Police Custody in England and Wales: What Happens After Arre...

Introduction

Being arrested can be unsettling, but knowing the process helps you make informed choices. This guide explains what happens from the point of arrest through to release, including your rights, time limits on detention, how interviews work, and the possible outcomes. It focuses on England and Wales and uses plain language with practical examples.

What You'll Learn

• When an arrest is allowed and the “necessity” test under PACE
• How voluntary interviews compare with arrest and detention
• The custody “booking-in” process, searches and property handling
• Your rights: legal advice, someone informed, welfare and medical care
• How interviews under caution are recorded and what “no comment” means
• Detention time limits, reviews, and what happens overnight
• What can happen after interview: charge, pre-charge bail, release under investigation, or no further action

Core Concepts

Arrest and the necessity test (PACE s24, Code G)

• Police need reasonable grounds to suspect involvement in an offence and must show arrest is necessary.
• Common necessity reasons include:
  • To allow a prompt and effective investigation (e.g., timely interview)
  • To ascertain a suspect’s name or address
  • To prevent loss or destruction of evidence
  • To protect vulnerable people or prevent injury
  • To prevent disappearance before further action
• An interview alone does not automatically justify arrest if a voluntary interview would do.

Tip: If the allegation is historic and there’s no immediate risk to evidence or public safety, ask why arrest (rather than a voluntary appointment) is considered necessary.

Voluntary interview (caution +2) as an alternative

• Police can invite you to a voluntary interview, at a station or another location.
• You are not under arrest, and you can leave unless you are then arrested.
• You receive the same caution, and you can have a solicitor present free of charge.
• If weeks have passed since the alleged offence, the “prompt and effective” reason for arrest is often weaker.

Booking-in, searches and property

• After arrest, you are taken to a custody suite. A Custody Sergeant decides whether detention is lawful and is responsible for your care.
• A custody record is opened. You’ll be asked about your identity and health so risks can be managed.
• You will be searched. This usually means a pat-down over clothing; shoes and socks are often removed briefly.
• Items such as cash, jewellery, and keys are sealed and stored; you’ll get a property receipt.
• For safety, items with cords (e.g., hoodies, joggers) or shoelaces may be removed. Replacement clothing is provided.

Your rights in custody (PACE Code C)

• To have someone informed of your arrest. Police can make this call on your behalf. It’s not always a right to speak directly on the phone.
• To consult the PACE Codes of Practice.
• To free and independent legal advice, either your chosen solicitor or the Duty Solicitor via the Defence Solicitor Call Centre (DSCC). A legal adviser will usually call within about 45 minutes, then attend in person for interview.
• To proper rest, food, drink, toilet facilities, and medical attention if needed.
• To interpreters and appropriate adults where required (e.g., for children or vulnerable adults).

Tip: Ask for a solicitor as early as possible. It doesn’t make you look guilty and helps protect your position.

Cells, CCTV and welfare

• You may wait in a cell for several hours or overnight depending on timing and case progress.
• Cells are monitored by CCTV; there is an intercom to request food, drink, blankets, or to raise welfare concerns.
• Frequent requests for case updates rarely speed things along; staff will update you at review points.

Detention time limits and reviews

• Standard maximum detention without charge is 24 hours.
• For indictable offences, a superintendent can authorise up to 36 hours; magistrates can extend to a total of 96 hours in limited circumstances.
• An inspector not involved in the investigation must review your detention:
  • First review: within 6 hours of detention being authorised
  • Further reviews: at intervals of no more than 9 hours
• Overnight stays are common if arrest occurs late in the day.

Interview under caution (PACE Code E)

• Interviews are audio recorded (and sometimes video recorded). You have the right to have your solicitor with you.
• The police give “disclosure” to your solicitor: a summary of the allegation and key evidence. It may be limited but must not be misleading.
• The standard caution is: “You do not have to say anything. But 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.”
• Your solicitor will help you decide whether to answer questions, provide a prepared statement, or give a “no comment” interview. Remaining silent can lead to adverse inferences later; whether silence is sensible depends on the case and the level of disclosure.

After interview: charge, bail, release or no further action

• Charge: If there is enough evidence and it’s in the public interest, you may be charged and bailed to attend court, or remanded to appear at the next Magistrates’ Court in more serious situations.
• Pre-charge bail (PCB): You may be bailed with conditions while enquiries continue. Since 2022 reforms, initial bail can be authorised for a longer period (commonly up to three months), with extensions in set circumstances.
• Release under investigation (RUI): You may be released without bail or a return date while the investigation continues. Use has reduced since the 2022 reforms but still occurs.
• No further action (NFA): The matter is closed. You should receive confirmation.

Note: Fingerprints, DNA (mouth swab) and a custody photograph are often taken during detention or before release. Police have powers to take these without consent in many cases; where a custody assistant takes them, your consent may be requested for the procedure.

Key Examples or Case Studies

1) Historic allegation and the necessity test

A person is contacted weeks after an alleged shoplifting incident. There’s no immediate risk of evidence being lost. The officer arranges a voluntary interview at the station with the Duty Solicitor present. Arrest is not used because a prompt and effective interview can still take place voluntarily.

Practical point: When there’s no urgency, ask whether a voluntary interview is suitable.

2) Limited disclosure and “no comment”

Police provide only a short summary before interview and refuse to show CCTV they say exists. The solicitor advises a “no comment” interview with a short prepared statement denying the allegation. Months later, when full evidence is disclosed, the client provides a detailed account through their lawyer.

Practical point: A measured “no comment” can be appropriate where disclosure is thin or potentially misleading. Your reason for silence matters.

3) Overnight detention due to timing

An arrest takes place at 8 pm. Booking-in, legal advice, and initial enquiries take time. The custody review is completed at 1 am; interview follows at 9 am. After interview, officers consult a supervisor and the CPS. The suspect is released on pre-charge bail with conditions later that day.

Practical point: Even straightforward matters can span many hours because of process, staff availability, and consultation with decision-makers.

Practical Applications

• Ask for legal advice immediately and speak privately with your solicitor before any interview.
• Keep a mental note of time; review points should occur within the time frames set by Code C.
• Use the intercom for welfare needs (food, drink, blanket, medical issues).
• Do not discuss the case on the intercom or with anyone other than your solicitor.
• If disclosure is limited, discuss with your solicitor whether to answer questions, read a prepared statement, or say “no comment”.
• Request copies of key paperwork on release: charge sheet, bail notice, or confirmation of release under investigation/no further action.
• If on pre-charge bail, read conditions carefully (e.g., non-contact, exclusion zones). Breach can lead to arrest.
• If released under investigation, keep your contact details up to date and retain any reference numbers. Your solicitor can seek updates periodically.
• On property return, check the receipt against items handed in. Items kept as evidence should be listed.

Summary Checklist

• Was arrest necessary under PACE s24 and Code G, or was a voluntary interview possible?
• Booking-in completed, risk assessed, property logged, and custody record opened
• Rights given: someone informed, PACE Codes, free legal advice, welfare and medical care
• Detention clock monitored: first review within 6 hours, then at most every 9 hours
• Interview under caution recorded; disclosure considered with your solicitor
• Decision after interview: charge, pre-charge bail, release under investigation, or NFA
• On release: collect documents (charge/bail/RUI/NFA) and property receipt; note any future dates

Quick Reference

Note: This guide covers England and Wales. Always seek personalised legal advice for your situation.