What Happens
When Arrested?
How Police Powers, Custody Procedures and Charging Decisions Work in Practice (2026 Guide)
Quick Answer
Summary of the Arrest Process
When you are arrested in the UK, a police officer must have reasonable grounds to suspect you are involved in an offence and must consider arrest necessary under PACE 1984. After arrest, you are taken to a custody suite, searched, informed of your rights, interviewed under caution, and either released, bailed, or charged depending on the evidence.
Primary Legislation
The Basis for Arrest
1. The Legal Authority
Arrest powers in England and Wales are primarily governed by:
- Police and Criminal Evidence Act 1984 (PACE)
- Section 24 PACE
- Common law powers (limited circumstances)
Arrest Without Warrant
An officer may arrest without a warrant if:
1. They reasonably suspect you are committing, have committed,
or are about to commit an offence.
2. They believe arrest is necessary.
2. What Is the “Necessity Test”?
Under PACE Code G, arrest must be necessary for specific reasons:
If arrest is not necessary, voluntary attendance may be used instead.
Procedural Requirements
3. The Arrest Moment
When arrested, you must be told:
- That you are under arrest
- The grounds for arrest
- The reason for necessity
The Caution:
“You do not have to say anything…”Authority Limits
4. Use of Force
Police may use reasonable force under Section 3 Criminal Law Act 1967 and common law self-defence principles.
Excessive force can lead to misconduct or criminal investigation.
5. The Transport
After arrest, you are transported to a custody suite. Officers must ensure your welfare, prevent self-harm, and log time of arrival. Custody time limits begin upon arrival.
6. Custody Arrival
Presented to an independent Custody Officer who reviews the legality of arrest and determines whether detention is authorised.
7. The Custody Record
A formal log of your detention, grounds, risk assessment, and rights. This document becomes critical evidence.
8. Your Rights
9. Searches in Custody
Police may conduct a full search, remove personal property, and take fingerprints or DNA samples under statutory rules.
10. How Long Can They Hold You?
Terrorism cases follow separate, longer time limits.
11. Interviews Under Caution
Conducted with a solicitor present, recorded, and under formal caution. You may answer questions, provide a prepared statement, or remain silent. Adverse inference rules apply.
12. Post-Interview Review
Police review all evidence, statements, and forensic results to determine if there is sufficient evidence to charge. The PACE clock remains active throughout.
13. The CPS Charging Test
1. The Evidential Test
Is there a realistic prospect of conviction based on objective evidence?
2. The Public Interest Test
Is it in the public interest to prosecute the suspect?
If both tests are satisfied, a charge is authorised.
14. Possible Outcomes
15. What Is Police Bail?
Includes formal conditions (not contacting victims, area exclusion) and a set return date. Breaching bail is a criminal offence.
16. What Is RUI?
Released Under Investigation means no conditions and no return date, but the investigation remains active until NFA or a postal requisition (charge) is issued.
17. Being Charged
You receive a formal charge sheet. You may be remanded in custody or bailed to a specific court date. Process becomes judicial.
18. Arrest vs Guilt
Many arrests result in NFA due to insufficient evidence or public interest. Arrest is an investigative tool, not proof of guilt.
19. Wrongful Arrest
If arrest lacked a lawful basis, civil claims for damages may be pursued. Suspicion thresholds are historically low.
20. What if You Are a Police Officer?
Parallel processes apply: Criminal investigation and Professional Standards/IOPC investigation. Suspension risk is immediate.
Arrest FAQ
How long can police keep you in custody?
Up to 24 hours initially, extendable to 36 or 96 hours for serious offences.
Do police need a warrant to arrest?
Usually no. Section 24 PACE allows arrest without warrant if suspicion and necessity exist.
Can police search my phone after arrest?
Yes, if relevant to investigation and authorised under statutory powers.
What happens if I say nothing in interview?
You have the right to silence, but courts may draw adverse inferences in certain circumstances.
Can I get compensation for wrongful arrest?
If arrest was unlawful, civil claims may be possible.
Institutional Interlinking
Our repository applies regulation-led scrutiny to both officer frameworks and public policing powers.