Arrested, under investigation or asked to attend a police station? Call our 24-hour police station line on 07494 299377.
A police officer may stop you in the street, ask questions at your door, or tell you that you are under arrest. These moments can be unsettling, particularly if you are worried about what may happen next. Knowing how to respond to police can help you stay calm, protect your rights and avoid saying or doing something that harms your position.
If you are arrested, invited to a voluntary interview or asked to attend a police station, ask for a criminal defence solicitor straight away. You are entitled to free and independent legal advice at the police station, whatever your income. It is usually sensible to take that advice before answering questions. Cooper Hall Solicitors provides police station representation through its criminal solicitors in Bradford and Blackburn.
Stay calm, polite and clear
Do not argue, struggle, run away or try to physically prevent an officer from doing something. Even when you believe the police are wrong, staying calm gives you a better chance of dealing with the situation safely and challenging it properly later if necessary.
You do not have to volunteer an explanation simply because an officer asks why you are somewhere or what you have been doing. However, there are circumstances in which you may have to provide particular information. If you are driving, for example, police can require details such as your name and address and may require production of driving documents under sections 164 and 165 of the Road Traffic Act 1988.
A useful response is: “Am I free to leave?” If the answer is yes, you may usually leave. If the answer is no, ask whether you are being detained or arrested, and on what grounds. Keep your words measured. Do not try to debate the law on the pavement or in the back of a police vehicle.
Responding during a stop and search
Police officers may stop and search you only where they have a legal power to do so. For many searches, section 1 of the Police and Criminal Evidence Act 1984 (PACE) requires reasonable grounds for suspecting that they will find stolen or prohibited articles. There are separate powers for specific situations, such as section 23 of the Misuse of Drugs Act 1971 for controlled drugs and section 60 of the Criminal Justice and Public Order Act 1994 in authorised areas.
Under section 2 of PACE and PACE Code A, the officer should give their name or warrant number and police station, explain the legal power being used, give the reason for the search and tell you how to obtain a record. Ask calmly for these details if they have not been provided. You can say that you do not consent, but do not physically resist. A search can still take place if the officer has the power.
If you believe a search was unfair, discriminatory or carried out improperly, write down what happened as soon as you can. Note the time, place, officer details, any witnesses and whether body-worn video was used. A complaint or legal challenge depends on the facts, so an accurate note made at the time may matter.
If you are arrested, ask for a solicitor
An officer arresting you should tell you that you are under arrest and the grounds for the arrest (section 28 of PACE). Section 24 of PACE sets out the arrest power and requires the officer to have reasonable grounds to believe the arrest is necessary. You may be handcuffed or searched, depending on the circumstances. Do not resist, even if you think the arrest is unjustified.
At the police station, tell the custody officer that you want legal advice. Section 58 of PACE gives a person held in police custody the right to consult a solicitor privately, subject to limited exceptions. This advice is free at the police station under legal aid. You can ask for the duty solicitor or ask for a named criminal defence solicitor.
You also have rights to information about why you are being held, to have someone told of your arrest (section 56 of PACE) and, where needed, to medical assistance. Some rights can lawfully be delayed in serious cases, but the police must follow the correct process. Tell the custody officer about medication, injuries, mental health needs, communication needs, learning difficulties or anything else that may affect your ability to understand what is happening.
Do not rush into a police interview
Before an interview, the police should caution you. The caution warns that you do not have to say anything, but that it may harm your defence if you do not mention when questioned something you later rely on in court. Under section 34 of the Criminal Justice and Public Order Act 1994, a court may in some cases draw inferences from that silence. That does not mean the safest response is always to answer every question, or always to say “no comment”. The right approach depends on the allegation, the evidence disclosed and your account. Our guide to police interview rights explains more.
PACE Code C sets standards for the detention, treatment and questioning of people at police stations. Your solicitor can speak with you in private, consider the information provided by police and advise you on whether to answer questions, provide a written statement or make no comment. Do not let a wish to get home quickly persuade you to make guesses, fill gaps in your memory or agree with an officer simply to end the interview.
Be truthful with your solicitor. Legal advice can only be properly tailored when your solicitor has the full picture, including facts that you find embarrassing or unhelpful.
Voluntary interviews still need careful handling
A voluntary interview is not an informal chat. You are not under arrest, and you are usually free to leave, but what you say is recorded and can be used as evidence. You remain entitled to free legal advice for an interview under caution at a police station.
Do not assume that agreeing to an interview without advice makes you appear more cooperative. Asking for a solicitor is a normal exercise of your rights, not an admission of guilt. If police ask you to attend at a later date, get advice before confirming what you will say or supplying documents or messages.
Mobile phones, passwords and evidence
Police may seize a mobile phone or other property where they have a lawful power to do so, for example under section 19 of PACE. Do not delete messages, wipe devices, ask somebody else to remove material or attempt to interfere with potential evidence. That can create additional difficulties and may itself be investigated.
If you are asked to provide a passcode, fingerprint or information from your device, ask to speak with your solicitor before responding. A formal notice under section 49 of the Regulation of Investigatory Powers Act 2000 can make it an offence to refuse to disclose a key or password, so the legal position depends on the power being relied upon, the wording of any notice and the facts of the investigation. Do not guess, lie or sign paperwork you do not understand.
If you have evidence that helps you, such as CCTV, location records, photographs, medical information or witness details, tell your solicitor promptly. Evidence can be lost or overwritten, especially where CCTV is involved.
What to do after release
Being released does not always mean the matter is over. You may be released under investigation, bailed with conditions or charged to attend court. Read all paperwork before leaving the station. Check the date, time and place of any required attendance, and understand any bail conditions. Breaching bail conditions can have serious consequences.
Write a private account of events while they are fresh in your mind. Include what officers said, who was present, what was taken and whether you were injured or unwell. Keep any paperwork, property receipts and custody records. Avoid discussing the allegation on social media or with people who may later become witnesses.
The legal sources
The main rules discussed here come from the Police and Criminal Evidence Act 1984, particularly sections 1 and 2 on stop and search, sections 24 and 28 on arrest, section 56 on having someone informed and section 58 on legal advice in custody. PACE Code A covers stop and search powers, while PACE Code C governs detention, treatment and questioning at police stations. Section 34 of the Criminal Justice and Public Order Act 1994 deals with inferences from silence, and sections 164 and 165 of the Road Traffic Act 1988 set out powers to require driver and vehicle documents.
Frequently asked questions
Can I refuse to answer police questions?
You can usually choose not to answer questions, but the consequences vary. A formal police interview carries a caution, and a court can sometimes draw inferences if you later rely on facts you could reasonably have mentioned when questioned. Ask for legal advice before deciding how to respond.
Can police search me without arresting me?
Yes, if they have an appropriate legal power. In many cases they need reasonable grounds for suspicion, although different rules apply under certain specialist powers. Ask for the officer’s details, the power used and the reason for the search.
Do I have to go to a voluntary police interview?
Do not ignore an invitation, but do not attend without getting advice. The police may decide to take further steps, including arrest, if you refuse to engage. A solicitor can advise on the request and arrange attendance where appropriate.
Is police station legal advice really free?
Yes. Legal advice at a police station, from the duty solicitor or a solicitor of your choice acting under legal aid, is free to the person being interviewed or detained, whatever their income.
What if I think the police used excessive force?
Get medical attention if needed, keep photographs and relevant clothing, and make a note of events. Legal advice can help you consider the evidence and the right route for raising concerns.
The first priority is to protect your position, not to win an argument in the moment. Ask for legal advice early and keep your account factual.
Arrested, under investigation or at the police station? Call 07494 299377, 24 hours.
