Topic explainer

Being Arrested: Your Legal Rights

The right to remain silent, the right to a lawyer and the protections under PACE.

If you are arrested in England or Wales the police must tell you why you are being arrested and caution you that "you do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely on in court". You have the right to free legal advice from a solicitor at the police station, the right to have someone informed of your arrest, and the right to read the codes of practice that govern police behaviour.

Further reading: an editorial guide on this topic opens in a new window for additional context.

Police can usually hold you for up to 24 hours before charging you with an offence (longer for serious cases or terrorism). The whole process is governed by the Police and Criminal Evidence Act 1984 (PACE). Mistreatment of detainees is a criminal offence and can result in evidence being excluded at trial.

You may be asked what rights an arrested person has, or what PACE stands for.

Test yourself on this topic

These questions from the official-format question bank cover the same material. Tap any question to see the correct answer and a short explanation.

Keep going

Related topic explainers