What Happens If You Are Arrested for the First Time?
Being arrested can be frightening, especially for the first time. Knowing what to expect — and your legal rights — can make a significant difference to the outcome.
Quick Answer
When arrested, you must be told the reason for your arrest, you have the right to free legal advice from a duty solicitor, and you have the right to remain silent. The police can normally hold you for up to 24 hours before they must charge or release you. You should always ask for a solicitor and say as little as possible until you have spoken to one.
Full Explanation
An arrest is a legal act by which a police officer deprives a person of their liberty. Under PACE 1984, the arresting officer must tell you: that you are being arrested; the offence you are suspected of committing; and why the arrest is considered necessary. An arrest without these elements is unlawful.
Once arrested, you will be taken to a police station where a custody sergeant will formally book you in. You have the right to: free legal advice at any time, either from your own solicitor or the duty solicitor; to have a friend or relative told you have been arrested; and to consult the PACE Code of Practice. These rights cannot ordinarily be denied, though there are narrow exceptions for serious arrestable offences.
At the police station you may be asked to submit to: fingerprinting; a DNA mouth swab; a photograph; and potentially an intimate or non-intimate search. Refusal to comply with lawful requests can itself constitute an offence in some circumstances.
You will likely be interviewed under caution. The standard caution is: 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.' The right to silence still exists but, since the Criminal Justice and Public Order Act 1994, a court may draw 'adverse inferences' if you fail to mention facts you later rely on in your defence. Your solicitor will advise you whether to answer questions, give a prepared statement, or remain silent.
After interview, you will be: released without charge; released on bail (with conditions) while investigations continue; charged and released on bail to appear in court; or charged and kept in custody to appear before a magistrates' court the next morning (or on the following working day).
Legal Basis
- §Police and Criminal Evidence Act 1984 (arrest, detention, interview procedures)
- §PACE Codes of Practice, Code C (detention, treatment, questioning)
- §Criminal Justice and Public Order Act 1994, sections 34–37 (adverse inferences from silence)
- §Bail Act 1976 (conditions of bail)
What To Do
Stay Calm and Do Not Resist
Comply physically with the arrest even if you believe it is unlawful. Resisting arrest can lead to additional charges. The time to challenge the lawfulness of the arrest is in court, not on the street.
Ask for a Solicitor Immediately
At the custody desk, clearly state that you want legal advice and you want to speak to a solicitor before being interviewed. You have an absolute right to free legal advice from the duty solicitor. Do not waive this right.
Speak to the Solicitor Before Interview
Your solicitor will advise you on whether to answer questions, give a prepared statement, or exercise your right to silence. Follow their advice — do not try to 'explain your way out' of the situation without legal guidance.
Cooperate With Lawful Custody Procedures
Comply with fingerprinting, DNA swabbing, and photography — these are lawful requirements under PACE and refusing can lead to additional offences. Note that DNA and fingerprints taken on arrest are subject to retention rules — if not charged, you can request deletion.
Understand Your Release Conditions
When released, make sure you understand any bail conditions imposed. Breaching bail conditions is a separate criminal offence. Note the date and time of any bail return or court appearance.
Important Deadlines
Important Warnings
Never lie to police — making a false statement can lead to additional charges such as perverting the course of justice, which is a very serious offence.
Do not discuss the case with friends or on social media — anything you say can be used as evidence and social media posts may be monitored.
If you have been arrested and released without charge, the arrest will still appear on an enhanced DBS check — this can affect certain job applications.