Criminal Law in the United Kingdom

I've been arrested — what are my rights right now?

Everywhere in the UK: free legal advice (no means test — ask for the duty solicitor), the right to have someone told where you are, and medical help if needed. England, Wales and Northern Ireland: police can hold you up to 24 hours before charging (36–96 in serious cases on proper authorisation; 14 days only for terrorism). Scotland: 12 hours, extendable to 24, and beyond your identifying details you need say nothing. Once you ask for legal advice, police generally cannot question you until you've had it. Under-18s and vulnerable adults must also have an appropriate adult present.

Should I stay silent in a police interview?

The honest answer: it depends, and that judgment is exactly what the free solicitor is for. In England, Wales and Northern Ireland the caution is real — if you stay silent and later rely in court on something you could reasonably have mentioned, the court may hold that against you; no inference can be drawn, though, from waiting for your solicitor. In Scotland there is no adverse-inference rule and the Crown must corroborate its case. Sometimes silence is right, sometimes a prepared statement, sometimes answers — decide with advice, never alone, and never in a "voluntary" interview either, which is a real interview under caution.

What does "released under investigation" mean? Is it over?

No. Released under investigation means police let you go while enquiries continue — with no statutory time limit, and cases genuinely resurface months or even years later. Pre-charge bail is different: an initial three-month clock, extendable in stages, sometimes with conditions. Only summary-only offences (the minor tier) must be charged within six months. Keep your solicitor's details, preserve anything helpful — messages, receipts, witness names — and get advice again the moment police make contact.

Will I get bail after being charged?

In England and Wales the law starts from a presumption of bail: you get it unless there are substantial grounds to fear you'd fail to attend, offend on bail, or interfere with witnesses — and conditions (residence, reporting, exclusion zones, tags) are the usual middle course. Scotland reformed its bail test in 2025 to focus squarely on public safety and victim protection, with reasons stated on the record. Northern Ireland applies the common-law presumption of liberty. If you're remanded, custody time limits cap how long you can be held awaiting trial.

How long will my case take to get to court?

Magistrates'-level cases move quickly — the current median from charge to completion in England and Wales is around 52 days. Crown Court is another world: a record backlog of roughly 80,000 cases, a median of about six months, and contested trials routinely listed a year or more ahead — with proposals to restrict jury trials under debate but not law. Scotland's backlog has fallen sharply though serious High Court cases keep rising; Northern Ireland remains the slowest, with serious cases often taking well over a year. Plan work, travel and family life around that reality.

How much does pleading guilty early actually save?

Up to one third off the sentence at the first stage of proceedings in England and Wales, dropping to a quarter afterwards and a tenth on the first day of trial; Scotland and Northern Ireland run similar discretionary discounts of up to about a third. Since March 2026, sentences of twelve months or less in England and Wales are normally suspended rather than served. But never plead guilty by post or online to something defensible just for the discount — a conviction is permanent, and checking the defence first with a solicitor is what the fixed-fee consultation is for.

Will a conviction stay on my record forever?

Usually not — but the clock differs sharply by nation. England and Wales: a fine is spent after 12 months; custody up to a year, one year after the sentence ends; one-to-four-year sentences, four years after; only the most serious offences never spend. Scotland runs its own table (a fine spends in 12 months; sentences over four years never spend). Northern Ireland is far harsher: a fine takes five years, and any sentence over 30 months can never become spent. Basic record checks show unspent convictions only; regulated roles see more through standard and enhanced checks.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The line gives you clear general legal information about criminal law and procedure across the UK — not legal advice on your specific case — and calling creates no solicitor-client relationship. At the police station, always use the free duty solicitor. For your own lawyer — before an interview, after a charge, ahead of court — we connect you with an expert criminal solicitor for a one-hour consultation at a fixed £145, bookable on the call.