ARREST & POLICE POWERS
Your three immediate rights on arrest
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You have the right to free legal advice
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The right to have someone told you have been arrested
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The right to read the Codes of Practice.
You must be told these rights at the police station. If you were not, this is a significant procedural failing worth raising with your solicitor.
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What is an Arrest?
An arrest is a legal act — not just someone telling you to stop. Understanding the difference matters.
A police officer can arrest you if they have reasonable grounds to suspect you have committed, are committing, or are about to commit an offence — and if they believe the arrest is necessary.
That second element is critical and often overlooked. Necessity is a legal requirement under section 24 of PACE 1984 — it is not optional.
The police must tell you:
→ that you are under arrest
→ the grounds for the arrest
→ and that you are not free to leave
If this is not explained at the time (or as soon as practicable), the arrest may be unlawful.
The Necessity Test (PACE s.24)
An officer must have a lawful reason why arrest is necessary — suspicion alone is not enough.
Arrest may be necessary, for example:
→ to establish your name or address
→ to prevent harm to you or others
→ to prevent loss or damage to property
→ to allow a prompt and effective investigation
→ to prevent you leaving before the matter is dealt with
Lawful Arrest Requires
Reasonable Suspicion
Objective grounds — not a hunch. There must be facts, information or intelligence that would lead a reasonable person to suspect that an offence has been committed.
You Must Be Told
That You Are Arrested
Clear words must be used at the time, such as:
“I am arresting you for…” followed by the reason.
If this is not clearly explained (at the time or as soon as practicable), the arrest may be unlawful.
Lawful Arrest Requires
Necessity
Arrest must be necessary — not just convenient. Police must show a valid reason, such as confirming identity, preventing harm, allowing an effective investigation, or preventing someone from leaving.
You Must Be Told
The Grounds
You must be told the grounds for your arrest — in simple, clear terms.
This means the officer must explain the suspected offence or reason for the arrest. It is not enough to say “we’re taking you in” without explanation.
Official Sources
Stop & Search - Before Any Arrest
Being stopped and searched is not the same as being arrested. The police have different powers for each, and your rights differ too.
Officers can stop and search you in a public place if they have reasonable grounds to suspect you are carrying stolen items, weapons, or items to commit certain crimes. The most commonly used power is section 1 of PACE 1984.
Section 60 of the Criminal Justice and Public Order Act 1994 allows a senior officer to authorise searches in a specific area without individual suspicion — usually after anticipated violence. You may be stopped under s.60 without the officer giving a reason.
s.1 PACE
Requires reasonable suspicion. Officer must give their name, station, reason for search, and what they are looking for. You are entitled to a written copy of the search record.
s.60 CJPOA
Authorised by an inspector or above for up to 24 hours (can be extended). No individual suspicion required. You must still be told the authorisation is in place.
s.47A TACT
Terrorism-related stop and search. Authorised for a specific area by a senior officer where terrorism is reasonably suspected. No individual suspicion required for searches within the authorised area. The Secretary of State must be notified and can cancel the authorisation.
Search Record
You are entitled to a written record of the search. If you are not given one at the time, you can request it from the police within 3 months.
You do not have to answer questions during a stop
You do not have to answer questions during a stop
You are not legally required to answer questions during a stop and search.
In most cases, you do not have to give your name or address. However, there are limited situations where this may be required under specific legal powers.
You cannot be arrested simply for refusing to answer questions. However, your behaviour and level of cooperation may be taken into account by officers when deciding what action to take.
Further Reading
Your Rights in Custody
Once you arrive at a police station under arrest, a specific set of rights attaches to you. These are not optional — they are legal entitlements.
Right 1 · PACE s.58
Free Legal Advice
You have an absolute right to consult a solicitor in private before being interviewed. This is free and independent. You can call the duty solicitor at any time — 24/7.
Right 3 Read the Codes of Practice
You are entitled to read a copy of the PACE Codes of Practice at the police station. Ask for it. Code C covers the treatment of suspects.
Right 5 Custody Record
Everything that happens to you in custody must be logged. You or your solicitor can request this record. It is an important document if you later make a complaint.
Right 2 · PACE s.56
Inform Someone
You have the right to have one person told you are being detained. The police can delay this in serious cases but only for a maximum of 36 hours.
Right 4 Healthcare
You have the right to see a healthcare professional if you feel unwell, are injured, or require medication. This cannot be unreasonably refused.
Right 6 · Code C
Rest, Food & Drink
You must be offered at least two light meals and one main meal per 24 hours. You must be allowed an 8-hour uninterrupted rest period where possible.
Vulnerable Adults & Young People
If you are under 18, have a mental health condition, or have difficulty understanding what is happening, an Appropriate Adult must be called to support you during questioning. This is a legal requirement — not optional.
The police must identify this need at the booking-in stage.
How Long Can Police Hold You
Detention in custody is time-limited. There are strict legal maximum periods.
DETENTION PERIOD
AUTHORITY REQUIRED
APPLIES TO
Up to 24 hours
Custody Sergeant
All offences. Standard limit from time of arrival at station.
Up to 36 hours
Superintendent or above
Indictable offences only (more serious crimes). Must be authorised in writing.
Up to 96 hours
Magistrates' Court
Serious (indictable) offences
Police must apply to a Magistrates’ Court for a warrant of further detention
Up to 14 days
High Court Judge
Terrorism offences only
Terrorism Act 2000 (Section 41 & Schedule 8)
"Detention beyond 48 hours must be authorised by a Senior Judge and reviewed at intervals of no more than 7 days. Continued detention must be necessary and justified at each review."
Detention reviews
Detention must be reviewed regularly. A custody officer reviews detention after 6 hours, then every 9 hours. An inspector must review continued detention before 24 hours.
You must be told at each review whether your detention continues and why.
Important:
The detention clock does not stop if you are asleep or resting. Time continues to run, although interviews may be paused.
Release Under Investigation (RUI)
Since 2017, police can release you without bail while investigations continue — sometimes for months or longer. There are usually no conditions and no fixed time limit.
If you are released under investigation, seek legal advice. You can still be charged or re-bailed at a later stage.
Pre-charge bail
Initial bail is usually 28 days. It can be extended to 3 months by a senior officer, and further extended by a Magistrates’ Court if necessary.
Conditions may be attached (for example: residence requirements, curfews, or no contact with certain individuals).
Bail conditions
Conditions must be necessary and proportionate. If they are too restrictive, a solicitor can apply to vary them.
Breaching bail conditions can lead to arrest and further detention, and may affect future bail decisions.
The Police Interview. Your Rights and the Caution
The police interview is one of the most consequential stages of any investigation. Understanding the caution — and what it really means — is essential.
Before Questioning, the officer must caution you.
The full caution is:
“ 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.”
The middle sentence is critical. It is not simply a warning to stay silent — it explains that remaining silent can have consequences if you later rely on a defence you did not mention at the time. In certain circumstances, courts may draw adverse inferences.
What “No Comment” Means in Law
You have the right to answer “no comment” during an interview. However, if you later rely on a defence in court that you could reasonably have mentioned when questioned, the court may draw an adverse inference from that silence.
This is governed by sections 34–37 of the Criminal Justice and Public Order Act 1994.
A solicitor will advise whether a no-comment interview is appropriate in your specific case.
Before the Interview
You have the right to speak to a solicitor privately before any interview. This advice is free.
Your solicitor will advise whether to:
→ answer questions
→ provide a prepared statement
→ answer “no comment”
Do not go into an interview without legal advice.
Prepared Statement
In some cases, your solicitor may prepare a written statement setting out your account. This is read at the start of the interview.
This allows you to put your position on record while limiting the risk of adverse inferences, without answering further questions.
During the Interview
The interview must be recorded (audio or video).
You are entitled to breaks.
Your solicitor can intervene if questioning becomes inappropriate or unfair.
After the Interview
You will usually be told whether you are:
→ charged
→ released on bail
→ released under investigation (RUI)
→ or given an out-of-court disposal (such as a caution)
Accepting a Caution
A caution is not simply a “let off.” It is a formal admission of guilt.
It may:
→ appear on an enhanced DBS check
→ affect employment opportunities
→ be considered in future proceedings in certain circumstances
Always seek legal advice before accepting a caution.
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