What do police say when they arrest you? UK police caution wording

The Miranda warning (or Miranda rights) is the first thing you think of when wondering, “what do police say when they arrest you?” However, this is the US version of what we know as the police caution. In the UK, we have similar laws when it comes to your rights to remain silent. This is also known as the privilege against self-incrimination. 

It’s important to note there are five major points police must say when arresting you in the UK. In this post, HNK Solicitors will highlight what do police say when they arrest you and how it can affect the outcome of the criminal procedure.

What do police say when they arrest you?

Being arrested is a serious moment and during this time there are certain procedures police must follow. Failure to do so can make the arrest unlawful. An arresting officer must always state the following three points as soon as practicable after an arrest:

• That you are being arrested,
• The crime you are being arrested for,
• The necessity of arresting you.

UK police caution wording

They may then state 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.” either during your arrest or before questioning.

When police arrest someone in England and Wales, they say the police caution. This explains to individuals that they do not have to say anything, but if they do remain silent, it may harm their defence later if they later rely on something in court which they didn’t disclose in the police interview. It also warns people that anything they do say can be used as evidence against them.

When must the police caution wording be read to you?

The police must read you the police caution, or UK Miranda Rights, when they arrest you, when they interview you as a suspect (whether this be a voluntary police interview or under arrest or asking you questions relating to an offence), or before issuing a formal caution for a minor crime.

What happens after the police arrest and caution you?

Once you have been taken to a police station, you will be searched and held in a cell. The arresting officer should let you know all of your rights, these include:

• Your access to free legal advice,
• The ability to tell someone where you are (unless you are held incommunicado)
• To receive medical attention if you are unwell,
• To see the Codes of Practice,
• To see a written notice informing you of your rights – these must be in your language, and if not, an interpreter must be able to read the code of practice and written notice to you.

Failure to give you all of this information constitutes as police misconduct and can be used as evidence when making a civil action against the police claim. Visit our post for a more in-depth look into what should (and shouldn’t) happen at a police interview. Knowing your rights is pivotal to the process as not all police follow the codes of practice. Understanding your rights when under arrest can help you prevent police misconduct and help you know when you’re eligible to make a claim.

Do you have to answer police questions after they arrest you?

No, as the police caution wording states, you do not have to say anything. This is often referred to as your ‘right to remain silent’. You can either say nothing or reply “no comment” when police ask you questions.

Although they do also state that if you do not mention something when questioned, which you later rely on in court, this could harm your defence. You have the right to legal advice when you are arrested and interviewed under caution. Your solicitor will be able to advise you best of whether to answer questions or not.

What is the difference between the police caution wording and a police caution?

The police caution wording described above is the statement the police must say when they arrest someone. It explains your right to remain silent, when evidence can be used against you, and that you are under arrest. This is not to be confused with a police caution which is a final, out-of-court disposal (or a formal warning) usually given for minor offences to individuals with no previous criminal record, which requires an admission of guilt. Police cautions are usually given by the police or the Crown Prosecution Service for minor crimes to settle them outside of court. While a police caution is not a criminal conviction, it does go on your criminal record on the Police National Computer (PNC). 

What happens if police do not caution you?

If the police fail to read you the police caution when required, this could result in any answers or evidence you provide during that time becoming inadmissible in court.

If no caution is given, your solicitor can argue that the interview was improper and that any evidence obtained during it should be excluded from proceedings if it goes to court. You should be cautioned if suspected on an offence, and failure to do so violates the Police and Criminal Evidence Act (PACE).

Police failure to meet PACE standards

The Police and Criminal Evidence (PACE) Act 1984 is a legislative framework for the powers of police officers in England and Wales. It provides codes of practice for police powers when combatting crime and must be followed at all times. Any failure to do so can result in a civil action against the police claim.

In order to conduct a lawful arrest, the two limbs of section 24 of the PACE act must be met. A police officer can arrest a person without a warrant if they have reasonable grounds to suspect that person of being guilty of a crime and this arrest is only exercisable if there are reasonable grounds for believing an arrest is necessary. If either of the two branches are not met, the arrest is deemed unlawful. The same goes for meeting the verbal procedure of arrest.

HNK can help you in your civil action against the police claims

At HNK Solicitors, we have extensive experience in successfully obtaining compensation in action against the police cases. From minor misconduct to unlawful arrest. Our case studies are a testament to the hard work we provide to get our clients the justice they need. We have a dedicated department for action against the police cases. Recently, Senior Associate and Head of the action against the police department, Demi Drury, secured £84,734 for one of our clients who was arrested without any reasonable grounds.

HNK are happy to answer these questions, like ‘what do police say when they arrest you?’ and offer advice to those who may believe they have experienced police misconduct. Whether that be during arrest, at a police interview or whilst in the custody of the police. This case study offers more information on the standards necessary for a lawful stop and search.

If you have been subjected to police misconduct, contact our actions against the police department on 0151 203 1104 or email – enquiries@hnksolicitors.com to see if we can assist with obtaining compensation on your behalf.

Updated: April 2026