Police Station Attendance
If you have been arrested and taken to a police station, or asked to attend for questioning, the advice you receive before your interview is the single most important factor in what happens next.
About Police Station Attendance
When you are arrested, you are taken to a police station where a custody officer authorises your detention and explains your rights. Under the Police and Criminal Evidence Act 1984 (PACE), you have the right to free and independent legal advice at the police station. You can also choose to have a private representative attend on your behalf. Your detention is subject to time limits — the police can normally hold you for up to twenty-four hours without charge, though this can be extended to thirty-six hours by a senior officer for indictable offences, and to ninety-six hours by a magistrate in exceptional circumstances.
The police interview is conducted under 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." This caution is not a formality. What you say — or choose not to say — in that interview can determine whether you are charged, what you are charged with, and whether you are ultimately convicted. The interview is recorded and the transcript can be read to a jury.
The decision about whether to answer questions, give a prepared statement, or exercise your right to silence is one of the most consequential decisions in any criminal case. There are circumstances where answering questions can establish an innocent explanation and prevent a charge. There are other circumstances where answering questions without proper preparation can result in damaging admissions, inconsistencies, or the loss of potential defences. This decision must be informed by specialist legal advice.
Having a specialist present at the police station is not just about sitting next to you in the interview. It means having someone who can take instructions from you, review the evidence the police are relying on, advise you on the law, help you understand the significance of the questions being asked, and intervene if the interview is conducted improperly. It means ensuring your rights under PACE are respected and that the police do not exceed their powers.
Key Points
- You have a legal right to free and independent legal advice at the police station under PACE
- Detention is subject to strict time limits — normally twenty-four hours without charge
- The police interview is conducted under caution and recorded on tape or digitally
- What you say in interview can be used as evidence at trial
- The decision to answer questions, give a prepared statement, or remain silent is critical
- A specialist representative can review the evidence and advise before the interview begins
Why Early Representation Matters
We arrange attendance at police stations across the United Kingdom. When you or a family member is arrested, we respond immediately. Our priority is to speak with you privately before any interview takes place — to understand the allegation, review whatever disclosure the police are prepared to provide, and advise you on the best approach for the interview. This consultation is the foundation on which your entire defence is built.
During the interview itself, we ensure that the questioning is fair, that the officers follow proper procedure, and that your rights are protected. If questions are misleading, oppressive, or outside the scope of the investigation, we intervene. After the interview, we advise you on what is likely to happen next — whether you are likely to be charged, released under investigation, or bailed — and we begin preparing for whatever comes next.
Frequently Asked Questions
It depends entirely on the circumstances. In some cases, answering questions and providing your account can prevent a charge. In others, the risks of answering — including making admissions you did not intend, or providing an account that cannot later be changed — outweigh the benefits. This is a decision that must be made with specialist legal advice, after reviewing the disclosure provided by the police. Never make this decision alone.
A "no comment" interview is where you exercise your right to silence and decline to answer the questions put to you. This is a legitimate and often appropriate strategy. However, under Section 34 of the Criminal Justice and Public Order Act 1994, the court can draw adverse inferences if you fail to mention something in interview that you later rely on at trial. This is why the decision must be made carefully and with proper advice.
The police can normally detain you for up to twenty-four hours without charge. For indictable offences, a superintendent can authorise detention for up to thirty-six hours. Beyond that, the police must apply to a magistrate, who can extend detention to a maximum of ninety-six hours. These time limits are strictly enforced, and your legal representative will monitor them to ensure the police do not exceed their powers.
Yes. You have the right to have a legal representative present during your police interview. This person can advise you privately before the interview, sit with you during the interview, and intervene if the questioning is improper. You can also have an appropriate adult present if you are under eighteen or are a vulnerable adult. Having professional representation at this stage is one of the most important decisions you will make.
After the interview, the police will decide whether to charge you, release you under investigation while they continue their enquiries, release you on bail with conditions, or take no further action. If you are charged, you will either be kept in custody for a court appearance the next day or released on bail to appear at court on a specified date. We advise you on the likely outcome and prepare for whichever course the police take.
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