Getting Arrested Guide:

Released or charged?

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How long can the police hold you without charge?

If they believe that you have committed an offence the police can generally hold you for 24 hours before they must charge you or release you. For more serious crimes, the police can apply to the court to hold you for up to 4 days (96 hours).

However, if you are arrested under the Terrorism Act, the police can hold you for much longer.

Released, Bailed, Charged?

Once the police reach the time limit of how long they can detain you, they will decide whether to release you or charge you.

The following options are possible:

  • Release without charge: the police have found insufficient evidence to charge you with a crime or that you have committed an offence, and you will be free to take your possessions and go home

  • A reprimand or final warning: the police might decide to give you a warning or reprimand instead of charging you with an offence; this is likely if there is evidence against you, but it is a first minor offence. If you have already been convicted of an offence this is unlikely to happen.

    • A final warning will be made if it is a first but serious offence or follows a reprimand.

    • A final warning will be referred to the Youth Offending Team.

  • Release on bail without charge: the police can release you on bail if they don’t have enough evidence to charge you but still suspect you may be involved in a crime, and they want to continue their investigation. You don’t have to pay to be released on police bail, but you’ll have to return to the station for further questioning when asked.

  • Conditional bail without charge: the police can release you on conditional bail, meaning that they may restrict you in some way such as imposing curfews or tags; they may do this if they suspect you may:

    • Fail to turn up to court

    • Commit another offence

    • Intimidate witnesses

    • Obstruct the course of justice

    • Abscond

  • Charge you with an offence:  You can be charged if the police believe they have enough evidence against you, in which case you will be given a charge sheet. For more serious crimes, the police will then decide whether to let you out on bail until the time of your trial or whether you will need to be imprisoned until that time. If you are allowed to go home, you will have to agree to certain conditions such as not leaving a specified area / the country and not approaching witnesses. If you do not stick to these conditions and the police find out, you will likely be arrested again and may risk being imprisoned until your trial.

What Happens Next?

Even if you have been charged, the Crown Prosecution Service still need to agree that the case is strong enough to proceed to trial. Our experienced criminal solicitors, rated five stars on google, are often successful at persuading the CPS to discontinue a case at this stage through detailed and forensic representations.

If you or someone you know needs emergency legal representation, our expert solicitors can provide immediate legal representation anywhere in the UK. Please call us on 0203 858 0851 (24 hours).

Please note: this is a general guide to the powers of the police if you are arrested. It does not constitute legal advice. If you require legal advice on your case, please contact our qualified solicitors.

 
 

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