Police stations

What happens when you are arrested

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This factsheet looks at what happens at the police station when the
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you, or someone you know, has been arrested.
• You can be taken to the police station because the police arrest you for
committing a crime.
• The police can also take you to the police station as a place of safety if
they are worried about your mental health.
• Everyone who has been arrested has three basic rights. You can get
free legal advice, ask the police to let someone know you have been
arrested and look at the police Codes of Practice.
• If you are vulnerable, you should have an appropriate adult with you at
the police station to help you understand what is going on.
• If you have mental health problems, the police should deal with this
sensitively. They should get you an appropriate adult. And ask a
medical professional to see you.

This factsheet covers:

1. Why might I be taken to the police station?

2. What are my rights when I am arrested?
3. Who might be involved?
4. What is the process of being arrested and held at the police
station?
5. How do the police deal with people with mental health problems?
6. What might happen after I have been arrested?
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1. Why might I be taken to the police station?

You might be taken to the police station if police think you have committed
a crime.

You can sometimes be taken to the police station under section 135 or
section 136 of the Mental Health Act.1

This factsheet looks at what happens when the police arrest you and hold
you at the police station because they think you committed a crime.

You can find more information about:

• Section 135
• Section 136

at www.rethink.org. Or call our General Enquiries team on 0121 522 7007

and ask them to send you a copy of our factsheet.

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2. What are a person’s rights when arrested?

If the police arrest you, you have the right to:2

• get free legal advice,

• ask the police to tell someone you have been arrested, and
• look at the Codes of Practice. This is a book about what the police
can do and how they should do things.
If you are vulnerable because of a mental illness, you have the right to
have an appropriate adult.3 An appropriate adult can be a family member
or friend. But there are professionals who work in police stations as
appropriate adults.4

An appropriate adult is there to help you communicate with the police and
understand what is going on.5

You can find more information about ‘Appropriate adult’ at

www.rethink.org. Or call our General Enquiries team on 0121 522 7007
and ask them to send you a copy of our factsheet.

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3. Who might be involved?

If the police think you have committed a crime and keep you at the police
station, you might come across a few different people. Below are some
people you may hear about or meet.

2
Police officers
Police officers have different ranks depending on how much experience
they have. You may come across police constables, sergeants, inspectors
or superintendents at the police station.

Each officer will wear a badge on the shoulder of their uniform that shows
their rank. They all have a unique number, for example, PC 1234 (police
constable), PS 1234 (police sergeant).

It can help to know which police officers have been involved in your case if
you need to contact them in the future. If the officer doesn’t wear a
uniform, you can ask to see their warrant card for their details.

Custody sergeant
The custody sergeant allows someone to be held at the police station.
They will tell you why you have been arrested and why you’re being held
at the station.6 They will:

• tell you your rights,7

• decide if you are vulnerable because of your mental health8, or
• need an appropriate adult.9
The custody sergeant is responsible for all the people in the cells of the
police station.10

A legal adviser
This is someone who is trained to advise you if the police think you have
committed a crime. Some of them can prepare your case if you have to go
to court. They may be a solicitor, or someone authorised by the Legal Aid
Agency to give you advice.11

If the police arrest you because they think you have committed a crime
you have the right to speak to a legal adviser.12

You can use the police station duty solicitor scheme if you can’t arrange
your own legal representative.13

You can speak to a legal adviser in person, in writing or on the

telephone.14 Their advice is free, and they are independent of the police.15

You may want to use your own solicitor. You can do this, but you will
probably have to pay for their advice.

Appropriate adult
A family member, friend or, more often, a volunteer or care worker can be
an appropriate adult.

Most police stations will have professional appropriate adults that work
with people who are arrested there. They are not part of the police.

3
People with mental health problems who have been arrested should have
an appropriate adult present at the police station.16

The police should call an appropriate adult who can look after your
interests.

Health care professional (HCP)

This is someone who is a medical practitioner like a nurse or paramedic.
Most police forces have HCP’s, but some have forensic medical
examiners (FME’s). FME’s are doctors.

The police can ask an HCP to see you if you need medical care. For
example, if you:

• appear to have a physical illness,

• are injured,
• appear to have a mental illness,
• appear to need medical help, or
• are suffering the effects of alcohol or drugs.17

You can ask to see an HCP for a medical examination. You can also
choose to be examined by a medical practitioner that you know. But you
may have to pay for this.18 It can take a long time to organise seeing your
choice of medical practitioner. Especially if you are arrested at night.

The HCP can decide if you’re well enough for the police to interview you or
keep you at the station. They can arrange a Mental Health Act
assessment if they think this is needed.19

If your legal representative is worried about your mental health, they can
ask the HCP about a mental health assessment. You need to give your
legal representative permission to do this.

Social worker or community psychiatric nurse

If you have been in contact with the police before they may know about
your mental illness. If so, they could contact your social worker,
community psychiatric nurse or care co-ordinator.

You can tell the police to contact a mental health professional that
supports you. They can be your appropriate adult if you feel comfortable
with them.

Crown Prosecution Service (CPS)

The CPS is a government department that prosecutes criminal cases. The police
will discuss their investigation with them. They will decide if your case should go
to court. They prepare and present cases in court. They aim to prove you are
guilty.

You can find more information about:

• Appropriate adult
4
 • Legal advice
• Criminal courts and mental health

at www.rethink.org. Or call our General Enquires team on 0121 522 7007

and ask them to send you a copy of our factsheet.

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4. What is the process of being arrested and held at the police

station?

• Arrest
• Arriving at the police station
• Searching and taking samples
• Meeting the legal adviser and appropriate adult
• Interview
• After the interview
• Timings
• Decision to prosecute
• After 24 hours at the police station

Arrest
Someone may have told the police that there has been a crime or think
one is about to happen. The role of the police is to investigate.

When the police arrest you, they will read the caution to you and, usually,
take you to a police station.

The caution is:

“You do not have to say anything. But it may harm your defence if
you do not mention now something which you later rely on in court.
Anything you do say may be given in evidence.”20

This means you do not have to answer questions if you don’t want to. If
you do give answers the Crown Prosecution Service (CPS) may use what
you say as evidence in your court case.

The police may ask you a question you didn’t answer during the interview.
If you give the answer to the question in court without telling the police, it
may damage your case.

The judge, jury or magistrates may wonder why you didn’t give this answer
when the police interviewed you. They may feel you only thought of the
answer after the police interviewed you. They might find it harder to
believe if you only say it for the first time in court.

A magistrate is also known as a Justice of the Peace. They are trained,

unpaid members of their local community. They deal with less serious
criminal cases.21
5
Arriving at the police station
The custody sergeant will meet you at reception. They will check your
name, address and date of birth. They will ask you questions about your
health and if you are a risk to yourself.

The custody sergeant will check any belongings you have with you. You
may have to give them things like your mobile phone and money.22 They
will put these in an envelope or bag, seal it and make a note of it. The
custody officer has to keep this safe.23 They should give your things back
to you, unless they are part of the case you are involved in.

If you have medication on you, the custody sergeant should get a health
care professional (HCP) to check it. They should make sure you can take
your medication while you are at the station.24

The police have the right to take photographs of you.25

The custody sergeant should make sure that you understand your rights.26
They should also assess whether you are a ‘vulnerable person’ and need
an appropriate adult. Or help from a healthcare professional.

They will also ask you if you want legal advice. Even if you decide not to
have legal advice at first, you can change your mind. You can ask for a
legal adviser at any time when at the police station.

You can ask the custody sergeant to tell someone you have been
arrested. This could be a carer, family member, friend, healthcare or social
care professional such as your social worker.

Searching and taking samples

The police may want to search you if they think you might be hiding
something. There are different searches that the police can do. The police
may ask you to remove some, or all, of your clothing. But they must
always make reasonable efforts to get you to hand over the item without
being strip searched.27

There are specific procedures that the police must follow if they want you
to remove some, or all, of your clothing. These include:

• there must be at 2 people with you during the search,28

• these people should be the same sex as you,29
• your appropriate adult should be with you,30 and
• the search must be done with dignity and sensitivity.31

Your appropriate adult should be there when the police need to take your
fingerprints, DNA samples or photograph you. 32

The appropriate adult should be there when you sign anything to make
sure you understand:33

6
 • what is going on, and
• what you are agreeing to.

Meeting the legal adviser and appropriate adult

You have the right to see your legal adviser in private.34

The information that you give to your legal adviser is confidential. This
means that your legal adviser can’t be asked to give evidence against you.
If you tell anyone else, including your appropriate adult, they could be
asked to give evidence against you in court. 35

If you agree, your legal representative can share information with your
appropriate adult and the police. But most of the time your meetings with
the legal representative are confidential. This means the representative
will not tell anyone else what you have spoken about, unless you say they
can.

Your appropriate adult does not have to know what you and your legal
adviser talked about. You should not tell them anything you don’t want
them to know.

Interview
The interview is when the police ask you about if and how you were
involved in a crime.

It is important to know that if the police are questioning you it doesn’t

mean they have charged you yet. The interview is your chance to give
your version of events.

At the interview, as well as the police officers, there should be you, your
legal adviser if you asked for one, and an appropriate adult.36, 37

Interview rooms can be small. But it should be comfortable enough for

everyone to sit around a table. The police will usually record the interview
on a tape recorder.

At the start of the interview, a police officer will say where the interview is
taking place and the date and time the interview started.

The police should caution you again on tape and ask if you understand
what this means.

The police officer starting the interview will say who is in the room. They
will also ask each person to say their name and what they are doing there.
You will need to identify yourself when asked to do so.38

The police will be trying to understand your version of events. The police
officers may ask detailed questions about the crime or may just ask
general questions. For example, they may ask you where you were or
what you were doing at a certain time.

7
The police may show you evidence during the interview, such as CCTV
records or an item such as clothing or a weapon.

During the interview the police should not be argumentative in the way
they ask questions or in their body language. The appropriate adult or
solicitor can speak up during the interview. They can do this if they feel the
police are being intimidating or if they feel you are becoming distressed. 39

Regular meal and refreshment breaks should be allowed during the

interview.40

At the end of the interview, the police officer will remove the tape from the
tape recorder and seal it in a tape box with a sticker.41 They will ask
everyone there to sign the sealed tape. This shows that everyone agrees
that the tape was of your interview. And,that the tape has not been
tampered with.

The police may then give you or your legal representative a copy. If they
do not, you or your legal representative can ask for it later if you have to
go to court.

After the interview

After the interview you will need to stay in a cell while the CPS and police
decide what to do. We look at what could happen afterwards in the next
section of this factsheet.

Timings
When you are held in a police station, the police have to regularly review
whether you still need to be there.42
If the police do not have enough evidence to keep you in custody, then
they should let you go. If the police need time to get evidence, they can
keep you in the station for longer.

There are rules about when the police should review if you still need to be
kept at the police station.43

• The first review must be no later than 6 hours after you were first
held at the police station.
• The second review must be no later than 9 hours after the first
review.
• After the second review, they should review it every 9 hours. They
may review it more quickly than this.
The time begins when you first arrive at the police station. If the police
take you to hospital, the clock stops. It then starts again when you are
taken back to the police station.

If the police question you in hospital, this counts as time in custody and
should be included in the review times.

8
The police should record their reviews on your custody record, which your
appropriate adult and legal representative can look at and check.

Decision to prosecute
If the police accuse you of a minor crime, they may decide not to charge
you. A minor crime might be shoplifting something that isn’t expensive or
littering.

If the crime is serious, or you have been arrested for it before, the police
could pass the case to the Crown Prosecution Service (CPS). The CPS
will decide whether to prosecute you.

After 24 hours at the police station

The police should not keep you in the station for more than 24 hours
without charging you.

A senior police officer of superintendent rank or above, can decide that

you need to be kept in the police station for longer than 24 hours.44 This
may happen if the police need to find, or protect evidence, in relation to a
serious crime.

If you have been identified as a vulnerable person, the police might not be
able to keep you at the station for more than 24 hours. The police should
think about options other than keeping you at the police station. The police
should speak to your legal adviser and appropriate adult, of they are
available. They will be able to tell the police their views on whether you
should stay at the police station any longer.45

A magistrates’ court can allow the police to hold you for longer. But not for
more than four days.46 The police will need to give magistrates information
about your case before allowing them to hold you for longer. You can ask
to see this information.47

Top

5. How do the police deal with people with mental health problems?

The police or the custody sergeant may be concerned that you are
mentally vulnerable. If you agree your legal adviser, friend or relative could
tell the police you have mental health issues. If so, they should get an
appropriate adult for you as soon as possible.

What does ‘mentally vulnerable’ mean?

The police may think you are vulnerable if they believe that you will not
understand what they say to you because of your mental capacity. You do not
need a diagnosed mental illness to be mentally vulnerable.

You should be classed as vulnerable if you:48

• have difficulty understanding the consequences of what is happening
to you at the police station,

9
 • don’t seem to understand the importance of what you are told,
• don’t seem to understand the importance of questions the police ask
you,
• don’t seem to understand the importance of your replies to the police
questions,
• appear to become confused and unclear about what is happening,
• provide unreliable, misleading or incriminating information without
meaning to,
• do what other people tell you to do without wanting to, or
• agree with everything someone is saying without questioning it.

Liaison and Diversion services

Liaison and Diversion services are provided by the NHS. They work within
the criminal justice system, including at police stations. 49

Liaison and Diversion services identify vulnerable people who have

contact with the criminal justice system. This includes people with mental
health problems.

Their main aims are to improve health outcomes for people and to support
them in reducing their offending. They can support you whilst at the police
station and make sure that you get referred to suitable health or social
care services. 50

The police should refer you to Liaison and Diversion services if you have a
mental health problem. Or you can ask them to refer you. You can also
search for search for the services yourself at:
www.england.nhs.uk/commissioning/health-just/liaison-and-
diversion/region-contacts/

At interview
Your legal adviser should talk to you about what the police think you have
done. They should act in your best interests.

They should remind you that the police haven’t proven anything. The
interview gives you the chance to tell your side of the story.

You should tell your legal adviser about your mental health. They will think
about whether this could have played a part in the crime the police think
you have carried out.

The legal adviser should discuss with you if you should answer police
questions. Or give them a written statement. Even though you have the
right to remain silent, this can be held against you if your case goes to
court as we discussed in section 4.

The legal adviser and appropriate adult are there to support you. They can
ask for breaks if they feel you need one. They can interrupt the police if
they think you are becoming distressed from questioning.

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6. What might happen after I have been arrested?

After you have been arrested, there are a few things that can happen.
Below are some things below that mean you do not need to go to court.

• No further action. Nothing else happens.

• Caution or conditional caution.
• Fixed Penalty Notice. This is a fine.
• Going to hospital under the Mental Health Act.
• Going to hospital voluntarily.
The police can charge you without going to the CPS for some offences.
Some of these offences include:51

• theft, criminal damage of less than £5000, driving offences,

shoplifting and common assault, and
• some offences which they think the Magistrate’s court will be able
to deal with.

The police will speak to your legal adviser and let them know if they decide
to charge you.

Being charged is when you must go to court.52 If this happens you can
plead guilty or not guilty. If you plead not guilty there will then be a trial.

Caution
The police can only issue a caution if you admit that you are guilty. You
have to agree to the caution. If you don’t agree you can be arrested and
charged with the crime.53

Cautions can be given to anyone over 10 years old. They are given for
minor offences.

Your appropriate adult should be there when the police caution you.54

A caution goes on your criminal record but is not a criminal conviction. But
courts can refer to them if you commit a further crime.55 So it is important
that you get legal advice before accepting a caution. A caution can show
up on a criminal record check. 56

Conditional caution
The police can give this to anyone over 10 years old. There are only
certain times you can get a conditional caution so ask your legal adviser.57

You will be given conditions that you have to follow.58 These conditions
should:

• help you change your behaviour and not offend in the future,
• make sure you can undo any damage you have done when you
committed the offence, or

11
 • be a punishment to you for the offence you committed.

These conditions must be completed within16 weeks.59 If you do not meet

the conditions, you may need to go to court for the original crime.60

Detention under the Mental Health Act

You might be detained under the Mental Health Act. This will happen if:

• you have a mental disorder, and

• your, or other people’s, health and safety are at risk.

When you may have to go to court

Police bail
Police bail is when you are a suspect in an investigation into a crime. But
the police are temporarily releasing you.

You can leave the police station but there has been no final decision made
about what will happen in your case. The police may need to do more
investigations, or the CPS may need more time to decide if they will
charge you.

You must return to the police station when you are told to or you will be in
breach of bail. And the police could arrest you again.

Released under investigation

The police can release you ‘pending further investigation’ instead of
placing you on bail.

This means that you do not have to attend the police station again on a
certain date. But the police investigation is still ongoing. 61

The police may take some time before they make a decision about the
investigation. You might be:

• required to go to the police station again for interview,

• charged or summonsed to attend court, or
• no further action will be taken.

You will have been given a notice when released from the police station
which sets out some further guidance on what it means to be released
under investigation.

Charge and bail

If the CPS feels you should be prosecuted in court, the custody sergeant
will charge you for a specific crime. The appropriate adult must be there
when they do this.62

If you are charged, you should apply for legal aid as soon as possible.

12
The police should let you leave the police station on bail until your court
date. The police can decide not to grant bail if they think you:

• will not go to court if they give you bail,

• might commit more crimes whilst on bail, or
• might interfere with witnesses.63

If the police keep you at the station, you will usually go to court the
following morning. Your legal adviser could talk to the police about the
effect being held would have on your mental health.

You can find more information about:

• Criminal courts and mental health

• Legal advice – how to get help from a solicitor
• Criminal records checks
• Mental Health Act

at www.rethink.org. Or call our General Enquiries team on 0121 522 7007

and ask them to send you a copy of our factsheet.
Top

We have factsheets that look at many areas of the criminal justice system.
We have named some in this factsheet. But there are some others below
which you may find useful.

• Section 35 of the Mental Health Act

• Section 36 of the Mental Health Act
• Section 37 of the Mental Health Act
• Section 37/41 of the Mental Health Act
• Section 38 of the Mental Health Act
• Section 47/49 of the Mental Health Act
• Section 48/49 of the Mental Health Act
• Prison – going in
• Prison - what happens while I am in prison?
• Complaints about the police
• Complaints about the court
• Complaints about prison
• Complaints about probation

Crown Prosecution Service

They prosecute criminal cases the police in England and Wales
investigate.
Telephone: 020 3357 0899 or 020 3357 0000
Email: enquiries@cps.gov.uk
Address: 102 Petty France, London, SW1H 9EA
Website: www.cps.gov.uk

13
Police.UK
They provide useful information on crime and policing in your area.

Website: www.police.uk/

The National Appropriate Adult Network (NAAN)

NAAN is a national charity. They support and represent organisations to
deliver appropriate adult services in England and Wales. They have lots of
information on the role of the appropriate adult on their website.

Telephone: 07739 904 858

Address:19 North Street, Ashford, Kent, TN24 8LF
Email: admin@appropriateadult.org.uk
Website: www.appropriateadult.org.uk/
1 s135-136 Mental Health Act 1983. c20.
2 Home Office. Police and Criminal Evidence Act 1984 (PACE) Code C revised, 2019.
Para 3.1(a).
3 As note 2. Para 3.5(c).
4 As note 2. para 1.7.
5 National Appropriate Adult Network. What is an appropriate adult?

www.appropriateadult.org.uk/information/what-is-an-appropriate-adult (accessed 5 March

2020).
6 S 37 (5), Police and Criminal Evidence Act 1984 c60.
7 As note 2. Para 3.1(a).
8 As note 2. Para3.5(c)(ii).
9 As note 2. Para 3.5(c) .
10 As note 2. Para 1.15.
11 Solicitors Regulation Authority. Police station representatives accreditation scheme.

www.sra.org.uk/solicitors/accreditation/police-station-representatives-accreditation
(accessed 14th July 2020).
12 As note 2. Para 6.1 and 6.12
13 Gov.UK. Being arrested: your rights. www.gov.uk/arrested-your-rights/legal-advice-at-

the-police-station (accessed 14th July 2020).

14 As note 2. Para 6.1.
15 As note 2. Para 6.1.
16 As note 2. Para 3. 5(c) (ii).
17 As note 2. Para 9.5.
18 As note 2. Para 9.8.
19 Taylor C, Krish J. Farnham F. Advising Mentally Disordered Offenders: A Practical

Guide. London: The Law Society; 2010. para 2.8.7, page 27.
20 As note 2. Para 16.2.
21 Courts and Tribunal Judiciary. Magistrates. www.judiciary.uk/about-the-judiciary/who-

are-the-judiciary/judicial-roles/magistrates/ (accessed 27th February 2020).

22 As note 2. Para 4.2.
23 As note 2. Para 4.1(b).
24 As note 2. Para 9.9.
25 As note 13.
26 As note 2. Para 3.2.
27 As note 2. Annex A, para A1.
28 As note 2. Annex A, paras 6 and 11(c).
29 As note 2. Annex A, paras 6 and 11(b).
30 National Appropriate Adult Network. A quick guide for appropriate adults.

www.appropriateadult.org.uk/images/pdf/2018_quick_guide.pdf at page 2 (accessed 16th

June 2020).
31 As note 2. Annex A, paras 6 and 11(d).
32 As note 30. At page 2.).

14
33 As note 10. Para 2.7.8, page 25.
34 As note 2. Para 17.6 (d) (ii).
35 National Appropriate Adult Network. Guide to being an appropriate adult.

www.appropriateadult.org.uk/images/pdf/2014_AA_guide.pdf at page 8 (accessed 16th

June 2020).
36 As note 2. Para 11.2.
37 As note 2. Para 11.15.
38 As note 2. Para 3.4 (c).
39 As note 35.Page 8.
40 As note 2. Para 12.8
41 Home Office. CODE E Revised Code of Practice on audio recording interviews with

suspects, 2018. Para 3.20.

42 As note 2. Para 15.1.
43 s40, Police and Criminal Evidence Act 1984 c60.
44 As note 43 (PACE 1984), s42 (1).
45 As note 2. Para 15.3
46 As note 43 (PACE 1984), s44 (3).
47 As note 2. Para 15.7A (c).
48 As note 2. Para 1.13(d).
49 NHS. Liaison and Diversion Standard service specification 2019.

www.england.nhs.uk/wp-content/uploads/2019/12/national-liaison-and-diversion-service-
specification-2019.pdf Para 2.1. (accessed 9th July 2020).
50 NHS Commissioning. About liaison and diversion.

www.england.nhs.uk/commissioning/health-just/liaison-and-diversion/about/ (accessed
9th July 2020).
51 Crown Prosecution Service. The Director's Guidance On Charging 2013 - fifth edition,

May 2013 (revised arrangements): 15 – Police Charging decisions.

www.cps.gov.uk/publications/directors_guidance/dpp_guidance_5.html#a02 para 15
(accessed 9th July 2020).
52 Gov.UK Being charged with a crime www.gov.uk/charged-crime (accessed 26th

February2020).
53 Gov.UK. Police cautions, warnings and penalty notices. www.gov.uk/caution-warning-

penalty (accessed 9th July 2020).

54 As note 2. Para 10.12.
55
Crown Prosecution Service. Cautioning and Diversion
www.cps.gov.uk/legal-guidance/cautioning-and-diversion (accessed 9th July 2020).
56 As note 53.
57 Ministry of Justice. Code of practice for adult conditional cautions: Part 3 of the

Criminal Justice Act 2003. Para 2.1

www.gov.uk/government/uploads/system/uploads/attachment_data/file/243436/97801085
12162.pdf (Accessed 26th February 2020).
58 As note 57. Para 2.14
59 As note 57. Para 2.31.
60 As note 57. Para 2.30
61 The Law Society. Release under investigation. PDF available at:

www.lawsociety.org.uk/campaigns/criminal-justice/release-under-investigation (accessed
14th July 2020).
62 As note 2. Para 16.1
63 Schedule 1, Part 1, s2(1) Bail Act 1976 c 63.

15
© Rethink Mental Illness 2014
Last updated: February 2020
Next update: July 2022
Version: 4

This factsheet is available

in large print.
Last updated 01/10/2010