The First Hour After a Kent Arrest: What to Do

I don't work for the police. Police Station Agent is run by Defence Legal Services Ltd. When I act for you, I do so as a solicitor at Tuckers Solicitors LLP (SRA number 592449).

If you or a family member has just been arrested in Kent, the first hour can feel overwhelming. What you do in those early minutes, before any interview, often shapes everything that follows. The most important step is simple: ask for free, independent legal advice and don't answer questions about the allegation until that advice arrives.

This article explains, in plain English, what happens when you arrive at a Kent or Medway custody suite, the rights you have under the Police and Criminal Evidence Act 1984 (PACE) Code C, and how to get a representative to the station quickly, including at night and over the weekend.

Answer first

If you have been arrested in Kent, the single most important thing in the first hour is to ask for free, independent legal advice and to wait for that advice before being interviewed. Legal advice at the police station is free to everyone, regardless of income (Standard Crime Contract 2025 Specification, version 3, paragraph 9.8), and the police must let you talk to a solicitor at any time, day or night (Notice of Rights and Entitlements).

You don't have to answer questions before you have spoken to a solicitor or accredited police station representative. Asking to speak to a solicitor does not make it look like you have done anything wrong (Notice of Rights and Entitlements), and the police must not try to talk you out of getting legal advice (PACE Code C, paragraph 6.4). It's one of the few decisions in custody that is entirely within your control, so take it.

What happens when you arrive in custody

On arrival you'll see the custody officer, who must open a custody record, explain why you're being detained, and tell you your rights under PACE Code C, paragraphs 2.1 and 3.1: the right to free legal advice, the right to have someone told you have been arrested, and the right to consult the Codes of Practice.

You may be searched, and the custody officer must find out what property you have with you (PACE section 54; Code C, paragraph 4.1). The custody clock generally allows the police to detain you for up to 24 hours before charge (PACE section 41). For an indictable offence an officer of superintendent rank or above can extend this to 36 hours (section 42), and magistrates can authorise further detention up to a maximum of 96 hours (sections 43 and 44); different limits apply under the Terrorism Act 2000 (GOV.UK: how long you can be held in custody). Knowing the clock is running is one reason to get advice in place early rather than waiting.

Say these three things

First: ‘I want free legal advice.’ Second: ‘Please tell [name] where I am.’ Third: nothing about the allegation until your adviser arrives. These three short statements protect your rights, let your family know your whereabouts, and avoid giving an account before you understand the case against you.

If you're under 18 or a vulnerable adult, an appropriate adult must normally be present before you are interviewed (PACE Code C, paragraph 11.15). Say so if it applies to you or your family member. The appropriate adult helps you understand what is happening and supports communication, but isn't a substitute for legal advice.

How to get a representative to a Kent custody suite quickly

When you ask for free legal advice, the police must tell the Defence Solicitor Call Centre (DSCC), which contacts the solicitor or firm you name or, if you don't name one, the duty solicitor (PACE Code C, Note 6B). For some less serious matters, free advice may be given by telephone only, through Criminal Defence Direct. You can ask for Robert Cashman, Tuckers Duty Solicitor, at Kent and Medway custody suites, including out of hours, subject to availability. Naming a solicitor you trust avoids being allocated to whoever is on the duty rota.

Time matters because disclosure, interview, and decisions to charge or release often happen quickly. Having a representative present means your account is recorded properly, the disclosure is reviewed, and your rights are protected from the start rather than after a decision has already been made.

If you're reading this for someone already in custody, you can contact us with the custody suite location and any reference number, and we'll liaise with the custody officer to confirm attendance.

First-hour checklist: from arrest to the consultation room

• At the point of arrest: stay calm. Give your name and address if required, but don't discuss the allegation in the police van or at the custody desk. Informal chat with officers is still evidence if you speak. Police must record relevant comments you make outside interview, even unprompted ones (Code C, paragraph 11.13).
• Booking-in: you'll be searched, photographed and given your rights in writing. When asked about legal advice, ask for a solicitor. Don't waive it to speed things up. Tell custody staff about any medical needs and about any children who need a safe adult.
• Waiting in the cell: use the time to rest. Don't discuss the case on custody phones, as calls may be monitored. When your solicitor arrives you get a private consultation before any interview: the right is to consult a solicitor privately (PACE s.58(1)).
• Family helping from outside: they should note the custody suite and any custody reference, instruct a solicitor, and avoid contacting witnesses on your behalf. They can't take your solicitor's place in interview.
• Which suite: Kent custody suites are at Medway (Gillingham), North Kent (Gravesend), Tonbridge, Canterbury, Folkestone and Margate. The Legal Aid Agency announced that Maidstone custody would close on 15 October 2025 and that Maidstone Police Station would continue to deal with voluntary interviews (LAA consultation). Kent Police told the LAA that people arrested in the Maidstone area would be taken to the nearest custody unit, subject to operational considerations, expected to include Tonbridge, North Kent and Medway (LAA consultation response).

Related guides

• No comment interview: Kent
• Police bail explained: Kent
• Police station representation
• Free legal advice at the police station

Conclusion

The first hour after a Kent arrest is the moment your rights matter most. Ask for free legal advice, keep your account until your adviser arrives, and let someone know where you are. This article is general information for people attending Kent police stations. For advice on your own case, speak to a qualified solicitor before interview.

Sources

• PACE 1984, Code C (2023) (Detention, treatment and questioning): GOV.UK
• Notice of Rights and Entitlements: GOV.UK
• PACE 1984, sections 41 to 44 (limits on detention without charge) and section 54 (searches of detained persons)
• How long you can be held in custody: GOV.UK
• Standard Crime Contract 2025 Specification, version 3 (effective 26 October 2026), paragraph 9.8
• Being arrested: your rights: GOV.UK
• Legal Aid Agency, advice and assistance at the police station, GOV.UK
• PACE 1984, section 58(1) (access to legal advice)
• LAA: Maidstone and West Malling duty scheme consultation (18 August 2025)
• LAA: response to the Maidstone and West Malling duty scheme consultation (15 September 2025)
• SRA register: Tuckers Solicitors LLP (592449)

General information only: not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Don't rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error.