What to do if you’re arrested – a solicitor’s guide

Being arrested can be a frightening and overwhelming experience. Knowing what to do in that situation can have a significant impact on the outcome.

At Bridger’s Law, we have a huge amount of experience in supporting clients in the event of arrest; our founder Duane Bridger has dealt with more than 5,000 police station interviews ranging from Public Order Act matters, Sexual Offences and Murders.

We instruct London Barristers and work with them to ensure the very best representation, should the Crown Prosecution Service (CPS) decide that they have sufficient evidence and charge you to attend court.

As we do not hold a Legal Aid franchise, we are able to take on less work and ensure that we are focused on your case.

Below, we guide you through the key points to understand if you’re arrested, to help reduce stress, confusion and ensure you’re treated fairly throughout the process.

Remain calm and polite
You may be feeling angry, confused and vulnerable, but whatever the circumstances of your arrest, it’s important to stay compliant and respectful at all times. Any behaviour that could be interpreted as resisting arrest could see you facing further charges.

What happens at the police station
You will usually be taken to the custody sergeant who will confirm your identity, explain your rights and the reason for your arrest.

Your possessions will be taken from you and you will be held in custody, usually in a cell. Depending on the nature of the allegations, you may be photographed and DNA samples and fingerprints might be taken. Refusing to co-operate may lead to additional allegations.

If officers suspect you of concealing evidence, drugs or a weapon, they have the right to search you but they must ensure an appropriate adult is present if you are under 18.

Your rights
At the police station, you have the right to request legal counsel and to contact a family member or friend to advise them of the situation. You may remain silent until a representative arrives, and throughout the interview process – a solicitor will be able to advise you appropriately.

If you have a medical condition, or are injured, you have the right to treatment and access to medication or a healthcare professional. You can request toilet breaks, food and drink as necessary.

You may only be detained for up to 24 hours without charge, or 36-96 hours if you are suspected of a serious crime, such as murder, although this has to be authorised initially by a Police Superintendent and subsequently for an additional period of detention by the court. Police may detain someone suspected of terrorism offences for up to 14 days without charging them with the appropriate authorisation.

Appoint representation immediately
No matter how minor the alleged offence is, it’s important to seek legal advice as soon as possible. The decisions you make at this stage can affect your case if it ends up in court. A solicitor can ask important questions about the allegations against you and make a bail representation, if appropriate. If you are bailed, the solicitor will stay in touch with the officer and save you the stress of having to speak to them.

Furthermore, being calm allows you to better absorb the information you are being given, and work with your representative to answer charges and build a case.

Answering questions
You will probably have seen televised police interviews where suspects answer ‘No comment’ to all questions – this is usually appropriate if:

-The evidence against you is unclear or incomplete
– Answering questions could incriminate you
– You feel that your mental state could affect your responses
– The charges are particularly complex and you are struggling to fully understand.

It’s important to be aware that a ‘no comment’ interview could reflect negatively on you, however,  should the case go to court. If you are innocent but believe there is enough evidence to charge you, it can be more beneficial to answer questions truthfully. In any case, a solicitor can assess the situation and advise you of the appropriate course of action.

Do not accept guilt
Don’t accept that you are guilty, as the law requires the Crown to prove various elements in order to cross the ‘beyond a reasonable doubt’ threshold which is the highest threshold in law. A solicitor will assist you at the police station and also arrange for you to return at a convenient time.

If and when your case comes to court, your solicitor will advise you on how to plead.

Charge or release
If you are charged, you’ll be given a charge sheet with details of the crime. You might be kept in custody until your first court hearing, which will take place at a Magistrates’ Court. If you’re released on bail, you could be discharged from the station, but under certain conditions such as staying at your home address until the court date.

A police caution means you have been formally warned for committing a minor offence. This will appear on your record and could impact you when apply for jobs, to study or your ability to travel.

You could also be released with no further action, which means you are free to leave the station. However, the police could reopen the case at a later date if further evidence comes to light.

If the case goes to court
Before attending court, we will meet with you to go through the evidence and advise you on the strength of your case. We will run through the procedure and ensure that all you do when you arrive is confirm your identity. We will look after you for the rest of the process.

If your case is strong, we may write to the Court and the Crown explaining the weaknesses in their case with a view to persuading them to discontinue the proceedings.

Whatever the scenario of an arrest, the important thing is not to panic, and to contact our team right away. Being caught in the Criminal Justice System is concerning and there is nothing more reassuring than knowing that your legal team is there to support you every step of the way.