Criminal defence solicitors might not be something you expect to need—but if you or a loved one is arrested, knowing what happens next can make a world of difference.
The process can feel overwhelming and intimidating, especially if it’s your first experience with the criminal justice system. That’s why it’s vital to understand your rights and what to expect at each stage.
In this guide, we break down the key steps that follow an arrest in England, and why working with experienced solicitors specialising in criminal defence in Eastbourne and Hastings can make a big difference.
1. The Arrest
Being arrested typically begins with a police officer detaining you on suspicion of involvement in a crime. They must identify themselves, inform you that you’re under arrest, and explain the reason for it. It’s also their duty to inform you of your rights, including your right to remain silent and your right to free legal advice.
There are several circumstances under which an arrest can be deemed necessary. The police might need to prevent further offences from occurring, protect other individuals or property, ensure that evidence isn’t lost or tampered with, or guarantee your attendance at court.
According to Citizens Advice, knowing your rights at this point is essential. If the arrest isn’t carried out properly, it could affect the outcome of your case later down the line.
2. Arrival at the Police Station
After an arrest, you will be taken to a police station where your details are recorded. You’ll likely be searched, and personal belongings such as your phone and keys may be held temporarily. The custody officer is responsible for your welfare and ensuring all procedures are correctly followed.
You’ll again be told your rights, which include the right to legal advice, the right to have someone informed of your arrest, and the right to read the Codes of Practice outlining your treatment in custody. You’ll also be asked to confirm your name, address, and date of birth.
At this stage, it’s strongly advised to request legal assistance. A duty solicitor can be made available to you free of charge at any time. Legal representation helps ensure your rights are upheld from the outset.
3. The Police Interview
Once in custody, you may be interviewed by police officers investigating the alleged offence. Before the interview begins, officers must remind you of your right to remain silent. Anything you say may later be used as evidence in court, so it’s important to think carefully and consult with a solicitor before responding to any questions.
Having a solicitor present during the interview can make a significant difference. They’ll advise you on whether to answer questions, make a prepared statement, or remain silent. They’re also there to ensure the interview process is fair and to challenge any inappropriate conduct by the police.
According to the Law Society, it’s never a good idea to attend a police interview without legal representation. A solicitor will protect your rights and negotiate early release or a less severe outcome.
4. Time Limits on Detention
In most cases, the maximum time someone can be held without being charged is 24 hours. However, for more serious offences, the police may extend this to 36 hours. If a magistrate grants further permission, detention can be extended up to 96 hours.
If you are suspected of terrorism-related offences, the rules differ significantly, and the maximum detention period can be much longer.
Throughout your detention, you are entitled to rest breaks, food and drink, and use of bathroom facilities. You should be treated with respect, and any mistreatment must be reported immediately. If at any point you believe your detention is unlawful or your treatment is improper, your solicitor can take immediate action.
5. What Happens After Detention
Once the investigation has progressed sufficiently, one of several outcomes is possible. You may be released with no further action if the evidence doesn’t support the allegations. Alternatively, you might be released under investigation (RUI), meaning the case continues but you don’t need to stay in custody. In some cases, you may be released on bail with conditions to return to the station at a later date.
If you are formally charged, the police will explain the nature of the charge and provide you with a court date. You’ll be informed whether you’ll be appearing in a magistrates’ court or a Crown Court, depending on the severity of the offence. Your solicitor will support you through this transition, preparing your case and representing you throughout court proceedings.
6. The Court Process
After being charged, your case enters the judicial system. Summary offences such as minor assaults or traffic violations are typically handled in magistrates’ court. More serious offences—known as indictable offences—like robbery or grievous bodily harm will proceed to Crown Court. Some crimes fall into a category called “either-way offences,” which can be tried in either court based on the circumstances and evidence available.
At the first hearing, you’ll usually be asked to enter a plea. If you plead not guilty, your solicitor will help you build a defence strategy and collect evidence. Bail applications, case reviews, and procedural steps will follow in the lead-up to your trial.
Legal advice remains crucial during this stage, not only to guide your decisions but also to ensure procedural rules are followed by the court and prosecution.
7. Arrests Involving Young People
When someone under 18 is arrested, there are additional protections in place. Parents or guardians must be informed as soon as possible, and an “appropriate adult” must be present during any police interviews. This could be a parent, guardian, or an appointed representative.
The law recognises that young people are particularly vulnerable and that their experiences during arrest and detention can have long-lasting effects. The emphasis for minors is typically on rehabilitation rather than punishment, though outcomes depend on the nature of the offence.
More detailed information is available via the Youth Justice Board, which offers guidance for families and professionals alike.
8. The Role of a Criminal Defence Solicitor
Throughout the arrest and subsequent proceedings, a criminal defence solicitor plays an essential role. They act as your advocate, advisor, and protector. From your very first interaction with the police to the conclusion of your case, they work to ensure your rights are upheld and your voice is heard.
Solicitors can also spot irregularities in the police’s handling of the case, advise on whether to accept a police caution, and, if necessary, represent you in court. Their involvement often leads to better outcomes, whether through negotiation, legal challenges, or simply ensuring the process is fair.
Early legal support is often the most effective. Delaying can limit your options and increase the chance of procedural errors going unchallenged.
Know Your Rights, Protect Your Future
Being arrested is a frightening experience, but you are not alone. Knowing what to expect and understanding your rights gives you power and confidence at a time when you may feel vulnerable.
Whether the allegations are minor or serious, your first step should always be to request legal representation.
This article is intended for general information only and does not constitute legal advice. Always consult a qualified solicitor if you or someone you know has been arrested.
