What to Do If a Loved One is Arrested

Finding out that a loved one has been arrested can be distressing. This guide explains what you can do to help and how to ensure they get the best legal representation.

Immediate Steps

1. Stay Calm

While it's natural to be worried, staying calm will help you take the right steps to help your loved one.

2. Find Out Which Police Station

Ask the police which station your loved one has been taken to. Your loved one has a right to have someone informed of their arrest (PACE s.56).[1]

3. Instruct a Solicitor Immediately

You can instruct a solicitor on behalf of your loved one. This is crucial because:

  • Legal advice at the police station is free in many situations (see GOV.UK overview)[3]
  • The solicitor can attend the police station to represent them
  • Early legal advice can significantly improve the outcome
  • The solicitor can ensure their rights are protected

What Information to Provide

When calling a solicitor, have ready:

  • The name of the person arrested
  • Which police station they are at
  • When they were arrested (if known)
  • What they have been arrested for (if known)
  • Any relevant medical conditions or vulnerabilities
  • Your contact details

Your Loved One's Rights

While in custody, your loved one has important rights including legal advice (PACE s.58) and having someone informed (PACE s.56).[2] [1]

  • Right to free legal advice
  • Right to have someone informed of their arrest
  • Right to remain silent
  • Right to medical attention if needed
  • Right to be treated properly and with dignity

What Happens Next

After arrest, the process typically involves:

  1. Booking in: Your loved one will be processed at the police station
  2. Legal advice: A solicitor will attend to provide representation
  3. Interview: They may be interviewed (with their solicitor present)
  4. Decision: The police will decide whether to charge, release under investigation, or take no further action

Can You Visit?

Generally, you cannot visit someone in police custody. However, you can:

  • Call the police station to check on their welfare
  • Ensure they have requested legal advice
  • Provide information to their solicitor if helpful
  • Be available to collect them if they are released

If Your Loved One is Vulnerable

If your loved one is vulnerable (e.g. mental health issues, learning disabilities), inform the solicitor immediately. PACE Code C contains safeguards for vulnerable detainees, including appropriate adult safeguards.[4]

Emergency: Act Quickly

Time is important. The sooner a solicitor is instructed, the better. Your loved one should not be interviewed without legal representation unless they specifically waive this right.

Get Immediate Legal Representation

If a loved one has been arrested, call us immediately. We provide free extended hours legal advice and representation at all Kent police stations. You can instruct us on their behalf.

Call us now on 01732 247427 for immediate assistance.

Sources

  1. Police and Criminal Evidence Act 1984 (PACE) s.56 (right to have someone informed)https://www.legislation.gov.uk/ukpga/1984/60/section/56
  2. PACE s.58 (right to legal advice)https://www.legislation.gov.uk/ukpga/1984/60/section/58
  3. GOV.UK: Arrested? Your rightshttps://www.gov.uk/arrested-your-rights
  4. Home Office: PACE Code C (December 2023) – detention, treatment and questioning (PDF)https://assets.publishing.service.gov.uk/media/6580543083ba38000de1b792/PACE+Code+C+2023.pdf

Note: UK legislation changes. If something is urgent or unclear, get advice for your specific situation.