Being arrested is frightening, and it is easy to make a decision in the first hour that matters for months afterwards. This guide sets out, in plain terms, what usually happens and what your rights are. It is general information, not advice on any particular case.
The hours right after an arrest are when the most important choices are made, often before anyone has had time to think clearly. Knowing what to expect makes those choices easier.
When the police arrest you, they should tell you that you are under arrest and why. You will normally be taken to a police station, where your details are recorded and your belongings held. You may be searched. At some point you will usually be interviewed about what the police believe happened.
You do not have to work out on your own whether the arrest is justified or what the evidence is. That is what a lawyer is for, and the sooner one is involved, the better.
You have the right to remain silent. You are not obliged to answer police questions, and the fact that you have stayed silent is not, by itself, evidence of guilt. Before an interview the police should caution you to this effect.
You also have the right to consult a lawyer, and to do so in private. You can ask to speak to a solicitor before you answer any questions, and you can ask for one at any stage even if you did not ask at the start. Asking for a lawyer is not an admission of anything. It is a normal and sensible step.
If you do not have a solicitor of your own, you can still ask for legal help. Tell the police clearly that you wish to speak to a lawyer before being interviewed.
A police interview is not a casual conversation. What you say may be written down or recorded and later used in evidence. People often talk in the hope of clearing things up quickly, and sometimes make their position worse without meaning to.
You are entitled to take legal advice before deciding whether to answer questions, and to have that advice before you sign anything. If you are asked to sign a statement or a record of interview, you are entitled to read it, and to take advice on it, before you sign.
Bail means being released while a case continues, usually on conditions. There are two situations to keep separate.
Bail conditions can often be discussed and, where appropriate, challenged or varied. This is one of the areas where early legal help is most useful.
If a matter proceeds, you will usually be brought before a magistrate. An early appearance is often about the shape of the case, bail and the next date, rather than a trial. Nothing is decided finally at this stage. It is a beginning, not an ending, and it is far better to reach it with a lawyer already involved.
If someone you care about has been arrested, the most useful things you can do are practical and calm. A person who has been arrested is generally entitled to have someone told where they are. You can contact a solicitor on their behalf, and a solicitor can ask the police for information and attend if needed. Bring or arrange any medication, and note the police station and any reference details you are given.
You cannot answer questions for the person arrested, and you should be careful not to discuss the facts of the case over the phone. What helps most is getting a lawyer involved quickly.
Early. The single most valuable moment for advice is often before the first interview, not after it. If you are not sure whether you need a lawyer yet, that uncertainty is itself a good reason to make the call.
We defend criminal matters from the police station through to appeal. We can attend at the police station, or advise by phone, at any stage, and we work in six languages, English, Cantonese, Mandarin, Punjabi, Hindi and Urdu, so that no one we act for is disadvantaged by not being understood. Many of the people we defend have been through a great deal before they reach a police station, and we work in a way that takes that into account.
You can read more on our criminal defence page, and about fees on how we price.
Yes. You have the right to remain silent, and staying silent is not itself evidence against you. You are entitled to take legal advice before deciding whether to answer.
Yes. A family member or friend can contact a solicitor on your behalf, and the solicitor can then deal with the police and attend if needed.
Bail is being released while a case continues, usually on conditions. It may be granted by the police after questioning, or by a court at a hearing. Conditions can sometimes be discussed and varied.
You are entitled to read anything before you sign it, and to take legal advice on it first. It is sensible to do so rather than sign under pressure.
Often the most important advice comes before any charge, at the stage of questioning and bail. If you are unsure, that is a good reason to speak to a solicitor early.
This page is general information, not legal advice on any specific situation. For advice on your circumstances, contact us.
You will hear back from a person within two working days. If it is urgent, call the office on (852) 2114 1616 during office hours, or call or WhatsApp us on (852) 6483 1803.
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