Going to be Arrested? Here's What to Do
Stay calm. You have rights protected by the Police and Criminal Evidence Act 1984 (PACE). The most important thing is to request a FREE solicitor immediately. Don't answer questions until you have legal advice.
Ask for Robert Cashman, Tuckers Duty Solicitor — The DSCC have our details
Available 24/7 at all Kent police stations
The Police and Criminal Evidence Act 1984 (PACE) and its accompanying Codes of Practice govern how the police must treat you when arrested. These are your fundamental rights[1]:
- Right to free legal advice — Section 58 PACE 1984
- Right to have someone informed — Section 56 PACE 1984
- Right to consult the Codes of Practice — PACE Code C, paragraph 3.1
- Right to silence — Common law, modified by Sections 34-37 CJPOA 1994
These rights must be communicated to you by the Custody Officer upon arrival at the police station[2].
5 Things to Do When Arrested in Kent
Stay Calm & Cooperate Physically
Under Section 89 of the Police Act 1996, resisting or obstructing a police officer is a criminal offence. Physical resistance can lead to additional charges. Stay calm and comply with reasonable physical requests, but remember you do not have to answer questions.
Cooperate with physical compliance
Resist, argue, or become aggressive
Legal basis: Police Act 1996, s.89
Give Basic Details Only
You are required to provide your name and address to the Custody Officer under PACE Code C. Beyond this, you have no obligation to answer any questions about the alleged offence until you have received legal advice.
Give name and address when booked in
Discuss the allegation or make excuses
Legal basis: PACE Code C, para 3.4
Request a Solicitor Immediately
Under Section 58 of PACE 1984, you have an absolute right to consult a solicitor privately and free of charge. This right can only be delayed in very limited circumstances for serious arrestable offences. Tell the Custody Sergeant: 'I want a solicitor.'
Ask for Robert Cashman, Tuckers Duty Solicitor (01732 247427)
Accept 'it will be quicker without one'
Legal basis: PACE 1984, s.58
Say Nothing About the Allegation
You have the right to remain silent. While the caution warns that silence 'may harm your defence', a solicitor will advise you on whether to answer questions, give a prepared statement, or remain silent. Do not attempt to 'clear things up' without advice.
Say 'no comment' to questions about the offence
Try to explain or talk your way out of it
Legal basis: PACE Code C, para 10.5
Wait for Your Solicitor Before Interview
Under PACE Code C, paragraph 6.6, you should not be interviewed until you have received legal advice (unless delay would cause unreasonable delay or risk harm). Insist on waiting for your solicitor to arrive and consult with you privately before any interview.
Insist on waiting for your solicitor
Agree to interview without legal advice
Legal basis: PACE Code C, para 6.6
Detention Time Limits Under PACE 1984
Standard Maximum
Section 41 PACE 1984 — The basic time limit for detention without charge[3]
Superintendent Extension
Section 42 PACE 1984 — For indictable offences, authorised by Superintendent[4]
Court Warrant Maximum
Sections 43-44 PACE 1984 — Magistrates' warrant for serious offences only[5]
The detention clock starts from your arrival at the police station (the "relevant time" under Section 41(2)). Your solicitor can challenge continued detention at review hearings.
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Arrested in Kent: FAQs
What should I say when arrested in Kent?
Under PACE Code C, you must provide your name and address when asked by the Custody Officer. Beyond this, you have the right to remain silent about the alleged offence until you have received legal advice. Simply say 'No comment' to any questions about the allegation.
How do I get a solicitor at a Kent police station?
Under Section 58 of PACE 1984, you have an absolute right to free legal advice. Tell the Custody Sergeant: 'I want a solicitor.' You can ask for Robert Cashman, Tuckers Duty Solicitor (01732 247427), or request the duty solicitor. This service is free under Legal Aid and available 24/7.
Can I call my family if arrested in Kent?
Yes. Under Section 56 of PACE 1984, you have the right to have one person informed of your arrest and whereabouts. This is known as the right to have someone informed. Tell the Custody Sergeant who you want contacted.
How long can Kent Police hold me?
Under PACE 1984, the standard detention limit is 24 hours without charge. A Superintendent can authorise extension to 36 hours (Section 42). For indictable offences, magistrates can grant warrants extending detention to a maximum of 96 hours (Sections 43-44).
[1] Police and Criminal Evidence Act 1984, Sections 56, 58; PACE Code C (2019 Revision)
[2] PACE Code C, paragraph 3.1 — Rights to be given on arrival at police station
[3] PACE 1984, Section 41 — Limits on period of detention without charge
[4] PACE 1984, Section 42 — Authorisation of continued detention by superintendent
[5] PACE 1984, Sections 43-44 — Warrants of further detention by magistrates
Going to be Arrested in Kent?
Request a FREE solicitor NOW — it's your right under Section 58 PACE 1984
Ask for Robert Cashman, Tuckers Duty Solicitor — The DSCC have our details
Article v2.0 — Last updated 11/12/2025