The decisions made in the first few hours after arrest can shape the whole case. Here’s what to do, what to say, and what to insist on.
The moments that matter
Being arrested is disorienting. You may be frightened, confused, and unsure what comes next. Yet the decisions made in the hours immediately after an arrest — above all, the decision about whether to answer questions — often determine whether a case proceeds, how it is charged, and the eventual outcome at court.
The single most important rule is this: you have the right to free, independent legal advice before you say anything, and you should use it. Asking for a solicitor cannot be held against you. It is not a sign of guilt; it is the right of every person in custody in England and Wales.
Your rights at the police station
On arrest you have three core rights under PACE 1984: the right to free legal advice, the right to have someone informed of your detention, and the right to consult the custody record. The custody officer is responsible for your welfare while you are detained, and the rules governing detention are strict.
You can ask for a solicitor by name. If you do not have one, the duty solicitor scheme ensures free, independent advice is available at every police station, around the clock. There is no means test at this stage, and there is no circumstance in which being interviewed without advice is preferable.
Should you answer questions?
Not without advice. Whether to answer, give a prepared statement, or remain silent depends entirely on the evidence, the allegation, and your instructions. Remaining silent can sometimes harm your case at trial if you later rely on something you did not mention in interview, so the decision is never automatic.
A solicitor will obtain disclosure from the police about the nature of the allegation, assess it with you in private, and agree a strategy. In many cases that strategy leads to no comment or a prepared statement; in others it leads to a full account. The point is that the decision is informed.
After the interview: charge, bail or release
After interview you may be charged, bailed to return to the police station or court, released under investigation, or told there will be no further action. Each outcome has different consequences, and bail conditions can restrict your movement, contact, and work.
Where you are released under investigation, the police may continue to build the case for months. Persistent representation during that period — chasing the investigating officer, making written representations, and monitoring disclosure — can be the difference between a charge and no further action.
How a solicitor helps from the first call
From the moment of arrest, a solicitor protects your position: advising on whether to answer, representing you in interview, arguing against unnecessary bail conditions, and preparing the wider defence. Early, expert advice frequently prevents charges, secures bail, and safeguards your rights throughout.
If you or someone you know has been arrested, contact us immediately, day or night. The earlier we are involved, the more we can do.
Frequently asked questions
Do I have to answer police questions after arrest?
No, but silence is not always neutral. If you later rely on a fact at trial that you did not mention when questioned, the court can draw an adverse inference under section 34 of the Criminal Justice and Public Order Act 1994. That is why the decision must be made with a solicitor who has seen the disclosure, not on the spot.
Can I be interviewed before my solicitor arrives?
You can be, but you do not have to be. You are entitled to wait for legal advice, and the police must not question you about the offence until you have had the opportunity to consult a solicitor. In practice, insisting on advice before interview rarely delays matters for long.
How long can I be kept in custody without charge?
Generally up to 24 hours, reviewed periodically by a custody officer. A superintendent can extend this to 36 hours, and a magistrates’ court can authorise detention up to 96 hours for certain indictable offences. Your solicitor monitors each review and can challenge unlawful detention.
Will asking for a solicitor make me look guilty?
No. Requesting legal advice is a statutory right under PACE 1984 and cannot be treated as an admission or held against you. Interviewing officers expect it, and in our experience the presence of a solicitor makes the process fairer and more reliable for everyone.
What should I tell my family if I'm arrested?
You have the right to have one person informed of your detention, and the police will normally make that call for you. Tell them to call us on 07752 20 30 40 — a family member or friend can also instruct us on your behalf if you are unable to.
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This article is general information, not legal advice. For guidance on your situation, contact our team — available day or night.