Arrested, Under Investigation or Charged in England or Wales? Know the System Before It Decides for You.

The police want me to come in for a voluntary interview. Do I need a solicitor for that?

Yes — treat it exactly like an arrest interview, because legally it nearly is. You'll be cautioned, it's recorded, and everything said (and unsaid) carries the same weight. You're entitled to free legal advice for it, and to leave unless arrested. People attend "informal chats" unrepresented every day and talk themselves into charges — or into silence that later counts against them. Arrange the free solicitor before you go; our line can explain what to expect first.

How long can the police keep me in custody?

Twenty-four hours from arrival at the station is the default limit to charge or release. A superintendent can extend to 36 hours for indictable offences; only a magistrates' court can extend further, in stages, to an absolute 96 hours. Terrorism cases have a separate 14-day regime. Under-18s and vulnerable adults must have an appropriate adult, and reviews of detention must happen periodically throughout. After the limit: charge, bail, or release under investigation.

Should I answer police questions or stay silent?

The only honest answer: it depends on facts you and a solicitor should weigh together, before the interview. England and Wales allows courts to draw adverse inferences if you stay silent then later rely on something you could reasonably have mentioned — but wrong or rambling answers sink more cases than silence ever has. The middle route, a written prepared statement followed by no comment, is common for good reason. No inference can ever be drawn from waiting for legal advice — so wait for it.

What does being 'released under investigation' actually mean?

You're free, with no conditions — and no clock. Unlike pre-charge bail (an initial three-month period, extendable in stages), RUI has no statutory time limit; only minor summary-only offences must be charged within six months. Cases return months or years later, often by a postal requisition that's easy to mistake for junk mail. Keep your solicitor's details, preserve anything helpful — messages, receipts, witnesses — and never attend a follow-up interview without advice.

Will I get bail after being charged?

The law starts from yes: the Bail Act presumes bail unless there are substantial grounds to fear you'd abscond, offend, or interfere with witnesses. Courts prefer conditions to custody — residence, reporting to a police station, exclusion zones, electronic tags. Serious offences and bad bail history shift the balance. If remanded, custody time limits cap how long you can be held awaiting trial, and you can apply again as circumstances change.

How long will my case take to reach trial?

Magistrates' cases: quick — around 52 days median from charge to completion. Crown Court: the system's crisis — a record backlog above 80,000 cases, six months median even for resolved cases, and contested trials commonly listed a year or more ahead. Plan work, travel and family around that reality, keep every bail condition meticulously, and use the time: evidence gathering favours the organised.

How much does pleading guilty early actually save?

Up to one-third off the sentence at the first stage of proceedings, dropping to one-quarter after that, and one-tenth on the day of trial. On a Single Justice notice, the written guilty plea keeps up to a third off the fine. Since March 2026, prison sentences of 12 months or less are normally suspended too. But the discount is only a bargain when conviction is realistic — never plead to a defensible charge for the percentage; price the defence first with a solicitor.

What are the alternatives to being charged?

Police and prosecutors can resolve lower-level matters without court: community resolutions, conditional cautions with attached conditions, penalty notices. These sound soft and often aren't — a caution is a formal admission that appears on standard and enhanced DBS checks and can bar some careers and complicate travel. The golden rule: never accept any out-of-court disposal in the room without advice. It's a choice, not an order, and once accepted it cannot be un-accepted.

Will this stay on my record forever?

Usually not. Under the current rules: a fine is spent 12 months after conviction; custody of up to a year, one year after the sentence ends; one to four years, four years after; over four years, seven — with only serious specified offences never spent. Once spent, most employers cannot ask and you need not tell; regulated roles using standard or enhanced checks see more, subject to filtering. Basic DBS certificates show unspent convictions only. Unlock (in our help list) is the expert on living with a record.

Can I get legal aid for court?

At the police station, advice is free for everyone — always. At the magistrates' court, legal aid is means-tested (funded below £12,475 gross income; assessed up to £22,325; automatic for under-18s and those on passporting benefits) plus an interests-of-justice test. At the Crown Court, legal aid is broadly available with income-based contributions, refunded if you're acquitted. The court duty solicitor covers first appearances from custody. If you fall in the gaps, our £145 fixed-fee consultation prices the next step honestly.

Is this a law firm? Is the call really free?

We are not a law firm, and the information line is genuinely free, 24/7, with no limit on questions. You get clear legal information about how the criminal law of England and Wales works — not legal advice on your specific case — and calling creates no solicitor-client relationship. When you want a lawyer's judgment, a one-hour consultation with an expert criminal solicitor is a fixed £145, bookable on the call, price confirmed before you pay anything.