Criminal Solicitors.

What is criminal law and what happens when you are arrested ?

Criminal law is the collective term for the legislation related to any crime and how the matter is dealt with; these stages will include the Arrest, investigation, prosecution and sentencing.

- What happens when you get arrested?

If you should get arrested, you will be taken to a police station and questioned about the matter; you will then either be released or charged; during the time spent at the station, you will be held in a cell. - 'in custody'

During your time in custody, you will be advised of your rights, these include

- receiving free legal advice
- the right to inform someone of your whereabouts - your free call
- medical attention.
- notes on general rights such as the right to food and water, toilet facilities, etc
- notes on the rules the police must adhere to - these are called the police Codes of Practice


If you are under 17 or classified as a vulnerable adult, you must have representation with an 'appropriate adult.'

- Being questioned at the police station.

You will probably be questioned about the incident. This questioning will probably take place where you are being held. While you have the right to refuse to answer any question, we recommend that you receive advice from your solicitor before taking this course of action.

- Your time at the Station - Duration you can be held in Custody.

The general term is 24 hours before you will either be released or charged, the police can extend the period before you are charged up to four days, if your case relates to an Act of Terrorism you can be detained for up to 14 days.

- What is Bail?

It is not uncommon for someone to be released without charge. This is because the police need time to gather evidence to decide whether to charge you with the offence. During this time, you may be asked to return to the police station for questioning.


You may receive conditional bail, usually given if the police are concerned that your conduct may endanger others or you will do something that may affect the course of justice. Generally, this will restrict your freedom- where and when you can do things.


Other options are available to the police at the bail stage. For example, you may be able to have someone guarantee a sum of money that you will attend court. If you fail to attend Court, the person may be asked to pay the money, or they could face prison—this person is known as a surety.

You can be refused bail -

The courts can refuse bail at your hearing; this will typically be in only serious crimes such as Rape or Murder, but if the court feels you will court a danger to the public or will interfere with the case, jump bail etc., they will remand you in custody. In cases where you are potentially charged with a non-custodial crime, the police still have the right to refuse bail if you have a record of not showing up in the past, and they believe you will do this again.

If you have been remanded in custody, you will have limits applied. These will be between 56 and 112 days, depending on the Court you could face. The police have a right to extend this, but the prosecution must show that they will bring your case to trial.

How do you get legal advice at the police station?

Everyone has the right to free legal advice at the police station under the legal aid scheme; if you do refuse this you do have the right to change your mind.


You have a few different options.

- The duty solicitor will be available 24 hrs per day. Typically, they work on a Rota from local solicitor firms.

- Ask the police to provide one, and they will make arrangements via the Defence Solicitors Call Centre

- Choose one of your own


If your case is not serious, you may be offered legal advice over the phone.
With all these things there are exceptions to rules, but one you have requested legal advice the police will wait for them to attend before any questions can be asked, in some situations the police can withhold your right to see a solicitor for a period of time, with the right permissions.

What is a criminal record?

A criminal record is the information held by the government on your criminal history; this will cover

- Any convictions you have
- Reprimands
- Final warning
- Cautions

If you decide to accept a caution, this will appear on your criminal record. Take advice when offered the possibility of a caution; if a conviction is not guaranteed, then you should consider if you should accept a caution under advice.
Items will stay on your record forever unless a judge requests otherwise.

CRB check - these are now to be referred to as DBS checks as two departments have merged. The DBS check will be asked for in lots of situations, such as attending school to look after children or working in healthcare if you are trying to foster or adopt.

Normally your Employer will not ask for a check to be undertaken but the DBS service does hold a list of employers that do, we recommend that you contact the DBS if you wish to check.

You will not be able to check the records yourself, but you can get what is called a basic disclosure.

Checks can cost up to £44 and take up to 4 weeks to come through. For many organisations, this service is free.

If you wish to discuss any aspect of your criminal record, please call the DBS on 0870 90 90 811