Your Rights in a Criminal Investigation
No matter what stage of a criminal investigation you are in, you have important legal rights. It’s crucial to understand them so that you can exercise them properly and ensure investigators and prosecutors respect them.
Using your rights gives you the strongest possible basis for your defence.
Before You Are Charged
While in Police Custody
You have several rights and responsibilities if you are detained.
Your general rights include:
- Free legal advice.
- To tell someone where you are.
- Medical help if you need it.
- To see the rules the police must follow.
- To see a written notice explaining your rights (in your language or explained by an interpreter).
- To refuse to give blood/urine samples or dental impressions unless connected to a drink or drug driving allegation.
How long you can be held
Normally the maximum is 24 hours before you must be released or charged. This can be extended to 36 or 96 hours for serious crimes (e.g. murder). Under the Terrorism Act, you may be held for up to 14 days without charge.
Things you cannot contest
Some procedures are routine and cannot be refused, including:
- Being searched.
- Having your possessions stored securely while in custody.
- Having photographs, fingerprints, and DNA samples (such as swabs) taken.
- Being swabbed on the surface of your hands and arms.
- Having your details and arrest recorded in the police database (with exceptions later).
Legal Advice Rights
Before questioning, you must be told about your right to free legal advice. You can choose:
- A free duty solicitor (provided by but independent from the police).
- Your own private solicitor.
In rare cases, advice may be given over the phone.
Rarely, questioning may start before you see a solicitor - but only if a senior officer authorises it. The maximum wait time for legal advice is 36 hours in most cases, or 48 hours if arrested for terrorism.
Rights During Police Interview
Before questioning, you will be read the police caution:
“You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
You may:
- Remain completely silent (“no comment” interview).
- Answer all questions.
- Answer some questions but not others.
- Have your solicitor read a prepared statement on your behalf.
Be aware: If you remain silent, the court may take this into account and it could harm for your defence later.
If You’re Under 18
There are special rights for under 18s, including:
- The presence of an appropriate adult during questioning.
- Not to be put in a cell unless there is nowhere else safe/comfortable at the station.
- Not to be put in a cell with an adult.
- To have an activity e.g. reading or drawing, unless it is deemed a risk to your safety.
- If you’re female, to have a female member of staff to look after you.
Your Rights on Bail
If released on pre-charge bail (without charges but with conditions), you still have rights:
- Presumption of innocence.
- To know and challenge bail conditions.
- Right to legal advice.
- Right to privacy - the police cannot publish your details.
- Right not to be harassed.
- Medical and welfare support if conditions affect health or housing.
- Right to work, study, and travel (unless restricted by bail conditions for valid reasons).
- Timely review - bail cannot be indefinite.
- Right not to be punished for exercising your rights.
If released under investigation (RUI) instead of bail:
- No bail conditions.
- You must be kept updated on the progress of the investigation (though not given full details).
- You may complain about unreasonable delays.
Your Rights After Being Charged
Your rights continue after you are charged. Failure by the authorities to respect them could lead to your case being dismissed.
Bail vs Custody
You may be released on post-charge bail or remanded in custody.
You have the right not to be detained without lawful justification - so you can only be remanded in custody if there is a real need for it. If you are kept in custody, you can appeal the decision.
If you are released on bail, you have the right to appeal any of your bail conditions.
Defence Rights
You are entitled to:
- Legal advice.
- A solicitor to represent you.
- Disclosure of the prosecution’s evidence.
- Disclosure of evidence that may help your defence.
- Adequate time and information to prepare.
- Requesting evidence, calling witnesses, and applying for expert reports.
- A fair trial.
Your Rights After Conviction
If convicted, you have the right to appeal:
- Against your conviction.
- Against your sentence.
Usually, you must appeal within 21-28 days of conviction or sentencing (depending on the Court your trial took place). You are entitled to legal advice about this process.
Understanding Your Rights Is Critical
A good solicitor will do more than craft an outstanding defence for you. They will support you through the process, ensuring you understand everything that is happening and why. They will give you regular progress reports and be available to speak to when you need them.
At Holborn Adams, we believe that top-tier client care is as important as a strong defence strategy.
If you’re facing a criminal investigation or charges, please contact us today.
