Which power are they using?

Answer where you are and what happened, and this resolves to the specific legal power most likely in play. It is not a substitute for asking the officer directly — “which power are you using?” is a fair question in the moment, not an obstruction.

Step 1

Where are you right now?

JavaScript is off, so here is the whole tool laid out as a readable list instead of the step-by-step version — open the answer that matches your situation.

Where are you right now?

In the street, a shop, or another public place

What did the officer say or do?

Searched me, or is about to, and gave a reason connected to drugs

Sounds like a search under s.23 Misuse of Drugs Act 1971

This is a grounds-based power specifically for controlled drugs, not the general s.1 PACE power.

A constable needs reasonable grounds to suspect you are in possession of a controlled drug before they can search you under this power.
Misuse of Drugs Act 1971, s.23(2)
“If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act”
Read it at the sourcequote checked 2026-08-25

Stopped and searched in the street →What the officer must tell you before any stop and search, and how to challenge one afterwards.

Searched me, or is about to, and gave a reason like stolen goods or a weapon, based on something about me

Sounds like an ordinary s.1 PACE stop and search

The everyday power, for stolen or prohibited articles. It needs reasonable grounds, not a hunch.

What you must do, and what you can refuse

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.

The officer may detain you for the purpose of carrying out the search.
So walking away from a lawful detention risks arrest. Object verbally, not physically.
Police and Criminal Evidence Act 1984, s.1(2)(b)
“may detain a person or vehicle for the purpose of such a search”
Read it at legislation.gov.ukquote checked 2026-08-25

You can refuse

No penalty for saying no.

You are under no obligation to give your name, address or date of birth for a stop-and-search record.
PACE Code A says so in terms, and adds that you should not even be asked for it for that purpose. The separate anti-social-behaviour power is in the third column.
PACE Code A (2023), paragraph 4.3
“The person is under no obligation to provide this information and they should not be asked to provide it for the purpose of completing the record.”
Read it at legislation.gov.ukquote checked 2026-08-25
A s.1 PACE search is not permitted at all unless the officer has reasonable grounds for suspecting they will find something.
A hunch is not grounds. Neither, on its own, is your race, age or the area you are in.
Police and Criminal Evidence Act 1984, s.1(3)
“This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles”
Read it at legislation.gov.ukquote checked 2026-08-25

Lawful to refuse — but it costs you

Not an offence, but it carries a penalty or an inference.

Refusing, or giving a false name, once that requirement is properly made is an offence carrying a fine up to level 3.
This is the exception that catches people out — it converts an ordinary street stop into a situation where silence is chargeable.
Police Reform Act 2002, s.50(2)
“is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale”
Read it at legislation.gov.ukquote checked 2026-08-25

Stopped and searched in the street →The three stop-and-search powers, what officers must tell you, and what to do afterwards.

Said there's an authorisation covering this area, so they don't need a reason connected to me personally

Sounds like a s.60 CJPOA area authorisation

A senior officer can authorise searches covering a specific place and time, and within it individual grounds are not needed the way they are under s.1 PACE.

Not fully sourced yet: This site does not yet have a verified citation for s.60 CJPOA 1994 itself. Rather than state the detail without one, read the fuller explanation below, where it is covered in an already-sourced page.

Stopped and searched in the street →Explains all three stop-and-search powers, including the s.60 area authorisation, in its first section.

Said I'm the named subject of a court order that lets them search me without grounds

Sounds like a Serious Violence Reduction Order (SVRO)

Not a power an officer decides on the spot — a court order made against a specific named person, on conviction.

What you must do, and what you can refuse

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.

While the order is in force a constable may search you, as the person subject to it, for a bladed article or an offensive weapon.
Sentencing Act 2020, s.342E(2)
“A constable may search the offender for the purpose of ascertaining whether the offender has a bladed article or an offensive weapon with them.”
Read it at legislation.gov.ukquote checked 2026-08-25
You may be detained for the purpose of carrying out that search.
Sentencing Act 2020, s.342E(3)
“A constable may detain the offender for the purpose of carrying out the search.”
Read it at legislation.gov.ukquote checked 2026-08-25

Lawful to refuse — but it costs you

Not an offence, but it carries a penalty or an inference.

The search power under the order is stated with no requirement of reasonable grounds at all.
Contrast s.1 PACE, which does not permit a search unless the officer has reasonable grounds for suspecting they will find something. Under an SVRO the fact of the order is the authority.
Sentencing Act 2020, s.342E(2)
“A constable may search the offender for the purpose of ascertaining whether the offender has a bladed article or an offensive weapon with them.”
Read it at legislation.gov.ukquote checked 2026-08-25
The search power only applies while you are in a public place.
Sentencing Act 2020, s.342E(5)
“The powers in this section may be exercised only while the offender is in a public place.”
Read it at legislation.gov.ukquote checked 2026-08-25

Serious Violence Reduction Orders: suspicionless search by name →What an SVRO actually lets a constable do, and the limits on it.

Just asked me questions — no search, no detention

This is a stop and account, not a search

An officer can ask you questions without using any legal power at all — and you don't have to answer.

What you must do, and what you can refuse

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You can refuse

No penalty for saying no.

Explain what you are doing, where you are going, or answer any other question during a stop and account.
GOV.UK is direct on this: you do not have to stop or answer, and declining alone cannot be used as a reason to search or arrest you.
GOV.UK, Police powers to stop and search: your rights — Police powers to stop and question
“what you’re doing in the area— where you’re going— You do not have to stop or answer any questions. If you do not and there’s no other reason to suspect you, then this alone cannot be used as a reason to search or arrest you.”
Read it at legislation.gov.ukquote checked 2026-08-25
Decline to answer without that refusal itself being treated as grounds to search you.
Reasonable grounds for a search cannot be built retrospectively out of your silence.
PACE Code A (2023), paragraph 2.9
“Reasonable grounds for suspicion however cannot be provided retrospectively by such questioning during a person’s detention or by refusal to answer any questions asked.”
Read it at legislation.gov.ukquote checked 2026-08-25
Give your name, address or date of birth simply because you have been stopped and asked.
There is no general duty to identify yourself. The anti-social behaviour and driving exceptions are separate.
PACE Code A (2023), paragraph 4.3
“The person is under no obligation to provide this information and they should not be asked to provide it for the purpose of completing the record.”
Read it at legislation.gov.ukquote checked 2026-08-25

Stopped and asked what you are doing — but not searched →Why this is different from a search, and how it can turn into one.

Told me I'm under arrest

You're under arrest — the custody rights that follow

Once you are arrested the relevant powers switch from street powers to custody rights. These are the two that matter immediately.

What you must do, and what you can refuse

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You can refuse

No penalty for saying no.

You do not have to answer the questions put to you, though there can be consequences if you do not.
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 legislation.gov.ukquote checked 2026-08-25
You are entitled to consult a solicitor privately at any time.
Which is why the two rights are worth using together rather than one instead of the other.
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

Lawful to refuse — but it costs you

Not an offence, but it carries a penalty or an inference.

You are entitled to consult a solicitor privately at any time, and declining that is a choice, not a formality.
Advice is free and the custody clock runs either way, so the trade-off people imagine does not exist.
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

Your rights in police custody →The three things to ask for immediately, and why the duty solicitor is not the police’s solicitor.
How long the police can hold you →The 24/36/96-hour custody clock and what release without charge does and does not mean.
Custody clock tool →Work out the actual milestone times from when detention began.

In a vehicle you've been asked to stop

What did the officer say or do?

Signalled or told me to stop — nothing else yet

s.163 Road Traffic Act 1988 — you must stop

One of the few places on this site where the answer is a flat legal duty, not a choice.

A person driving must stop the vehicle on being required to do so by a constable in uniform.
Road Traffic Act 1988, s.163(1)
“A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform”
Read it at the sourcequote checked 2026-08-25
Failing to stop is a criminal offence in its own right.
Road Traffic Act 1988, s.163(3)
“If a person fails to comply with this section he is guilty of an offence.”
Read it at the sourcequote checked 2026-08-25

Stopped while driving →The duty to stop, the s.172 duty to name the driver, and what is still yours to decline.

Wants to breath-test me, or says I might be drink- or drug-driving

Breath test, or a drink- or drug-driving procedure

Two separate stages — a roadside preliminary test under s.6, then an evidential specimen under s.7 — and refusing either without reasonable excuse is its own offence.

What you must do, and what you can refuse

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.

Co-operate with a roadside preliminary test when a constable requires one under s.6.
The power only arises if one of the conditions in s.6(2)-(5) is met — for example, reasonably suspected alcohol or drugs while driving, or after an accident.
Road Traffic Act 1988, s.6(1), (2) and (5)
“If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.— This subsection applies if a constable reasonably suspects that the person— is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and— has alcohol or a drug in his body or is under the influence of a drug— an accident occurs owing to the presence of a motor vehicle on a road or other public place, and— a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident”
Read it at legislation.gov.ukquote checked 2026-08-25
Failing without reasonable excuse to co-operate with a preliminary test is itself an offence.
Road Traffic Act 1988, s.6(6)
“A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.”
Read it at legislation.gov.ukquote checked 2026-08-25
Provide an evidential specimen of breath, blood or urine when a constable validly requires one under s.7.
Road Traffic Act 1988, s.7(1)
“a constable may, subject to the following provisions of this section and section 9 of this Act, require him— to provide two specimens of breath for analysis by means of a device of a type approved by the Secretary of State, or— to provide a specimen of blood or urine for a laboratory test”
Read it at legislation.gov.ukquote checked 2026-08-25
Failing without reasonable excuse to provide that specimen is a criminal offence in its own right.
Road Traffic Act 1988, s.7(6)
“A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.”
Read it at legislation.gov.ukquote checked 2026-08-25

You can refuse

No penalty for saying no.

You do not have to answer the questions put to you, though there can be consequences if you do not.
Providing the specimen is a specific, separate duty. It is not a duty to answer an officer’s wider 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 legislation.gov.ukquote checked 2026-08-25

Lawful to refuse — but it costs you

Not an offence, but it carries a penalty or an inference.

Ask to speak to a solicitor before providing the specimen — but the police do not have to wait for one.
Courts have repeatedly held there is nothing in PACE that requires police to delay taking the specimen while a solicitor is found. Asking is not a reasonable excuse to refuse or stall.
Myles v DPP [2004] EWHC 594 (Admin), quoting DPP v Billington [1988] 1 WLR 535 (Div Ct)
“All that the Act of 1984 requires is that the Defendant be permitted to consult a solicitor as soon as practicable. There is nothing in the Act of 1984 which requires the police, whether expressly or by implication, to delay the taking of a specimen”
Read it at legislation.gov.ukquote checked 2026-08-25

Breath tests, blood, and drug driving: what you must do →Why there is no right to wait for a solicitor here, unlike almost everywhere else on this site.

Is asking, or sent a form asking, who was driving on a particular occasion

s.172 Road Traffic Act 1988 — naming the driver

If a driving offence is alleged, the registered keeper must say who was driving. This is the trap people talk themselves into.

What you must do, and what you can refuse

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.

Stop the vehicle when a constable in uniform requires you to.
Road Traffic Act 1988, s.163(1)
“A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform”
Read it at legislation.gov.ukquote checked 2026-08-25
Failing to stop is a criminal offence.
Road Traffic Act 1988, s.163(3)
“If a person fails to comply with this section he is guilty of an offence.”
Read it at legislation.gov.ukquote checked 2026-08-25
As registered keeper, say who was driving when required.
This applies to the keeper, and a separate duty can apply to others who know.
Road Traffic Act 1988, s.172(2)(a)
“the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police”
Read it at legislation.gov.ukquote checked 2026-08-25

You can refuse

No penalty for saying no.

You do not have to answer the questions put to you, though there can be consequences if you do not.
Identifying the driver is a specific statutory duty set out above. It is not a duty to be interviewed about your speed or your journey.
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 legislation.gov.ukquote checked 2026-08-25

Lawful to refuse — but it costs you

Not an offence, but it carries a penalty or an inference.

Refusing to name the driver carries a fine and an obligatory licence endorsement.
Frequently a heavier penalty than the offence being investigated.
Road Traffic Offenders Act 1988, Schedule 2, Part I — RTA s.172
“Failure of person keeping vehicle and others to give police information as to identity of driver, etc. , in the case of certain offences. Summarily. Level 3 on the standard scale. Discretionary, if committed otherwise than by virtue of subsection (5) or (11). Obligatory, if committed otherwise than by virtue of subsection”
Read it at legislation.gov.ukquote checked 2026-08-25

Stopped while driving →The s.172 duty in full, and the narrow reasonable-diligence defence if you genuinely do not know.

Wants to search the vehicle for stolen goods or a weapon, with a stated reason

Sounds like an ordinary s.1 PACE stop and search

The everyday power, for stolen or prohibited articles. It needs reasonable grounds, not a hunch.

What you must do, and what you can refuse

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.

The officer may detain you for the purpose of carrying out the search.
So walking away from a lawful detention risks arrest. Object verbally, not physically.
Police and Criminal Evidence Act 1984, s.1(2)(b)
“may detain a person or vehicle for the purpose of such a search”
Read it at legislation.gov.ukquote checked 2026-08-25

You can refuse

No penalty for saying no.

You are under no obligation to give your name, address or date of birth for a stop-and-search record.
PACE Code A says so in terms, and adds that you should not even be asked for it for that purpose. The separate anti-social-behaviour power is in the third column.
PACE Code A (2023), paragraph 4.3
“The person is under no obligation to provide this information and they should not be asked to provide it for the purpose of completing the record.”
Read it at legislation.gov.ukquote checked 2026-08-25
A s.1 PACE search is not permitted at all unless the officer has reasonable grounds for suspecting they will find something.
A hunch is not grounds. Neither, on its own, is your race, age or the area you are in.
Police and Criminal Evidence Act 1984, s.1(3)
“This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles”
Read it at legislation.gov.ukquote checked 2026-08-25

Lawful to refuse — but it costs you

Not an offence, but it carries a penalty or an inference.

Refusing, or giving a false name, once that requirement is properly made is an offence carrying a fine up to level 3.
This is the exception that catches people out — it converts an ordinary street stop into a situation where silence is chargeable.
Police Reform Act 2002, s.50(2)
“is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale”
Read it at legislation.gov.ukquote checked 2026-08-25

Stopped and searched in the street →The three stop-and-search powers, what officers must tell you, and what to do afterwards.

Wants to search the vehicle for drugs

Sounds like a search under s.23 Misuse of Drugs Act 1971

This is a grounds-based power specifically for controlled drugs, not the general s.1 PACE power.

A constable needs reasonable grounds to suspect you are in possession of a controlled drug before they can search you under this power.
Misuse of Drugs Act 1971, s.23(2)
“If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act”
Read it at the sourcequote checked 2026-08-25

Stopped and searched in the street →What the officer must tell you before any stop and search, and how to challenge one afterwards.

Says there's an area authorisation and no reason connected to me is needed

Sounds like a s.60 CJPOA area authorisation

A senior officer can authorise searches covering a specific place and time, and within it individual grounds are not needed the way they are under s.1 PACE.

Stopped and searched in the street →Explains all three stop-and-search powers, including the s.60 area authorisation, in its first section.

At a port, airport, or international rail station

What are they doing?

Says I'm being examined under Schedule 7 of the Terrorism Act 2000

Schedule 7, Terrorism Act 2000

The single biggest exception to "you never have to answer police questions" on the whole site.

What you must do, and what you can refuse

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.

Give the examining officer any information in your possession that they request.
Terrorism Act 2000, Schedule 7, paragraph 5
“A person who is questioned under paragraph 2 or 3 must— give the examining officer any information in his possession which the officer requests”
Read it at legislation.gov.ukquote checked 2026-08-25
Wilfully failing to comply is a criminal offence.
Terrorism Act 2000, Schedule 7, paragraph 18(1)
“A person commits an offence if he— wilfully fails to comply with a duty imposed under or by virtue of this Schedule”
Read it at legislation.gov.ukquote checked 2026-08-25
The penalty on summary conviction is up to three months’ imprisonment.
Terrorism Act 2000, Schedule 7, paragraph 18(2)(a)
“imprisonment for a term not exceeding three months”
Read it at legislation.gov.ukquote checked 2026-08-25

Lawful to refuse — but it costs you

Not an offence, but it carries a penalty or an inference.

The power is to question you in order to determine whether you appear to be concerned in terrorism, not because you are already suspected.
So "you had no reason to stop me" is not the objection people expect it to be.
Terrorism Act 2000, Schedule 7, paragraph 2(1)
“An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).”
Read it at legislation.gov.ukquote checked 2026-08-25

Schedule 7: stopped at a port or airport →What you must hand over, and what is still true even under this power.

Something else — an ordinary customs or immigration check

Not Schedule 7 — ask which power applies

This tool only covers Schedule 7 examinations at the border in detail.

Not fully sourced yet: If a different power is being used at the port — an ordinary customs check, or something under immigration law — this site does not have that specific power sourced yet. Ask directly which power is being used before assuming Schedule 7’s "no right to silence" rule applies; it is specific to Schedule 7 itself.

Schedule 7: stopped at a port or airport →The one border power this site has fully sourced, and how it differs from an ordinary stop.

At home, and someone's at the door

What are they asking to do?

Has a search warrant

A search warrant — s.8 PACE 1984

Issued by a justice of the peace, and only on specific grounds.

A warrant can only be issued once a justice of the peace is satisfied there are reasonable grounds for believing an indictable offence has been committed and that the material sought is likely to be relevant evidence.
Police and Criminal Evidence Act 1984, s.8(1)(a) and (c)
“if on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing— that an indictable offence has been committed — that the material is likely to be relevant evidence”
Read it at the sourcequote checked 2026-08-25
When executing it, the officer must identify themselves, produce the warrant, and supply you with a copy of it.
Police and Criminal Evidence Act 1984, s.16(5)
“shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable—shall produce the warrant to him—shall supply him with a copy of it”
Read it at the sourcequote checked 2026-08-25

When police can enter your home →All four lawful routes into a home, and what a warrant must show.

Wants to come in to arrest someone they believe is inside

Entering to make an arrest — s.17 PACE 1984

The most commonly used route into a home, and it is conditional.

A constable may enter and search premises for the purpose of arresting a person for an indictable offence.
Police and Criminal Evidence Act 1984, s.17(1)(b)
“a constable may enter and search any premises for the purpose— of arresting a person for an indictable offence”
Read it at the sourcequote checked 2026-08-25
That power is only exercisable if the constable has reasonable grounds for believing the person they are seeking is on the premises.
Police and Criminal Evidence Act 1984, s.17(2)(a)
“the powers of entry and search conferred by this section— are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises”
Read it at the sourcequote checked 2026-08-25

When police can enter your home →How this route compares with the warrant, emergency, and post-arrest routes.

Says it's an emergency — life at risk, or preventing serious damage

Emergency entry — s.17(1)(e) PACE 1984

The one route that does not need the usual grounds for believing a specific person is present.

A constable may enter and search premises for the purpose of saving life or limb, or preventing serious damage to property.
Police and Criminal Evidence Act 1984, s.17(1)(e)
“of saving life or limb or preventing serious damage to property”
Read it at the sourcequote checked 2026-08-25

When police can enter your home →Why this ground sits outside the usual "reasonable grounds a person is present" condition.

Has just arrested someone here and wants to search the property

Searching after an arrest — s.18 or s.32 PACE 1984

A lawful arrest does not end at the front step. Two separate powers can bring police back into a home.

Officers can search premises occupied or controlled by the arrested person if they have reasonable grounds to suspect there is evidence of the offence there.
Needs written authorisation from an inspector or above, unless it happens on the spot.
Police and Criminal Evidence Act 1984, s.18(1)
“a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates— to that offence”
Read it at the sourcequote checked 2026-08-25
That written-authorisation requirement is what s.18(4) sets out.
Police and Criminal Evidence Act 1984, s.18(4)
“the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing”
Read it at the sourcequote checked 2026-08-25
Separately, officers can search the premises where the arrest took place, or where the person was immediately beforehand, without that extra authorisation.
Police and Criminal Evidence Act 1984, s.32(2)(b)
“if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence”
Read it at the sourcequote checked 2026-08-25

When police can enter your home →The full explanation of both post-arrest search powers, and what force can lawfully be used.

None of the above — they haven't said

No power named yet — ask which one applies

An officer at your door needs a specific legal basis to come in, and there are only four routes.

Not fully sourced yet: Without knowing which of the four routes is being relied on, this tool cannot tell you which rules apply. Asking "what power are you using?" is a fair question, not an obstruction.

When police can enter your home →All four lawful routes police have into a home, in plain terms.

Already under arrest, at a police station

You're under arrest — the custody rights that follow

Once you are arrested the relevant powers switch from street powers to custody rights. These are the two that matter immediately.

What you must do, and what you can refuse

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You can refuse

No penalty for saying no.

You do not have to answer the questions put to you, though there can be consequences if you do not.
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 legislation.gov.ukquote checked 2026-08-25
You are entitled to consult a solicitor privately at any time.
Which is why the two rights are worth using together rather than one instead of the other.
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

Lawful to refuse — but it costs you

Not an offence, but it carries a penalty or an inference.

You are entitled to consult a solicitor privately at any time, and declining that is a choice, not a formality.
Advice is free and the custody clock runs either way, so the trade-off people imagine does not exist.
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

Your rights in police custody →The three things to ask for immediately, and why the duty solicitor is not the police’s solicitor.
How long the police can hold you →The 24/36/96-hour custody clock and what release without charge does and does not mean.
Custody clock tool →Work out the actual milestone times from when detention began.