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When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
Post‑Arrest Procedures
Explore what happens after arrest, including interviews, charges, and court appearances.
1. Arrival at the Police Station & Custody
Once you’re arrested, you’ll be taken to a police station. There, a custody officer assesses whether there’s enough evidence to charge you or whether you should be held any longer. Right from the start, you must be informed of your rights—including the right to inform someone you’re being held and to consult a solicitor—and these must be recorded in your custody documents.
2. Interview & Right to Legal Advice
Interviews are governed by PACE Code C, which protects your right to legal advice before questioning. You must be cautioned, and your solicitor (or duty solicitor) should be present. If you’re a child or vulnerable, an appropriate adult must also be involved.
3. Length of Detention
From the moment you’re arrested or arrive at the station—whichever is earlier—the clock starts ticking on how long police can lawfully detain you without charging. The basic limit is 24 hours, but extensions are possible up to 36 or 96 hours, depending on the severity of the offence and authorisation level.
4. Decision: Charge, No Further Action & Other Outcomes
After interviews and investigation, one of several things can happen:
- No Further Action (NFA): If there’s insufficient evidence, the police may release you without charge and take no further action.
- Charge: You may be formally charged, in which case you’ll be classified as a defendant.
- Alternative Outcomes: Sometimes, you might be offered a caution, fixed penalty, or diversion, depending on the offence and circumstances.
5. After Charging: Court Appearance
If you’re charged, the police will let you know whether you’ll be released with bail or held in custody until you’re brought before a court.
Your first court hearing will always be at Magistrates’ Court, even if the case is later transferred to Crown Court for serious matters.
6. Magistrates’ Court: What Happens Next
At the first appearance in Magistrates’ Court, the court will:
- Confirm your identity and the charges;
- Ask if you plead guilty or not guilty;
- Decide whether you should be released on bail, remanded in custody, or proceed under conditional release.
If the case is serious enough, it may stay in or transfer to Crown Court. For less serious matters, the court may deal with or conclude the case itself.
Understand the differences between bail, police bail, and Release Under Investigation (RUI).
Police Bail (Pre‑Charge Bail)
Also known as pre-charge bail, this is used when the police have arrested someone but aren’t ready to charge them yet. Instead of keeping you in custody, they release you with requirements, such as returning to the station or sticking to certain conditions.
Under PACE and updated by the Police, Crime, Sentencing and Courts Act 2022, these bail periods can now last up to nine months—initially up to three months, then extendable twice by three months each. If more time is needed after nine months, the police must go to court for approval.
Conditions might include:
- Reporting regularly to a police station
- Staying away from certain individuals or locations
- Not interfering with evidence or witnesses.
If you fail to comply with the conditions, it’s not automatically a criminal offence—but you can be re-arrested and potentially denied bail in future.
Release Under Investigation (RUI)
Released Under Investigation, or RUI, means you’re allowed to go home without any conditions and without a set date to return. The police may still be investigating, but there’s no formal timeline.
This became more common after 2017 reforms that limited the use of bail, although those changes caused frustration because:
- There’s no time limit or oversight on how long it lasts.
- There are no conditions, so nothing stops you from contacting people involved—though you should seek advice before doing so.
- It leaves both the suspect and the alleged victim in limbo, sometimes for months or even longer.
The Police Crime Sentencing and Courts Act 2022 aimed to correct this by encouraging more use of bail (when necessary and proportionate), to provide more oversight and structure.
Post-Charge Bail (Court Bail)
Once you’ve been formally charged, you can be released on bail by the court. This might be for your first hearing or while awaiting trial. Conditions can still apply, and you must appear in court on the set date.
Summary Table
| Situation | What It Means | Timeframe & Conditions |
|---|---|---|
| Police Bail (Pre-Charge) | Released from custody but with conditions | Up to 9 months, conditions applied |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Post-Charge Court Bail | Released after charge while awaiting court | Set by court, conditions may apply |
Final Thoughts
- Police Bail gives structure and oversight, particularly useful when conditions are necessary.
- RUI avoids restrictions—but can leave you stuck without answers or guidance.
- Court Bail ensures you avoid unnecessary custody while waiting for your hearing.
If you’re unsure what your status means, or what to do next, getting legal advice early is always a wise move.
Addressing False Allegations Being accused of something you didn’t do can turn your world upside down. Even if you’re later cleared, the stress, uncertainty, and damage to your reputation can linger long after the legal process ends. It’s an incredibly isolating experience — but you are not alone, and there are practical steps you can take to protect yourself, rebuild trust, and move forward. Understanding the Process When a false allegation is made, the police have a legal duty to investigate. That can mean arrest, interview, and potentially even charges, even when the evidence seems weak. It can be frightening and frustrating, especially if you know you’ve done nothing wrong. Throughout this stage, it’s crucial to: Get proper legal advice early — ideally from a solicitor experienced in these kinds of cases Keep a clear, accurate timeline of events, messages, and evidence Avoid direct contact with the complainant, as this can complicate matters False allegations cases can drag on for months, sometimes years, and the uncertainty is often the hardest part. Knowing your rights and working closely with your legal team can help you navigate the process more confidently. What Happens if You’re NFA’d or Acquitted An NFA (No Further Action) decision or an acquittal at trial should bring closure, but many find that life doesn’t simply return to “normal.” People may still have doubts. Rumours may linger. Employers, schools, or community groups may still need reassurance. This can be painful, but there are steps you can take: Ask the police for written confirmation of the NFA or acquittal — this can help with employment or housing issues Consider requesting your custody records or full case file to keep for future reference Focus on rebuilding your personal and professional reputation gradually, starting with people you trust Reporting a False Allegation It’s natural to want justice if you’ve been wrongly accused, but it’s important to understand that prosecutions for making false allegations are rare. The CPS is cautious about pursuing these cases because of concerns about discouraging genuine victims from coming forward. To succeed, there usually needs to be clear evidence that the allegation was knowingly false — not just mistaken, exaggerated, or unsupported. If you want to explore this route, speak to your solicitor first. They can advise on the chances of success and whether a formal complaint to the police or the Independent Office for Police Conduct (IOPC) might be appropriate. Rebuilding Trust and Moving Forward Whether or not the system gives you the outcome you hoped for, the work of rebuilding often falls on you and those closest to you. That might mean repairing relationships, focusing on your mental health, and connecting with people who understand what you’ve been through. Trusted friends, family, and peer-support spaces — like those linked through the CJS Hub — can be invaluable here. Rebuilding takes time, but it is possible. False allegations can feel devastating, but they don’t have to define the rest of your life. By understanding the process, seeking the right support, and taking steps to restore your confidence and reputation, you can start moving forward again. If you need help navigating your next steps, the CJS Hub is here with resources, guides, and connections to specialist services.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.