What can I do if a friend or loved one is arrested?

If somebody close to you is arrested, whether it be a friend, a partner or a relative, this will inevitably be a stressful and upsetting time for you, and of course your loved one. There are various things that you can do to support your loved one, but you need to remain calm so that your actions do not aggravate the situation.  

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What should I do if I am present at the time of the arrest? 

When arresting someone, the police are obliged to: 

• Identify themselves as police officers 

• Inform the person they are being arrested, and of what crime they are suspected of committing 

• Explain why it is necessary that they are arrested, stating why you are not free to leave 

An under 18-year old should only be arrested at school if it is completely unavoidable and the headteacher has to be informed about the arrest. 

If you are with someone when they are stopped and arrested by the police, it is important to ensure that the arresting officer shows their police warrant card confirming to you their identity and authority. Also, make sure that they state the grounds on which they are making the arrest. You may wish to ask which police station your loved one is being taken to. 

Always remain calm and polite when clarifying this information, treat your interaction as a conversation, and avoid aggravating the situation. Encourage your loved one to also remain calm: an attempt to escape or become violent may result in the police legitimately using reasonable force on them to restrain them, as well as further criminal charges. 

In light of recent events around the murder of Sarah Everard, new procedures are being determined where a lone, plain clothed police officer intends to arrest someone. 

Can I see or speak to them when they are in custody? 

Following arrest, the police will take the suspect to police custody, where they will be temporarily detained, generally in a cell at a police station.  

If a suspect is to be questioned by the police in custody, then they are entitled to free legal advice. Even if they initially turn this down, they can change their mind and request this at a later time. The suspect can get advice from: 

• The duty solicitor at the police station 

• A lawyer from the Defence Solicitor Call Centre 

• Their own solicitor 

The police have the right to take photographs of the suspect as well as fingerprints and DNA samples and they do not need permission to do this. Blood, urine or dental impression do require permission and authority of a senior officer, except in connection for drink or drug driving. 

A suspect’s mobile phone and other personal possessions will be taken from them in custody, so you will be unable to freely contact them.  However, they will be entitled to nominate someone to be notified of their arrest, therefore you may receive a phone call informing you of that a loved one is in custody. 

Can I bring food or drink to them while in custody? 

Regular meals and access to water are provided to suspects in custody. External meals can only be brought in for them in exceptional circumstances, such as on religious or medical grounds. But this would need to be professional prepared and sealed. 

When can I expect to see my loved one again after they have been arrested? 

The police can only hold a suspect in custody for 24 hours following their arrest. This can be extended to 36 or 96 hours if a suspect is charged of a serious crime such as murder, and to 14 days if the arrest was made under the Terrorism Act 2006. 

At the end of the custodial period, the suspect will either be: 

• Released without a criminal charge, meaning they are free to return home 

• Released without a criminal charge but on police bail, meaning they can return home but may be called back to the police station at any time for further questioning 

• Released with a criminal charge but on conditional bail, meaning they must adhere to additional restrictions (for example, a curfew or living at a certain addres) until the date of their first court hearing 

• Detained in police custody with a criminal charge.   The suspect will remain in police custody, unable to return home, until the court hearing 

Conditional bail will be applied if the police believe the suspect may 

• Commit further offences 

• Fail to attend their court hearing 

• Intimidate other witnesses 

• Obstruct the court of justice 

If your loved one is released on bail following their arrest, highlight to them the importance of adhering to any restrictions placed upon them by the terms of the bail. Failure to comply with bail terms can lead to another arrest. Moreover, failure to attend a court or police station when required to do so during bail is a crime.