Family Member Arrested: What to Do

Urgent criminal defence advice

Someone in my family has been arrested—what should I do?

If a family member has been arrested in England or Wales, ask which police station they have been taken to and tell the custody staff that they want legal advice from Ghafar Khan. A person in custody has the right to free, independent legal advice before police questioning.

Call 24/7: 07500 556587 WhatsApp Ghafar Khan

What can a relative do immediately?

  • Find out the police station and, if available, the custody reference.
  • Ask the custody desk to record the request for Ghafar Khan to be contacted.
  • Keep any paperwork, messages or information that may help the defence. Do not delete or alter material.
  • Do not discuss the allegation on social media or contact witnesses about what they should say.

The police may be limited in what they can tell relatives, particularly where the detained person is an adult. A solicitor can advise the person privately, check the basis of detention and provide representation during interview.

Free legal advice and legal aid at the police station

Legal advice at the police station is free. It is not means-tested, and asking for a solicitor does not suggest guilt. The detained person may ask for the duty solicitor or request Ghafar Khan by name. Once legal advice has been requested, questioning will normally wait until advice has been received, subject to limited exceptions.

For a child or vulnerable adult, the police must arrange an appropriate adult. That role is separate from the solicitor’s role.

Official guidance: legal advice at the police station and rights in custody.

What happens after interview?

The person may be released with no further action, released under investigation, released on bail or charged. If the case continues, early advice can help preserve evidence, address bail conditions and prepare for court. Criminal legal aid work is accepted. For court representation, eligibility rules apply and an application can be completed and submitted with the defence team.

Read next: Being prosecuted—what happens next? or see offences we defend.

How long can someone be kept at the police station?

In many cases the police can hold a person for up to 24 hours before charging or releasing them. Longer detention can be authorised in some serious investigations. Families should avoid relying on guesswork about release times because custody reviews, interviews, searches and other enquiries can affect the timetable.

If you are worried about a delay, keep a note of when the arrest happened, the police station involved and any contact you have had with the custody desk or investigating officer.

Useful information to give the solicitor

  • The detained person’s full name and date of birth.
  • The police station and, if known, custody reference.
  • The officer’s name or investigation team if known.
  • Any urgent medical, mental-health or vulnerability issues.
  • Details of medication or caring responsibilities that may need to be raised.
  • Any obvious evidence that should be preserved, such as CCTV, messages, receipts or travel records.

Do not ask relatives, friends or witnesses to coordinate accounts. Preserve information and let the solicitor decide what should be provided to the police and when.

Frequently asked questions

Can I choose a solicitor for my family member?

You can ask the police to contact a named solicitor, but the detained person must agree to receive that advice unless special rules apply.

Can the police tell me why my family member has been arrested?

Sometimes only limited information will be given to relatives, particularly where the detained person is an adult. The detained person is entitled to be told the offence they are suspected of and why they have been arrested and detained.

Can I speak to them while they are in custody?

Not necessarily. Contact with family is controlled by the custody process and circumstances of the investigation. The detained person does have a right to have someone informed that they are at the police station, subject to limited lawful exceptions.

Should they answer police questions?

That depends on the allegation, disclosure and the evidence. They should obtain legal advice before deciding whether to answer questions, provide a prepared statement or exercise the right to silence.

What if my family member is under 18 or vulnerable?

The police must arrange an appropriate adult for a child or vulnerable adult. The appropriate adult helps safeguard their rights and welfare but does not replace a criminal defence solicitor.

What happens if they are charged?

They may be released on bail to attend court or kept in custody for a court hearing. The first hearing after charge is normally in the Magistrates’ Court, even if the case may later proceed to the Crown Court.

Urgent help after an arrest

Ghafar Khan, Criminal Defence Solicitor and High Court Advocate
24/7 mobile: 07500 556587
Email: notguilty@ghafarkhan.com
Acting throughout England and Wales · #CALLGFA

This page provides general information only. Legal advice depends on the facts of the individual case.

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