Understanding Your Rights During The Police Arrest Process

Being arrested is an intimidating process, even for those who know they have done nothing wrong. That is why the law sets out strict rules that govern the police arrest process to ensure transparency, accountability and the protection of your individual rights.

However, when these rules are ignored or breached, an arrest can become unlawful, and you may be entitled to compensation with the support of an experienced solicitor. In this article, we explain your rights, the safeguards that are in place, and what amounts to unlawful conduct.

When can the police arrest you?

Under Section 24 of the Police and Criminal Evidence Act 1984 (PACE), the police can only arrest you without a warrant if two conditions are met. First, they must have reasonable suspicion that you are involved in committing a criminal offence, are in the process of committing one or are about to commit one. This suspicion must be founded on objective facts, not assumptions, profiling or personal bias.

Secondly, the arrest must be necessary. Necessity is a key part of the police arrest process, and an officer must be able to justify why arresting you is essential; for example, to prevent harm, stop you from absconding, protect a vulnerable person, allow a prompt investigation, or preserve evidence. If the police cannot demonstrate both reasonable suspicion and necessity, the arrest may be unlawful.

Your rights at the point of arrest

The law requires that the police follow a clear and transparent procedure when arresting someone. As part of the police arrest process, the officer must identify themselves, tell you that you are under arrest and explain in plain language why the arrest is taking place. They must also give the police caution, similar to the Miranda Rights that you’ll have heard in films and on TV, which ensures you know your rights and can remain silent if preferred.

If the officer fails to tell you why you are being arrested at the appropriate time, the validity of the arrest may be challenged. These procedural requirements are not optional; they exist to ensure fairness and accountability.

To understand your right to silence in more detail, read our recent blog on the subject.

Your rights in police custody

Once you arrive at a police station, additional rights apply, such as being entitled to free and independent legal advice and the ability to speak to a solicitor privately before any interview. You also have the right to have someone informed of your arrest, which must be done as soon as practicable.

During the police arrest process, you must be treated with dignity and looked after properly in custody. You are entitled to adequate food, drink, rest and bathroom breaks, and should you feel unwell, the police must call a healthcare professional. You also have the right to consult the PACE Codes of Practice, which provide detailed rules the police must follow during arrest, detention and questioning.

The law also places strict limits on how long you can be held. In most cases, you cannot be detained without charge for more than 24 hours, although this may be extended for serious offences with the correct authorisation. If the police ignore these time limits or fail to conduct required detention reviews, the detention may become unlawful.

How the police arrest process can become unlawful

The vast majority of arrests are carried out professionally and within the law, but mistakes and misconduct can unfortunately occur. An arrest may be unlawful if there was no genuine reasonable suspicion or if the necessity requirement was not met. For example, if you could have been interviewed voluntarily, or if the police acted out of convenience or desire to control a situation rather than legal necessity, this may justify a claim.

Misconduct can also occur when officers fail to provide the reason for arrest, forget or deliberately skip the caution, or use excessive or unnecessary force. While the police are permitted to use reasonable force under section 117 PACE, anything beyond what is strictly necessary may amount to assault.

Detention is also considered unlawful if the police hold you longer than permitted or if they ignore your right to legal advice. In more severe cases, behaviour such as fabricating evidence, falsifying records, discriminatory treatment, or acting with malice may amount to misfeasance in public office, which is a serious form of police wrongdoing.

How an unlawful arrest and misconduct can affect you

Being subjected to an unlawful arrest can have significant effects on your mental well-being, reputation, employment and personal life. Even a short period of wrongful detention can cause anxiety, humiliation and distress, while if excessive force is used, physical injuries may occur. Unlawful arrests may also lead to the unnecessary retention of your DNA, fingerprints and personal data, which can be deeply intrusive.

Because the police arrest process carries such serious consequences, the courts take breaches of procedure seriously.

Claiming compensation for an unlawful arrest

If you believe you were unlawfully arrested or mistreated during the police arrest process, then you may be able to bring a civil claim. An experienced solicitor will examine the circumstances of your arrest, gather evidence such as body-worn footage and custody records, and assess whether the police followed the rules set out in PACE, the Human Rights Act 1998 and relevant case law.

Compensation may be available for false imprisonment, assault, breaches of human rights, including violations of Article 5 (right to liberty), Article 3 (freedom from degrading treatment), and Article 8 (right to private life), as well as for misfeasance in public office.

Making a complaint directly to the police may help highlight wrongdoing, but it does not result in compensation. Speaking with a solicitor and pursuing a civil claim is the only way to obtain financial redress for the harm you have suffered.

Get expert support with HNK Solicitors

If you believe your rights were breached at any point during the police arrest process, you do not have to face the situation alone. At HNK Solicitors, we specialise in actions against the police and have extensive experience helping clients challenge unlawful arrests, excessive force and misconduct.

Our team can review your case, advise you on your rights and help you claim the compensation you deserve when the police fail to act lawfully. Get in touch today for expert advice on making a claim. Call us on 0151 668 0812, email enquiries@hnksolicitors.com, or fill in one of our online forms.