Rights and LimitsArrested and in custodyYour rights in police custody
Your rights in police custody
There is a short and simple version of this page. One idea per sentence, no legal words.
What you must do, what refusing costs you and what you are entitled to
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
As soon as practicable, be told that an appropriate adult is required and why, be advised of the appropriate adult’s duties, and be told that you can consult the appropriate adult privately at any time.
The appropriate adult must also be told the grounds for your detention and your whereabouts, and their attendance at the police station to see you must be secured.
PACE Code C (2023), paragraph 3.15
“If the detainee is a juvenile or a vulnerable person, the custody officer must, as soon as practicable, ensure that: the detainee is informed of the decision that an appropriate adult is required and the reason for that decision (see paragraph 3.5(c)(ii) and; the detainee is advised: of the duties of the appropriate adult as described in paragraph 1.7A; and that they can consult privately with the appropriate adult at any time. the appropriate adult, who in the case of a juvenile may or may not be a person responsible for their welfare, as in paragraph 3.13, is informed of: the grounds for their detention; their whereabouts; and the attendance of the appropriate adult at the police station to see the detainee is secured.”
Read it at gov.ukquote checked 2026-09-16
Be treated as a juvenile for these purposes if you appear to be under 18, unless there is clear evidence that you are older.
PACE Code C (2023), paragraph 1.5
“Anyone who appears to be under 18, shall, in the absence of clear evidence that they are older, be treated as a juvenile for the purposes of this Code and any other Code.”
Read it at gov.ukquote checked 2026-09-16
Refusing costs you
Refusing may carry a penalty, allow an inference to be drawn against you, or be an offence in itself.
You do not have to answer the questions put to you, though there can be consequences if you do not.
The consequence is the adverse inference the caution warns about. This page does not source that rule — the caution page does; go there before deciding how to handle questions.
GOV.UK, Being arrested: your rights — your rights in custody
“You do not have to answer the questions but there could be consequences if you do not.”
Read it at gov.ukquote checked 2026-08-25
You are entitled to
Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.
You are entitled to be told about three continuing rights at the custody desk — consulting a solicitor, having someone informed of your arrest, and consulting the Codes of Practice — and you can exercise any of them at any stage in custody, not only when you first arrive.
PACE Code C (2023), paragraph 3.1(a)(i)-(iii)
“the custody officer must make sure the person is told clearly about:—(a) the following continuing rights, which may be exercised at any stage during the period in custody:—(i) their right to consult privately with a solicitor and that free independent legal advice is available as in section 6;—(ii) their right to have someone informed of their arrest as in section 5;—(iii) their right to consult the Codes of Practice”
Read it at gov.ukquote checked 2026-09-14
You are entitled to consult a solicitor privately at any time — in person, in writing or by telephone — and free independent legal advice is available, unless the narrow Annex B power to delay access applies to your case.
The Code puts the Annex B qualifier at the front of this right, so it governs the whole of it, including the "at any time" part. Delay is a limit on when you get access, not a removal of the entitlement.
PACE Code C (2023), paragraph 6.1
“Unless Annex B applies, all detainees must be informed that they may at any time consult and communicate privately with a solicitor, whether in person, in writing or by telephone, and that free independent legal advice is available.”
Read it at gov.ukquote checked 2026-09-14
No police officer may lawfully try to talk you out of getting legal advice, whether or not you have already been arrested.
PACE Code C (2023), paragraph 6.4
“No police officer should, at any time, do or say anything with the intention of dissuading any person who is entitled to legal advice in accordance with this Code, whether or not they have been arrested and are detained, from obtaining legal advice.”
Read it at gov.ukquote checked 2026-09-14
Once you ask for legal advice, the custody officer must act without delay to arrange it, unless a narrow, defined power to delay access (Code C calls it Annex B) applies to your case.
This site does not yet cover when that power can be used — treat the label as something to ask about, not something to look up here. Note too that the right includes speaking to a solicitor by telephone, and that some detainees’ right to free advice is limited to telephone advice from CDS Direct — so do not expect a solicitor in person in every case.
PACE Code C (2023), paragraph 6.5
“The exercise of the right of access to legal advice may be delayed only as in Annex B.—Whenever legal advice is requested, and unless Annex B applies, the custody officer must act without delay to secure the provision of such advice.—If the detainee has the right to speak to a solicitor in person but declines to exercise the right the officer should point out that the right includes the right to speak with a solicitor on the telephone.—a detainee whose right to free legal advice is limited to telephone advice from the Criminal Defence Service (CDS) Direct”
Read it at gov.ukquote checked 2026-09-14
You are entitled to consult a solicitor privately at any time, so saying no once does not use the right up — you can ask again at any stage.
Police and Criminal Evidence Act 1984, s.58(1)
“A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.”
Read it at legislation.gov.ukquote checked 2026-08-25
The three things to ask for immediately
- A solicitor. Free independent legal advice is available whenever you ask for it.
- Someone told where you are. One friend, relative or other person likely to take an interest in your welfare.
- The Codes of Practice. You are entitled to consult them; asking signals you know the rules apply.
These are continuing rights: PACE Code C says they may be exercised at any stage during your time in custody, so asking late is still asking in time. Ask for all three at the custody desk, and ask for your request to be written in the custody record. The record is a contemporaneous document your solicitor can later obtain.
The duty solicitor is not the police’s solicitor
The most common reason people decline a solicitor is a belief that the duty solicitor is somehow part of the police station furniture, or that asking will make things worse. No police officer should try to talk you out of getting legal advice — that pressure is itself against the rules, whether or not you have already been arrested.
The advice is independent: the solicitor is not acting for the police.
Once you ask for advice, the custody officer must act without delay to arrange it, unless a narrow, defined power to delay access (Code C calls it Annex B) applies to your case — this site does not yet cover when that power can be used, so treat the label as a flag to ask about rather than something to look up here. Even where it applies, for some matters that can mean advice by telephone rather than a solicitor attending in person.
If you are under 18 or vulnerable
If you appear to be under 18, or are a vulnerable person, the custody officer must, as soon as practicable, ensure that you are told an appropriate adult is required and why, and that you are advised you can consult the appropriate adult privately at any time. The appropriate adult must be told the grounds for your detention and your whereabouts, and their attendance at the police station to see you must be secured.
Related pages
- How long can police detain you without charge?England & Wales
- The caution, and what “no comment” really costsEngland & Wales
- Strip searches and intimate searches in custodyEngland & Wales
- Pre-charge bail time limits, and released under investigationEngland & Wales
Last reviewed 2026-09-14. Next review due 2027-02-25. No solicitor has reviewed this page — see [email protected] if you think something here is wrong.