If you or someone you care about is being held by police, you're likely feeling worried and uncertain. Being held in police custody is stressful, but understanding your rights can help you navigate this difficult situation. At Astons Law, we've helped thousands of people through police detention and want to share essential information about what happens when you're held by the police.

How Long Can You Be Held by Police?

When you're arrested, the police can hold you at a police station for questioning. The length of time you can be held in police custody depends on several factors:

• For most offences, you can be held for up to 24 hours without being charged
• This can be extended to 36 or 96 hours with proper authorisation for serious crimes
• For suspected terrorism offences, you could be held for up to 14 days

The custody officer at the police station must regularly review your detention to ensure it remains necessary. If there are no grounds to keep you detained, you must be released.

Our solicitors at Astons Law can challenge unlawful detention and ensure the police aren't holding you longer than legally permitted.

Your Rights When Arriving at the Police Station

When you first arrive at the police station, you'll meet with a custody officer who must:

• Tell you why you're being held by police
• Inform you of your rights while in custody
• Make a record of your personal belongings
• Assess if you need medical attention or support

You have important rights that protect you while being held in police custody:

• The right to free legal advice from a solicitor like those at Astons Law
• The right to tell someone where you are
• The right to medical help if you're feeling ill
• The right to see the Codes of Practice that police officers must follow
• The right to regular breaks for meals and to use the toilet

If you're under 18 or considered vulnerable, you also have the right to have an appropriate adult (like a parent, guardian, or social worker) with you during questioning.

Don't risk harming your defence by going through police questioning alone. Contact Astons Law immediately when held by police.

What Happens During Police Custody?

Initial Processing

When you're first held by police, they'll:

1. Take your personal details
2. Record your arrest
3. Take your fingerprints and photograph
4. Possibly take a DNA sample
5. Search you and secure your belongings

The custody officer must explain the process and your rights under the Police and Criminal Evidence Act 1984.

Police Interviews

Police interviews are a crucial part of being held in police custody. During this time:

• You'll be questioned about the alleged offence
• Everything you say is recorded and can be used in court
• You have the right to have a solicitor present
• You can answer "no comment" to questions

Having an Astons Law solicitor with you during police questioning can significantly impact your case outcome. Our experts understand how to protect your interests during this critical phase.

Possible Outcomes

After being held by police, several things might happen:

• You could be charged with a crime and either:
  • Released on bail until your court hearing
  • Kept in custody until your magistrates' court appearance
• You might be released under investigation while police continue their enquiries
• You could be released with no further action
• You might receive a caution or community resolution

Legal Defences When Held by Police

If you're being held in police custody, various defences may apply depending on your specific situation:

• Mistaken identity
• Lack of evidence
• Self-defence
• Alibi evidence
• Procedural errors by police

A skilled Astons Law solicitor can identify the strongest defences in your case and ensure your rights are protected from the moment you're held by police.

When Do You Need to Return to the Police?

If you're released on bail or under investigation:

• You may need to return to the police station at a specified date
• You might have conditions attached to your release
• The investigation could continue for weeks or months
• You might eventually face charges or have the case dropped

Our team at Astons Law can guide you through this uncertain period, preparing your defence and representing you if charges are brought.

How Astons Law Can Help When You're Held by Police

Being held in police custody is a critical time that can significantly impact any potential criminal case. Astons Law provides:

• 24-hour emergency assistance when you're held by police
• Expert solicitors who specialise in criminal defence
• Clear explanation of the police process and your options
• Protection of your legal rights during questioning
• Strategic advice to achieve the best possible outcome

Our experienced team understands exactly what happens when you're held in police custody and how to navigate the criminal justice system effectively.