What Happens After You’re Arrested? A Step-by-Step Guide to the Criminal Justice Process

After an arrest in the UK, you will typically be taken to a police station, booked in by the custody sergeant, and either interviewed under caution, released under investigation, bailed, or charged, all within strict time limits set by the Police and Criminal Evidence Act 1984 (PACE). What happens next depends on the seriousness of the offence, the evidence available, and decisions made by the police and the Crown Prosecution Service (CPS).

Being arrested is frightening, and the process can feel confusing even to people who have done nothing wrong. This guide sets out, stage by stage, what actually happens after an arrest in England and Wales, what your rights are at each point, and what to do to protect yourself.

What Are the Police Allowed to Do When They Arrest You?

An arrest can only lawfully take place if a police officer has reasonable grounds to suspect you have committed, are committing, or are about to commit an offence, and reasonable grounds to believe the arrest is necessary (for example, to prevent harm, secure evidence, or allow a prompt investigation). This is set out in PACE 1984, section 24.

At the point of arrest, the officer must tell you:

• That you are under arrest
• The offence you are suspected of
• Why the arrest is necessary
• The police caution: “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.”

If any of this is missing or the arrest is carried out unlawfully, it can affect the admissibility of evidence later, so it is worth remembering exactly what was said and done.

Being Taken to the Police Station

After arrest, you will usually be taken to a police station and brought before the custody sergeant, who is legally responsible for your welfare and for authorising your detention. They will:

• Confirm your details and the reason for your arrest
• Explain your rights, including the right to free and independent legal advice, the right to have someone told of your arrest, and the right to consult the Codes of Practice
• Assess whether you need medical attention, an appropriate adult, or an interpreter
• Decide whether detention is necessary and authorise a custody record

You do not have to pay for a solicitor at the police station. Free legal advice is available to everyone, regardless of income, either from the duty solicitor or a solicitor of your choice if you name one. It is almost always advisable to take legal advice before answering any questions, even if you feel you have nothing to hide.

How Long Can the Police Hold You?

Under PACE, the police can generally detain you without charge for up to 24 hours. This can be extended:

• Up to 36 hours by a police superintendent, for indictable offences
• Up to 96 hours with the authorisation of a magistrates’ court

For terrorism-related arrests, different and longer time limits apply under separate legislation. Throughout this period, your detention must be reviewed at regular intervals to check it remains necessary.

The Police Interview

If the police wish to question you about the offence, this will normally happen in a recorded interview under caution, with your solicitor present if you have asked for one. You will usually have a private consultation with your solicitor beforehand to discuss the allegation and the evidence disclosed by the police (known as pre-interview disclosure).

During the interview, you generally have three options for any question:

1. Answer fully
2. Answer “no comment”
3. Provide a prepared written statement and then decline to answer further questions

Which approach is right depends heavily on the strength of the evidence against you, so this is a decision to make with your solicitor rather than on the spot. As the caution makes clear, staying silent at this stage can, in some circumstances, be commented on later if you raise a defence in court that you could reasonably have mentioned in interview.

What Happens After the Interview?

Once the interview and any further investigation are complete, the custody sergeant, or in more serious or complex cases, the CPS, will decide what happens to you. The main outcomes are:

Released with no further action (NFA) 

There is insufficient evidence or it is not in the public interest to pursue the matter. The case ends there, although the arrest may still show up on some background checks.

Released under investigation (RUI) 

You are free to go while the police continue their enquiries, with no fixed timescale for a decision, unlike bail. This has become more common since changes to police bail rules in 2017, though it has been criticised for leaving people in uncertainty for long periods.

Released on police bail 

You are released with conditions (such as not contacting a witness or reporting to a police station) and a date to return, while the investigation continues. Bail can only be authorised by an officer of at least the rank of inspector and has a statutory time limit, extendable in defined circumstances.

Charged 

If the police, or the CPS where their authority is required, decide there is sufficient evidence and it is in the public interest to prosecute, you will be charged. The CPS applies its Full Code Test: whether there is a realistic prospect of conviction, and whether prosecution is in the public interest.

What Happens If You’re Charged?

Once charged, you will either be:

• Released on bail to attend court on a specified date, or
• Held in custody to appear at the next available court, normally within 24 hours (or the next court sitting day)

Almost all criminal cases start in the Magistrates’ Court, regardless of how serious the offence is. Less serious, summary offences are dealt with entirely there. More serious, indictable offences (such as the most serious assault charges) are sent to the Crown Court, and “either way” offences can go to either, depending on the circumstances and, in some cases, the defendant’s choice.

At the first hearing, you will be asked to enter a plea. If you plead not guilty, the case will be adjourned for a trial date, and directions will be given about evidence and disclosure. Legal aid may be available depending on your means and the type of offence, and your solicitor will advise on eligibility.

What Should You Do If You’re Arrested?

• Stay calm and avoid arguing with or resisting officers, even if you believe the arrest is wrong
• Ask for a solicitor as soon as you arrive at the police station, and insist on speaking to them privately before any interview
• Do not answer questions in the police car or informally with officers before you have had legal advice
• Note down times, what you were told, and by whom, as soon as you are able to
• If you are unwell, need medication, or need an appropriate adult or interpreter, tell the custody sergeant clearly

Getting Advice After an Arrest or Charge

If you are under investigation, have been charged, or are facing an ongoing criminal case, early specialist advice matters. Decisions made at the police station, including how an interview is handled, can shape the entire case that follows. Satchell Moran Solicitors’ criminal defence team represents clients from the police station stage through to trial, including police station representation and cases involving assault offences. The firm holds dual Lexcel accreditation, reflecting recognised standards in legal practice management and client care, and has over 30 specialist solicitors across its practice areas.

If you or someone you know has been arrested or is due to be interviewed, getting advice before that interview takes place, rather than after, gives you the best chance of protecting your position.