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.