Being arrested by the police is an unsettling experience. For many people, it happens suddenly and without warning, leaving them anxious, confused and unsure of what will happen next. Whether you have been arrested yourself or a loved one has been taken into custody, understanding the process can help reduce fear and ensure your rights are protected from the outset.

As experienced criminal defence solicitors based in Ebbw Vale, South Wales, we regularly advise clients at the very earliest stages of a police investigation.

Below, we’d like to take this opportunity to explain what typically happens after a police arrest in Wales and England, what your legal rights are, and why early legal advice can make a crucial difference.

When can the police arrest you?

Under UK law, the police may arrest you if they have reasonable grounds to suspect you have committed, are committing, or are about to commit a criminal offence. An arrest must also be considered necessary, for example to allow a prompt investigation, prevent harm, or stop you from disappearing.

When you are arrested, the officer should tell you:

• that you are under arrest
• the reason for the arrest
• the offence you are suspected of committing

You should also be cautioned. This is the familiar wording beginning with “You do not have to say anything…”.

While it may sound routine, it has serious legal significance and should never be ignored.

Being taken to the police station

After an arrest, you will usually be taken to a police station and placed in custody.

In Wales, custody procedures follow the same national framework as the rest of England and Wales, governed by the Police and Criminal Evidence Act 1984 (PACE).

Once at the station, you will be booked into custody by a custody officer. This officer is independent from the arresting officer and is responsible for ensuring your detention is lawful and proportionate.

At this stage, your personal details will be recorded and you may be searched.

In some cases, fingerprints, photographs and DNA samples may be taken. These powers are tightly regulated, but they are commonly exercised following an arrest.

Read: A beginner’s guide to the criminal court system in Wales

Your rights in police custody

One of the most important things to understand is that being arrested does not mean you are guilty. The law provides clear protections for anyone detained by the police.

You have the right to:

• free legal advice from a solicitor
• have someone informed of your arrest
• consult the Codes of Practice governing police conduct

You also have the right to remain silent, although this should always be exercised with care. Staying silent without legal advice can sometimes harm your case later, particularly if adverse inferences are drawn at court. This is why speaking to a criminal defence solicitor as early as possible is so important.

The role of the custody officer

The custody officer must regularly review whether it is still necessary to keep you detained. These reviews take place at set intervals and are designed to ensure that people are not held for longer than required.

In most cases, the maximum time the police can keep you in custody without charge is 24 hours. For more serious offences, this can be extended to 36 hours, and in exceptional circumstances up to 96 hours, but only with proper authorisation.

Police interviews and what to expect

One of the most significant moments after an arrest is the police interview. This is where the police put allegations to you and ask for your account.

Police interviews are normally recorded and can later be used as evidence in court. Anything you say, or fail to say, may have legal consequences further down the line.

Before any interview takes place, you should always speak to a solicitor. Legal advice at this stage is free and confidential. A criminal defence solicitor will explain the allegations, review the evidence disclosed by the police, and advise you on the best way to respond.

In our experience, clients who attend interviews without legal advice often regret it later.

Can you be released without charge?

Yes. In many cases, after interview and initial enquiries, the police may decide to release you rather than charge you immediately.

This can happen in several ways. You may be released under investigation (often referred to as RUI), meaning enquiries are ongoing but you are not currently on bail. Alternatively, you may be released on police bail with conditions, such as reporting to a police station or avoiding contact with certain individuals.

Being released does not mean the matter is over, but it does mean you are no longer in custody while the investigation continues.

What happens if you are charged?

If the police believe there is sufficient evidence and it is in the public interest to prosecute, you may be charged with a criminal offence.

This decision is often made in consultation with the Crown Prosecution Service (CPS).

If charged, you may either be:

• released on bail to attend court at a later date, or
• kept in custody to appear before a court as soon as possible

The seriousness of the allegation, your previous history, and any perceived risks will all be considered.

Read: What to expect when facing criminal charges in Wales

Attending court after arrest

Most criminal cases begin in the Magistrates’ Court. More serious offences may be sent to the Crown Court. The court process can feel overwhelming, particularly for first-time defendants, but this is where experienced criminal defence representation becomes invaluable.

A solicitor will guide you through the process, explain what to expect, and ensure your case is presented properly from the outset.

Why early legal advice matters

From the moment of arrest, decisions are being made that can affect the outcome of your case. Evidence is gathered, statements are recorded, and procedures are followed that may later be challenged.

Having a criminal defence solicitor involved early allows potential issues to be identified immediately. It also ensures that your rights are respected and that you are not disadvantaged by stress, confusion or lack of information.

As local criminal defence solicitors serving Ebbw Vale and the wider South Wales area, we at Fonseca Law pride ourselves on providing calm, practical advice when our clients need it most.

Supporting you through a difficult time

An arrest can feel like your world has been turned upside down. It is normal to feel frightened, angry or uncertain about the future. Our role is not just to deal with the legal technicalities, but to support and reassure you throughout the process.

If you or someone close to you has been arrested, getting proper legal advice early can make all the difference.