An arrest is not a finding of guilt, but the decisions made during the first hours of detention can shape the entire investigation. This guide explains the usual process locally and the points at which immediate legal advice is most valuable.
Key points
What to know at a glance
- Ask for legal advice before interview
- Do not assume a voluntary or short interview is unimportant
- Keep every bail condition and court date
- Preserve relevant evidence without altering it
- Contact the firm immediately if police make further contact
The purpose of arrest and detention
Police must have a lawful basis for arrest and detention. The custody officer records the grounds, authorises detention where appropriate and keeps the need for detention under review. The precise powers and time limits depend on the suspected offence and the statutory regime being used. A solicitor can check what has been disclosed, whether the detention is being reviewed properly and whether any additional application is being made.
Your right to free legal advice
A detained person is normally entitled to consult a solicitor privately. Asking for a solicitor should not be treated as an admission or as evidence of guilt. The solicitor obtains available disclosure, identifies evidential or procedural concerns and explains the options before interview. In urgent cases the firm can attend police stations across Belfast and beyond, including outside ordinary office hours.
Disclosure before interview
Police disclosure may be brief and may develop over time. It can include the nature of the allegation, an outline of the evidence and the topics likely to be raised. The defence must assess both what has been disclosed and what may be missing. A sensible interview strategy cannot be chosen without considering the client’s instructions alongside the available evidence.
Answering questions, silence and prepared statements
There is no single interview strategy suitable for every case. Depending on the circumstances, a solicitor may advise answering questions, giving a prepared statement, declining to answer some or all questions, or seeking clarification before proceeding. The potential consequences of silence and the risk of creating an inaccurate or incomplete account must be explained carefully.
Release, charge and bail
After interview, police may release a person without charge, release them while enquiries continue, impose or seek bail conditions, or charge and bring them before a court. The correct response depends on the evidence, the seriousness of the allegation and any identified risk. Addresses, sureties, curfews, reporting and non-contact conditions may become relevant at an early stage.
Preserving your position after release
Do not contact witnesses or complainants, delete messages, discuss the allegation online or breach a condition. Preserve relevant messages, location data, receipts and CCTV details. Keep the solicitor informed of any new police contact or court paperwork. Early organisation can prevent useful evidence being lost and can make a later bail or defence application more focused.
Common questions
Frequently asked questions
Does asking for a solicitor delay release?+
It may add some time, but the purpose is to protect your position. The importance of informed advice normally outweighs the inconvenience.
Can police search my phone?+
Police may have powers to seize and examine devices, but the legal basis, scope and handling of material can be important. Obtain advice before providing passwords or explanations.
What if I am innocent?+
Innocence does not remove the need for careful advice. An inaccurate answer, assumption or incomplete account may still create difficulties.
Who should call if a family member has been arrested?+
A family member can contact the firm with the custody location and full name. The detained person must still request or accept the solicitor.
Primary legal sources
Legislation and official guidance
These sources are provided for transparency. Legislation may be amended or commenced in stages, and reading the statutory text is not a substitute for advice.