Family Guide

What To Do If a Loved One Is Arrested in Kent

Practical steps to help when someone you care about is detained

Learning that a family member or friend has been arrested is distressing. While you may feel helpless, there are practical steps you can take to support them.

Immediate Steps

1. Stay Calm

Panic won't help anyone. Take a breath and focus on practical actions. The person detained needs support, not additional stress from anxious relatives.

2. Confirm the Detention

If you've been informed of the arrest, you'll know where they are. If not, and you're concerned, you can try calling 101 to enquire, though police aren't always able to confirm custody status.

3. Arrange Legal Representation

This is the most important thing you can do.

You can call a solicitor on their behalf. The solicitor can then contact the custody suite and arrange to attend.

Call 01732 247427 (Attends within 30 mins)

4. Understand You Can't Visit

Police custody isn't like hospital. You generally can't visit someone while they're detained. The detained person may be able to make phone calls, but this is at the Custody Sergeant's discretion.

Important: Confidentiality & Information Blackout (Adults)

If the arrested person is an adult (18 or over), you must be prepared for a potential lack of information. Strict privacy laws (GDPR) and police procedures mean:

  • •Police will NOT share details with you: Unless the detained person specifically authorizes it, the police cannot tell you why they were arrested or the evidence against them.
  • •Solicitors are bound by confidentiality: If they have instructed a solicitor, that solicitor cannot speak to you about the case without their client's express permission.
  • •You cannot "override" their choice: If they have instructed a solicitor, you cannot call another firm to take over. A new solicitor cannot act unless the client dismisses their current one.

What Happens Next

After interview, your loved one will typically be:

1

Released without charge

Free to go, case closed.

2

Released under investigation (RUI)

Free to go, but investigation continues.

3

Bailed

Released with conditions and a strict return date.

4

Charged

Will appear at court (usually next available date).

Practical Support

  • Have clean clothes ready if needed
  • Be available to collect them when released
  • Avoid discussing the case details
  • !
    Keep any potential evidence safe

For Young People & Vulnerable Adults

If the detainee is under 18 or defined as a vulnerable adult, police MUST secure an "Appropriate Adult" (AA) to be present.

Who Can Be an Appropriate Adult?

Under PACE Code C, the police look for people in this order:

  1. 1

    Parent or Guardian

    Primary choice for juveniles.

  2. 2

    Social Worker

    For children in care.

  3. 3

    Other Responsible Adult

    Relative, friend, or neighbour aged 18+.

  4. 4

    Volunteer AA

    Trained volunteer if no one else is available.

When a Parent CANNOT be the AA

Police may refuse you as the AA if there is a conflict of interest:

You are the victime.g. domestic assault or theft from home
You are a witnessYou saw the incident or gave a statement
You are a suspectYou are involved in the offence
Estrangement/HostilityYour presence distresses the detainee
References and Legal Authorities

[1] Police and Criminal Evidence Act 1984 (PACE), Section 56 - Right to have someone informed when arrested

[2] PACE Code C (2023), Para 3.1 - Rights regarding legal advice

[3] PACE Code C, Para 5.7 - Visits to detained persons

[4] PACE Code C, Para 3.15 - Appropriate Adults for juveniles

[5] PACE Code C (2023), Para 1.7 - Definition and hierarchy of Appropriate Adults

[6] PACE Code C, Guidance Note 1B - Parents excluded due to conflict of interest/involvement

FAQs

Can I visit someone in Kent police custody?

Generally no. Visits aren't usually permitted during detention. However, the detained person can have someone informed of their arrest.

How do I know which police station they're at?

If you're informed of the arrest, you'll be told the location. Otherwise, you can call 101 and enquire, though they may not always confirm.

Can I arrange a solicitor for them?

Yes. You can call a solicitor on their behalf and ask them to attend. They can then contact the custody suite directly.

How long can police hold them?

Initially up to 24 hours (longer for serious offences with proper authorisation). They should be released, charged, or bailed within this time.

Need to Arrange Legal Help for Someone in Kent Custody?

We can attend any Kent police station within 30 minutes. FREE under Legal Aid.

01732 247427 Text 07535 494446
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