Police Custody — What Happens After Arrest, and Your Rights

Step 1: Arrest and arrival at the custody suite

You can be arrested under section 24 of PACE wherever the officer reasonably suspects you of involvement in an offence. You will be cautioned at the point of arrest and transported to a custody suite — usually in a marked vehicle.

On arrival, you are presented to the custody sergeant. The custody sergeant is independent of the investigation and decides whether your continued detention is necessary and lawful.

Step 2: Booking in

The booking-in process is mostly procedural but legally important:

• Your personal details are confirmed.
• The officer summarises the grounds for arrest.
• The custody sergeant authorises detention if satisfied it is justified.
• You are searched and your possessions logged.
• You are given a printed notice of your rights and entitlements.
• You are asked whether you want a solicitor — say yes, even if you are unsure.

Step 3: Your rights in custody

Under PACE Code C, you have a number of fundamental rights from the moment you are detained:

• Free, independent legal advice at any time, paid for by legal aid regardless of income or offence.
• The right to have one person told of your arrest.
• The right to consult the PACE codes of practice.
• Regular meals, fluids, and rest periods.
• Medical care if needed, including from an independent custody nurse or doctor.
• The right to silence, subject to the adverse-inference rules.
• An interpreter, if English is not your first language.
• For under-18s and vulnerable adults, the right to an appropriate adult.

Step 4: Detention time limits

Detention is not open-ended. The basic limits are:

• 24 hours from arrival at the station — standard maximum without further authorisation.
• 36 hours with the authorisation of a superintendent in indictable cases.
• Up to 96 hours with successive applications to a magistrates’ court in serious indictable cases.
• Different rules apply under terrorism legislation.

The custody sergeant must conduct regular reviews of whether detention remains necessary — typically after 6 hours, 15 hours, and so on.

Step 5: Disclosure and consultation

Before interview, your solicitor obtains disclosure from the investigating officer: the allegation, key evidence, and the points the police want to put to you. You then have a private consultation with your solicitor, protected by legal professional privilege.

This is where the interview strategy is decided — answer questions, prepared statement, no comment, or a hybrid approach.

Step 6: The interview under caution

The interview is recorded. It is opened with the formal police caution, identification of everyone present, and confirmation that you have had legal advice.

The interview itself usually follows a structured pattern:

1. Background/context questions.
2. Open invitation to give your account.
3. Specific, evidence-based questions.
4. Putting any inconsistencies or alleged admissions.
5. Final opportunity to add anything.

Step 7: Decision on charge or release

After interview, the custody officer (sometimes after consultation with the CPS) decides one of the following outcomes:

• No further action (NFA) — released, with no charge.
• Released under investigation (RUI) — the inquiry continues; you may be re-interviewed later.
• Police bail — released subject to conditions and a return date.
• Charge — formally accused and either bailed to court or kept in custody for the next available court.
• Caution — formal admission of guilt without prosecution; significant consequences and not to be accepted without advice.

What family members can — and can’t — do

Family members can instruct a solicitor on behalf of a person in custody. The custody officer will then notify the detainee that representation has been arranged.

However, the police, the solicitor, and the custody suite cannot give family members updates about the investigation, the evidence, or the interview itself. Communications with the detainee are confidential.

Why early legal advice changes outcomes

Decisions taken in the first few hours of custody have lasting effects. Whether to answer questions, what to say, whether to accept a caution — each can be the difference between an early NFA and a charge that follows you for years. Free legal advice exists for exactly that reason.

Next steps

If you, or a family member, are about to be — or have just been — taken into custody, request a solicitor immediately. The earlier representation begins, the better.