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27 Aug 2021

It is unlikely to be a great time in your life; you have just been arrested and are being detained awaiting a police interview.

And while it is commonplace to panic or become upset, remember, you have rights. And in this brief article, our team will break down some of the fundamental legal rights that you have under UK law following arrest.

Because at ABV Solicitors, we know all there is to know about legal rights in the UK and should you have been arrested for a criminal act, our criminal solicitor can help. We can visit you at the police station, day or night, 365 days a year and will work hard to get you released (if possible). We will explain your rights to you at length and will liaise with the police to have any sentences reduced if we can, while also offering to represent you in court if needed.

But what are your rights once you have been arrested? Our criminal solicitor provides the following list for you to browse through.

Rights while in custody

Following your arrest, there are several things you are legally entitled to while you are being detained.

The first is the right to free legal advice, which is where our criminal solicitor can help. You are also legally allowed to inform someone of where you are (or have a police officer do this), have access to medical help if you are ill, while also having an interpreter if English is not your first language.

You also should be given a notice from the police detailing these rights and others; if you need an interpreter for this, this should be granted too so that you can understand what is happening.

Vulnerable adults

If you are a vulnerable adult (learning disabilities, mental illness or other disabilities) then the police must contact your parent or guardian to inform them of where you are.

They also have to find an appropriate adult to attend the police station while you are being questioned, which may be a social worker or a care worker.

Rights when being questioned

Many people are aware of their rights when being questioned; you don’t have to answer the questions that are put to you by the police.

And of course, if you are being interviewed, it is always wise to have legal representation there to assist you, which is why you should contact our team at ABV Solicitors as soon as you are arrested to help in this matter.

Rights concerning detainment

In the UK, the police have the right to detain you for 24 hours before either charging you or releasing you. If you are suspected of a more serious crime (like murder) this can be extended to either 36 or 96 hours.

If you have been accused of terrorism, initial detainment is extendable to 14 days.

Fingerprints, photographs and samples

The police have the right to take photos, fingerprints, oral swabs and hair samples.

For blood, urine or dental moulds, they require permission from a senior officer.