This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn what rights suspects have while in police custody in England and Wales, including the right to legal advice, to have someone informed, medical care, humane conditions, silence during questioning, and safeguards for vulnerable people. Clear, authoritative guidance.
When a person is arrested and taken into police custody in England and Wales, their liberty is restricted by law. To protect fairness and individual rights, legislation and approved procedures set out specific entitlements that must be respected while a suspect is held at a police station. These protections arise primarily from the Police and Criminal Evidence Act 1984 (PACE) and the Codes of Practice made under it, which prescribe how custody should be managed and what rights a detained person has. This article explains those rights in clear, accessible terms, from the moment someone arrives at a custody suite through questioning and potential release or charge.
What It Means to Be in Police Custody
Being in custody means a person is under police control in a custody suite after arrest. The custody officer, typically a sergeant or above who is independent of the investigation, is responsible for the detainee's welfare and the lawful application of powers while they are detained. The officer must ensure detention is necessary and lawful and must maintain a detailed custody record of all key events.
Core Rights on Arrival at a Police Station
Right to Be Informed of Your Rights
Upon arrival, the custody officer must explain your continuing rights clearly. These rights are not one‑off notifications; they can be exercised at any stage during custody. They include:
- the right to have someone informed of your arrest and location, typically a friend, relative or other trusted person;
- the right to consult privately with a solicitor, with the option for free, independent legal advice available to you;
- the right to consult the PACE Codes of Practice, which set out how your detention should be managed;
- the right to interpretation and translation if English is not your first language;
- where applicable, the right to contact your High Commission, embassy or consulate if you are not a UK national.
In addition, the police must explain the offence you are suspected of and why you have been arrested and detained.
Right to Legal Advice
One of the most important rights is to free legal advice. You can consult a solicitor in private at any point during your detention, and the police must facilitate this. You do not need to pay for this advice at the custody suite. Solicitors can provide guidance on whether to answer questions, how to protect your legal position and ensure proper procedure is followed.
Right to Have Someone Informed and Make Contact
You have the right to have someone notified that you are in custody - a family member, friend or other person. This contact can help with practical support and ensure others know your location and situation.
You also have rights to communication assistance, including access to a telephone where appropriate, though this may sometimes be delayed for operational or investigative safety reasons.
Right to Medical Attention
If you are feeling unwell, injured or have a health condition, the custody officer must ensure you receive medical help promptly. This right ensures that your basic health needs are attended to while in custody.
Right to Humane Treatment and Basic Facilities
While detained, you are entitled to basic welfare provisions in line with PACE Code C, which governs the treatment of detained persons. These include:
- adequately heated, ventilated and clean conditions;
- humane detention conditions throughout;
- meals and refreshments, with at least two light meals and one main meal provided in any 24‑hour period, with attention to dietary requirements;
- access to toilet facilities and appropriate rest periods;
- appropriate treatment if you are a child or a vulnerable adult, including the presence of an appropriate adult to support you during questioning.
Children should not be placed in a cell with an adult and should be treated in a way that recognises their vulnerability.
Right to Remain Silent and the Police Caution
If the police question you about the offence you are suspected of, they must read you the police caution before questioning. The caution explains that you do not have to answer questions, though remaining silent may have consequences if you later rely on information you did not disclose when questioned.
This right to silence allows you to decide whether or not to answer questions, ideally with legal advice.
Right to See Evidence and Records
Under PACE and the associated Codes of Practice, you or your solicitor have the right to see relevant records and documents about your arrest and detention. This includes custody records and material explaining why you are being held.
Appropriate Adults for Vulnerable Persons
If you are under 18 or regarded as vulnerable (for example due to disability or mental health needs), the police must arrange for an appropriate adult to be present during detention and questioning. This adult helps protect your interests and ensure communication is clear and fair.
Limits and Exceptional Circumstances
In rare circumstances, police may seek to delay certain rights temporarily, but only where authorised and where strict legal criteria are met - for example, where immediate communication could interfere with an investigation or put others at risk. Any such delay must be properly justified and recorded.
Practical Example
A person arrested for suspected theft is taken to a custody suite. On arrival, the custody officer explains their rights: they may call a relative, consult a solicitor in private, and have medical attention if needed. They are given a written notice summarising these rights. They are informed of the suspected offence and caution. During questioning, they choose to wait for their solicitor's advice before answering. Throughout their time in custody, they have access to food, rest and humane facilities.
Summary
While in police custody in England and Wales, suspects have a suite of legal rights designed to protect their welfare, dignity and legal position. These include:
- the right to be informed of arrest and continuing rights;
- free legal advice and private consultation with a solicitor;
- the right to have someone informed of their detention;
- access to medical help, humane conditions, meals and rest;
- the right to remain silent during questioning;
- the right to see appropriate records and legal information;
- additional safeguards for children and vulnerable adults.
These rights are enshrined in PACE and its Codes of Practice. Understanding them helps ensure that suspects are treated fairly and that their detention respects fundamental legal protections.
