What to do if you’re arrested

Being arrested can be a stressful and confusing experience. Knowing what to do if you’re arrested is essential to protect your legal rights and avoid complications during any criminal investigation. Fosters Solicitors offers expert guidance to help you navigate this process, including a bespoke Pre-Decision Engagement service designed to support individuals during police investigations.

Understanding the arrest process

When the police arrest someone, it is usually because they suspect involvement in a criminal offence. Police powers of arrest are governed by the Police and Criminal Evidence Act 1984 (PACE). Once arrested, you may be taken to a police station for questioning and processing.

Your rights upon arrest:

• The right to be informed promptly of the reason for your arrest.
• The right to remain silent, though you may have to answer certain questions.
• The right to legal advice, including speaking to a criminal defence solicitor.
• The right to have someone informed of your arrest.

Being aware of your rights can prevent misunderstandings and help you make informed decisions while in custody.

Immediate actions after arrest

If you are arrested, the following steps are important to protect your interests:

1. Stay calm and do not resist the arrest.
2. Ask the reason for your arrest.
3. Exercise your right to speak to a solicitor before answering questions.
4. Do not make statements without legal advice.
5. Inform a friend or family member about your situation.

Failing to follow these steps could result in inadvertently providing evidence that may be used against you.

Legal representation and advice

Engaging a criminal defence solicitor immediately can significantly impact the outcome of any investigation. Solicitors will provide advice on how to handle questioning, negotiate bail, and protect your rights throughout the process.

For legal representation, our Criminal Law Solicitors can help assess your case and protect your rights.

You can be assured that when you are represented by a member of our defence team that you are receiving the best advice and ultimately making the right decisions at such a crucial stage of any investigation.

We are rated as a Top Tier firm by The Legal 500 and have decades of experience dealing with interviews under caution. Every member of our team has dealt with the most serious of allegations.

Bail considerations after arrest

After an arrest, you may be released on police bail or brought before the court for a bail hearing. Understanding bail conditions and your obligations is critical. Your solicitor can assist in negotiating suitable bail conditions to reduce restrictions while ensuring compliance.

Fosters Solicitors’ Pre-Decision Engagement Service

We offer a bespoke Pre-Decision Engagement service for people under investigation, which complements standard police station advice. This service is especially useful for those on police bail or facing potential charges.

For more information, contact Fosters Solicitors.

What to do if you’re arrested – FAQs

What should I do if I am arrested?

If you are arrested, remain calm, ask for the reason for your arrest, and request to speak with a solicitor before answering any questions. Notify someone you trust about your arrest.

Can I speak to a solicitor after being arrested?

Yes, you have the right to legal advice. Engaging a criminal defence solicitor immediately can help protect your rights and guide you through questioning and bail decisions.

What is Fosters Solicitors’ Pre-Decision Engagement service?

Fosters offers a bespoke service for individuals under investigation, including consultations, tailored advice, and proactive engagement with the police. This service complements standard police station advice and is especially useful for those on police bail or facing potential charges.

Do I have to answer police questions?

You can exercise your right to remain silent until you have legal advice. Anything you say may be used as evidence, so it is crucial to speak to a solicitor before responding.

Can I be released on bail after arrest?

Yes, after arrest you may be released on police bail or presented at a court bail hearing. Your solicitor can advise on bail conditions and assist with applications to vary them.

This article was produced on the 23rd October 2025 for information purposes only and should not be construed or relied upon as specific legal advice.