Your rights at the police station
If you're arrested and taken to a police station, you have important rights. These include the right to free legal advice from a solicitor, the right to have someone told where you are, the right to an interpreter if you need one, and the right to read the codes of practice that set out how the police must treat you.
Free legal advice at the police station is available to everyone, whatever their income. You can ask for your own solicitor or for the duty solicitor. You can ask for legal advice at any time, including if you didn't ask for it at first.
Voluntary interviews
The police may ask you to attend a "voluntary interview" without arresting you. Although it's called voluntary, it's a formal interview under caution, and what you say can be used as evidence. You have the right to free legal advice before and during a voluntary interview, in the same way as if you'd been arrested.
The police caution and interviews
Before an interview, the police must give you a caution. It explains that you don't have to say anything, but that it may harm your defence if you don't mention when questioned something you later rely on in court, and that anything you do say may be given in evidence.
Whether to answer questions, give a prepared statement or say "no comment" is an important decision that depends on the circumstances. It's one of the main reasons to speak to a solicitor before any interview.
How long the police can hold you
The police can usually hold you for up to 24 hours before they must charge you or release you. In some cases, this can be extended, for example for more serious offences, and longer periods apply to some terrorism offences.
Bail and "released under investigation"
If the police haven't finished investigating, they may release you on bail, sometimes with conditions such as living at a particular address or not contacting certain people. Breaking bail conditions can lead to arrest.
Alternatively, you may be "released under investigation". This means you're not on bail and have no conditions to follow, but the investigation is continuing and you may be contacted again.
Being charged or summonsed
If the police or the Crown Prosecution Service decide there's enough evidence, you may be charged at the police station or sent a written charge and requisition, or a summons, telling you when to go to court. It's important to attend court on the date given. Failing to attend without a good reason can be an offence in itself, and a warrant may be issued for your arrest.
Cautions and other out-of-court outcomes
For some offences, the police may deal with a matter without going to court, for example with a caution. To accept a caution, you usually have to admit the offence. A caution isn't a conviction, but it does form part of your criminal record and can appear on some criminal record checks. Because of this, it's worth getting legal advice before accepting one.
Magistrates' court and Crown Court
All criminal cases in England and Wales start in the magistrates' court. Less serious cases are usually dealt with there. More serious cases are sent to the Crown Court, where a trial takes place before a judge and jury. Some offences can be dealt with in either court.
If you plead guilty, the court will go on to sentence you. If you plead not guilty, the case will be listed for trial. Pleading guilty at the earliest opportunity can lead to a reduction in sentence, but you should only plead guilty if you are guilty.
Legal aid at court
Legal aid may be available to pay for a solicitor to represent you in court. Whether you qualify usually depends on your income and on whether it's in the interests of justice, for example because you could lose your liberty or your job. At the magistrates' court, there may be a duty solicitor available on the day.
Criminal records and DBS checks
Convictions and cautions become "spent" after a period that depends on the sentence or outcome and, in some cases, your age. Once a conviction or caution is spent, you usually don't need to declare it to most employers, insurers and others who ask.
Some jobs and roles, such as working with children or vulnerable adults, require standard or enhanced DBS checks. These can show spent convictions and cautions in some circumstances, although certain older and minor matters are filtered out.
If you're a victim or witness of crime
If you've been the victim of a crime, you can report it to the police. Victims have rights under the Code of Practice for Victims of Crime, including the right to be kept informed about the investigation and any court case, and to make a victim personal statement. Witnesses who are vulnerable or intimidated may be able to get special measures to help them give evidence.
Important: urgent situations
If someone is in immediate danger, call 999.
If you've been arrested, are being held at a police station, have been asked to attend a police interview, or have a court date, get legal advice from a criminal defence solicitor. Free legal advice is available at the police station, and a duty solicitor may be available at court. Don't rely on LegalBuddha in these situations.
Frequently asked questions
Is legal advice at the police station free?
Yes. If you're arrested or attend a voluntary police interview, you have the right to free legal advice from a solicitor, whatever your income.
What does "released under investigation" mean?
It means the police have released you without bail while they continue to investigate. You have no bail conditions, but you may be contacted again or charged later.
Should I answer questions in a police interview?
This is an important decision that depends on the circumstances, and it can affect your case. You should speak to a solicitor before the interview. Free legal advice is available at the police station.
Is a caution a criminal record?
A caution isn't a conviction, but it does form part of your criminal record and may appear on some criminal record checks, particularly before it becomes spent.
Do I have to tell an employer about a spent conviction?
Usually not, for most jobs. However, some roles, such as working with children or vulnerable adults, are exempt, and you may be asked about spent convictions and cautions.
What happens if I miss a court date?
Failing to attend court without a good reason can be an offence, and the court may issue a warrant for your arrest. If you can't attend, contact the court and get legal advice as soon as possible.