What to do if you are arrested?

The police can legally arrest you if they have a reasonably held suspicion that you may have committed an arrestable offence. Unfortunately the threshold is fairly low but nevertheless they must have a reasonable suspicion.

The arrest is again covered by PACE and in Code C which addresses the issue of detention. If the arrest is unlawful, you can sue for damages arising from unlawful arrest and false imprisonment. damages can be quite substantial. Once arrested, you are not under any duty to say anything whatsoever, but you will be taken to a police station, signed in, and left in a police cell until questioning starts, which it generally will. If a search is ongoing, then they will generally want that to be concluded before questioning begins.

You have a right ti silence but as a tip, avoid the phrase "No comment" which always sounds as if you are a professional criminal too used to what to say! If you are innocent, say everything, but if you are guilty, either plead for mercy and hold your hands up entirely or say nothing. Be very wary what you say about your finances. Try and take into account what they will have come across in the course of their search. You are entitled to a phone call, you are entitled to a solicitor of your choice. You are entitled to a modicum of respect. Try and remember that, for the police, it is just another day's trading. If you are not sure what to say, say nothing.

The Legal Company
3rd Floor
55 Old Broad Street
London
EC2M 1RX
(By Appointment Only)

The Legal Company
3000 Manchester Business Park
Aviator Way
Manchester
M22 5TG