Archive Website of the UK government

If you're kept in custody

The custody officer at the police station must tell you why you're being held and explain what your rights are. Your rights are to:

• get free legal advice - for example, from a solicitor
• arrange for someone you know to be told where you are
• have medical help if you’re feeling ill - the police arrange this
• see the rules the police must follow - these are called ‘Codes of Practice’
• see a written notice telling you about your rights - for example, to get regular breaks for food, washing and to use the toilet

You will be searched and any possessions you have will be temporarily taken off you while you're in the cell.

How long you can be held

The police can’t normally hold you for more than 24 hours without charging you with a crime.

If you are suspected of committing a serious crime (for example, murder), the period in custody can be extended to:

• 36 hours - by a police superintendent at the police station
• 96 hours - by a court - the police have to ‘apply’ to a court to do this

After this time, the police must either charge you or release you.

• What happens if you're charged with a crime

When you are being questioned

The police will question you about the offence they suspect you of committing. The interview will be recorded.

Police caution

Before the police ask you any questions, they have to warn you what can happen if you decide not to answer. This is called the ‘police caution’. The police caution is:

’You do not have to say anything. However, 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.’

If necessary, a police officer or legal adviser can explain what this means.

Your right to free legal advice

While at the police station, you have the right to free legal advice. See ‘Legal advice if you’re questioned by police or charged with a crime’ for more information.

• Legal advice if you're questioned by police or charged with a crime

If you're disabled or need support

If you're disabled - for example, you are deaf or have a mental health condition - you have the right to support at the police station.

See ‘Police and disabled people’ for more information.

• Police and disabled people (disabled people section)

If you're aged under 17

If you're under 17, the police must find a parent, guardian or carer aged over 18 (an ‘appropriate adult’) to come to the station.

• If a young person is taken to a police station (young people section)

Fingerprints, photographs and samples

The police have the right to take your fingerprints, photographs and a DNA sample (for example, a mouth swab). You cannot refuse to let them do this.

Information from fingerprints and samples are stored in a police database and may be used to identify you if you're arrested again.

To take some other types of samples (called 'intimate samples') - for example, blood or urine - the police need:

• the authority of a senior police officer - an inspector
• your permission

You can refuse to give permission. A legal adviser can explain what could happen if you refuse - especially if you are charged and have to go to court.

Drink driving

If you're arrested for drinking and driving you have the right to speak to a solicitor. Waiting to speak to a solicitor doesn't allow you to refuse to give samples of breath, blood or urine for testing.

If you're released without charge

When the police have finished investigating they may release you because they:

• are satisfied you’re not involved in the crime
• don't have enough evidence to charge you with the crime

Even if they have enough evidence, they won’t necessarily charge you. You could be given a caution or warning instead of having to go to court.

If you're charged with a crime

If you are charged with a crime, it means the police believe you’re guilty of committing the crime you were arrested for.

See ‘What happens if you're charged with a crime’ to find out what happens next.

• What happens if you're charged with a crime

How to make a complaint

People who work in the police service should behave professionally at all times. If you feel that someone working for the police has not met these standards, you can make a complaint.

You can complain to either the Independent Police Complaints Commission or your local MP.

• Find your local MP (Member of Parliament)

• How to make a complaint - Independent Police Complaints Commission Opens new window

More about your rights if you're arrested

Find out about your rights if you're arrested and kept at a police station by looking at the Police and Criminal Evidence (PACE) Act 1984.

‘Code of Practice C’ explains your rights while you’re held and questioned.

• PACE codes on the Home Office Police website Opens new window

• Notice of rights and entitlements on Home Office Police website Opens new window