Rough Guide to Your Basic Rights on Arrest.

If you are arrested keep calm and do not panic.  

Remember that you have the right to be treated fairly and with respect at all times by the police. 

Remember: 

  • Do not discuss the case with the police until you have consulted privately with a solicitor. 

  • If the police are about to arrest you or have already arrested you, there is no such thing as a 'friendly chat' to sort things out. Anything you say can later be used against you. 

  • Do not agree to be interviewed without a solicitor present. 

  • You have the right to give a “NO COMMENT” interview. 

If you have been arrested: 

The police have the right to search – 

  • you

  • your home and/or car (in certain circumstances), or 

  • the place you were at the time of your arrest, or immediately before your arrest 

You have to give the police your name and address. You will also be asked for your date of birth - you don’t have to give it, but it may delay your release as it is used to run a check on the police national computer. 

The police have the right to take your fingerprints, photo and non-intimate body samples (a saliva swab, to record your DNA) without your permission.

The police need your permission to take intimate samples

Some records can be automatically deleted if no charge is brought but that is of course subject to exceptions, and even though there is provision for the automatic deletion of prints and DNA, there will still be a PNC (Police National Computer) record of the arrest, but you can apply to have that and anything else removed, again subject to certain exceptions. 

You can he held in police custody for up to 24 hours before the Police have to charge or release you. This period can be extended in certain circumstances up to a maximum of 96 hours. 

IN THE POLICE STATION 

You always have the right: 

  • to have someone notified of your arrest: 

you can make a phone call yourself, but it is not confidential and the police will determine whether you are able to speak to that individual. Depending upon the nature of the case and the ongoing investigation there could be a block on calls. 

  • to consult with a solicitor of your choice privately 

 

When choosing a Solicitor remember:

  • You do not have to pay for representation by a solicitor at the police station

  • You do not have to use the duty solicitor 

  • You do not have to use the solicitor suggested by the police 

Useful links