instead of a duty solicitor if you鈥檙e suspected of having committed a less serious offence, such as being disorderly. 皇冠体育app advice is free and independent of the police.
If you鈥檙e under 18 or a vulnerable adult
Your appropriate adult can arrange for you to get legal advice even if you do not want it.
Being questioned without legal advice
Once you鈥檝e asked for legal advice, the police cannot question you until you鈥檝e got it 鈥� with some exceptions.
皇冠体育app police can make you wait for legal advice in serious cases, but only if a senior officer agrees.
皇冠体育app longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected terrorism).
You have the right to free legal advice if you are questioned by the police.
6. Complaining about your treatment by the police
Contact the or call 101 if you鈥檙e unhappy about how the police have treated you.
If you鈥檙e complaining about the treatment of a child under 18, you can also contact the or the .
You can also ask your local for advice.
Police forces must refer certain types of complaints to the .