An arrest is one of the most disorientating things that can happen to a person. The moment is loud, frightening, and unfamiliar — and yet what you do in the first hour at the police station can shape everything that follows. In England and Wales, the law gives you clear, powerful rights from the instant you are detained. Knowing them, and using them, is your strongest protection.
The framework that governs how the police may treat you is the Police and Criminal Evidence Act 1984 (PACE) and its accompanying Codes of Practice. These rules exist to balance the police's investigative powers against the rights of the individual. They apply whether you are arrested and held in a cell, or simply asked to "come in for a chat" — and the single most important thing to understand is that you do not have to face any of it alone.
Arrest versus a voluntary interview
Not everyone questioned by the police has been arrested. A person can be arrested — physically detained and taken into custody — or invited to attend a voluntary interview under caution, sometimes loosely called "helping with enquiries." It is vital to grasp the difference, and the crucial similarity.
If you are arrested, the officer must tell you that you are under arrest, the offence they suspect, and why your arrest is necessary. You are then taken before a custody officer, who authorises your detention and opens a custody record documenting everything that happens to you.
A voluntary interview feels gentler. You are not in a cell, you are told you are free to leave at any time, and you have not been arrested. But make no mistake: what you say is recorded, you are interviewed under the same caution, and your answers can be used as evidence in exactly the same way. The reassuring informality is precisely why people lower their guard. The essential point is this — your core rights, including the right to free legal advice and the right to silence, apply equally whether you are arrested or attending voluntarily. Treat a voluntary interview with the same seriousness as an arrest.
Your key rights in detention
When you are detained at a police station, the custody officer must inform you of three continuing rights. These are not favours; they are entitlements that apply at any time during your detention, and you can ask to exercise them whenever you choose.
Under PACE, while you are held you have the right to:
- Free and independent legal advice. You may consult a solicitor in private, at no cost to you, regardless of your means. A duty solicitor is available around the clock — ask for one.
- To have someone informed of your arrest. A friend, relative, or another person can be told where you are and that you have been detained.
- To consult the PACE Codes of Practice. You are entitled to read the rules that govern how the police must treat you while in custody.
In addition, if you are unwell you have the right to medical help, and if English is not your first language, or you have a hearing impairment, you are entitled to a free interpreter before and during any interview.
The right to free legal advice is the one that matters most, and it is the one people most often waive in the hope of getting home faster. Declining the duty solicitor almost never speeds things up — and it removes the one person in the building whose only job is to protect your interests. There is no good reason to refuse it, and every reason to ask.
The caution and the right to silence
Before any formal questioning, the police must caution you. The wording is precise, and every word of it carries legal weight:
"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 first sentence confirms a fundamental principle: you have the right to silence. You are not obliged to answer questions or to explain yourself. The third sentence is the familiar warning that your words can be used against you.
It is the middle sentence that trips people up, and it is where careful judgement matters. Under the Criminal Justice and Public Order Act 1994, a court or jury may in certain circumstances draw an adverse inference from your silence — for example, if you stay silent in interview but later raise a defence at trial that you could reasonably have mentioned earlier. Silence is not automatically held against you, and inferences cannot, on their own, convict you. But the rules are genuinely nuanced.
This is exactly why legal advice is indispensable. A solicitor will see the disclosure the police are willing to give, assess the strength of the case against you, and advise whether to answer questions, to stay silent, or to provide a prepared written statement. That judgement cannot safely be made alone in an interview room. Crucially, no adverse inference can be drawn from silence if you stayed silent on the genuine advice of your solicitor and can show good reason for following it — another reason the duty solicitor is your best ally.
How long can the police detain you
Detention is not open-ended. As a general rule, the police may hold you without charge for up to 24 hours. A senior officer can extend this to 36 hours for an indictable offence, and a magistrates' court can authorise further detention up to a maximum of 96 hours. Detention under terrorism legislation operates under a separate, longer regime.
Once that time is reached, the police must either charge you, release you, or release you under one of two routes while enquiries continue. Understanding these outcomes removes much of the fear of the unknown:
- Charged. The police believe there is enough evidence to prosecute. You will be either bailed to attend court or, in some cases, kept in custody to appear before the next available court.
- Released on bail. You are released subject to a duty to return to the station on a set date, sometimes with conditions such as residence or non-contact requirements. Pre-charge bail is time-limited and must be reviewed.
- Released under investigation (RUI). You are released without bail conditions while the investigation continues. There is no fixed return date, which can mean a long and unsettling wait — but it does not mean the matter is closed.
Whether you are bailed or released under investigation, the case has not necessarily ended. This is the stage at which early, proactive legal representation can make a real difference — engaging with the investigating officers, making representations, and shaping the outcome before any charging decision is taken.
How Crejj & Partners can help
Our criminal defence team is available to attend the police station at any hour, whether you have been arrested or invited for a voluntary interview. We review the disclosure, advise you on whether and how to answer questions, and ensure the police observe your rights under PACE at every step. Beyond the station, we make pre-charge representations, manage bail and RUI matters, and prepare a robust defence should the case proceed. The earlier we are involved, the more we can do — so if you or someone close to you is facing police questioning, contact us before that interview begins, not after.
- Your core rights apply whether you are arrested or attending a voluntary interview under caution — treat both with equal seriousness.
- Always ask for the free, independent duty solicitor. Declining legal advice rarely speeds your release and removes your only safeguard.
- You have the right to silence, but adverse inferences can sometimes be drawn — which is precisely why you need a solicitor's judgement before you answer.
- Police can hold you without charge for up to 24 hours, extendable to 36 and, by a court, to a maximum of 96 hours.
- Never assume that cooperation alone will protect you; proper legal advice from the outset is what truly safeguards your position.
This article is provided for general information only and does not constitute legal advice or create a solicitor–client relationship. It describes the law of England & Wales, which may change; seek tailored advice for your circumstances. Crejj & Partners is a fictional firm presented for illustrative purposes on this website.