Getting Arrested:

After you’ve been arrested and arrive at the police station, you’ll be taken to the custody sergeant who will discuss why you were arrested with the arresting police officers.

The following is likely to happen:

• You will be told your rights (see below)

• You may be searched by a member of your own sex: if they suspect you are concealing evidence the police can even strip search you; if you under 18, the police must ensure an Appropriate Adult is present in such circumstances

• The custody sergeant will try to ascertain if you are sober: if it appears you are under the influence of drugs or alcohol, your questioning will likely be delayed

• Your possessions will be taken from you and held until your release; they may also be kept once you are released if they form part of the evidence against you

• If you have been arrested for a recordable offence, the police will then take the following:

  • A picture of you

  • A mouth swab

  • Fingerprints

  • Footprints if relevant

After this stage has happened, you will either receive medical treatment or be taken to a cell before a police interview.

Can you refuse to have your photograph and fingerprints taken?

Anyone over 16 cannot legally refuse to have their photograph or fingerprints taken if they are arrested for a recordable offence, but if you are under this age, the following rules apply:

• If you are aged 15 or 16 both you and your parent or guardian have to agree to them being taken.

• If you are 14 years old or younger, a parent or guardian must agree before they take them

Can the police take mouth swabs and other DNA samples with or without your consent?

If you have been arrested for a recordable offence, the police will take samples from you to identify your DNA. They will also use this information to see if your DNA information is already stored on the police’s database. These samples are obtained “non-invasively”, such as through a mouth swab or samples of your hair or nails. The police can hold your DNA information, even if charges are dropped or you are acquitted at trial, although there are limits to how long they can retain it.

The police can even take your DNA samples if you voluntarily attend a police interview but haven’t been arrested.

Other forms of more invasive specimen collections include blood and urine samples. The police cannot take samples like these without the arrested person's written consent.

If relevant, the police may also ask you to take a breathalyser test, but you can refuse this, although doing so will not be looked on favourably by the court if your case proceeds to trial.

You can also provide DNA voluntarily to rule yourself out of a crime, and the police should not retain this if you are not arrested or charged.

For non-convictions, the police can hold your DNA details for 2-3 years; following a conviction, the police can retain your DNA information indefinitely. The police can even retain your DNA information for up to two years if you receive a fixed penalty notice.

The government sets out more detail here: https://www.gov.uk/government/publications/protection-of-freedoms-act-2012-dna-and-fingerprint-provisions/protection-of-freedoms-act-2012-how-dna-and-fingerprint-evidence-is-protected-in-law

DNA samples must be destroyed after six months, unless they are to be used as evidence in court.

If you are under 16, the police can take your DNA if charges have been filed, even without parental consent, but you must be charged – not just arrested – for them to do so.

Your rights

Once you have been cautioned, you should be told of your rights which include the right to:

• Ask for a solicitor or legal counsel providing free representation

• Call someone to tell them of your arrest

• Remain silent and not answer questions

• Request medical help if you have been injured, are unwell, or are suffering from a mental health condition

• Ask for the support of an appropriate adult to help you at the police station and in interviews if you are vulnerable or under 18; the police should always try to contact the guardians / parents of children under 18

• Get an interpreter if English is not your first language

• See what you can request while detained – ie food requests, toilet breaks

The police may delay your ability to inform others of your arrest if they think it could alert other offenders and impinge on any investigation. The maximum delay is 36 hours, except for a suspected terrorist offence, in which case they can increase this time.

Solicitor representation

You have the right to be represented by a solicitor, even if you do not have the funds to pay for one. Under UK law, everyone is entitled to free representation by qualified criminal law advisors.

We would advise paying for the best legal counsel you can afford at this time - having the right advice at the police station can make all the difference between being charged and avoiding prosecution or winning your case. 

Criminal prosecutions can be long and drawn out, take a real toll on the accused, and cost a fortune in lost income if things go badly. It is worth someone you trust finding the highest rated solicitors you can afford, particularly at this crucial stage.

BSQ’s lawyers are recognised as some of the leading criminal solicitors in the UK, and we are well versed in advising clients facing serious criminal allegations, making pre-charge interventions that often lead to all charges being dropped.

Our criminal law solicitors take the same tough, uncompromising, pro-active approach to every case we are instructed in. Immediately on taking conduct of your case, our lawyers will put themselves on record with the police and insist that any further contact from the authorities takes place through us.

Preparing you thoroughly for a police station interview, we will advise you of your rights, the strengths and weaknesses of the evidence and the best tactical and strategic approach to adopt and accompany you during any questioning.

Reviews when in custody

The police must check a detained person’s well-being while they are in a police cell at regular times, as well as offer food and drink. A review should happen every six to nine hours.

Part three: The police interview

Please note: this is a general guide to the powers of the police if you are arrested. It does not constitute legal advice. If you require legal advice on your case, please contact a qualified solicitor.

Getting Arrested Guide
Overview
What happens at the police station
The police interview
Released or charged?