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What happens if I am arrested?

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Whether you are arrested for a driving offence, shoplifting or murder the process of making an arrest and detention is the same.

If you have never been in trouble with the Police before, you are unlikely to know exactly what happens if you are arrested.

When you are arrested by a Police Officer, you will be cautioned and told of the offence you have been arrested for, before you are transported to a local custody suite, unless it is impracticable to do so by reason of their condition or behaviour at the time. The 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”.

When you arrive at the custody suite, the Custody Sergeant will authorise your detention, you will be given certain rights and entitlements as follows:

  • Access to free and independent legal advice
  • The opportunity to inform someone of your arrest
  • To access medical help if you're feeling unwell
  • A written notice of your rights

You will then be held in a cell until the Police are in a position to interview you for the suspected offence or make a decision in relation to disposal.

During your time in police custody, officers have the right to take photographs of you. They can also take fingerprints and a DNA sample from a mouth swab or head hair root, as well as a swab of the surface of your skin. Your permission is not needed to do this.

When being interviewed by the Police, you are entitled to free and independent legal advice, here at Emery Johnson Astills we offer legal advice 24 hours a day. If you find yourself arrested or interviewed by the Police it is important to have a solicitor present. Emery Johnson Astills have offices based in Leicester and Loughborough and can attend the Police Station day or night. Emery Johnson Astills are also able to offer advice over the telephone advice once your detention has been authorised, your right to free and independent legal advice is ongoing throughout your time in police custody.