Victims Walkthrough - Making an arrest
Arresting the suspect
What the police can do once they reasonably suspect that a person has committed an offence depends on whether the offence carries a power of arrest. Some less serious offences do not have a power of arrest. In such cases the police cannot force the suspect to go to a police station to be questioned, although he or she may volunteer to go to a police station to answer questions.
However, serious crimes such as theft, burglary and most assaults do carry a power of arrest, which means that the police can take the suspect to a police station to be detained and, if necessary, be questioned about the offence on tape.
Once the suspect is at the police station he or she will be told their rights and will be asked if they want a solicitor to represent them. It is up to the suspect to decide whether or not they do. If the suspect is under 17 the police must find an "appropriate adult" to be present during any interview. The adult will usually be a parent, family member, carer or social worker.
In other cases the police will interview the suspect and decide that they have enough evidence to charge him or her with an offence. In some police and CPS areas a scheme is being piloted where, for certain types of offence, the police cannot charge a suspect until a CPS prosecutor has reviewed the case and decided on the correct charge.
Once a suspect has been charged they must appear before a magistrate's court. The police have to decide whether to release them on bail or whether they should be taken to court in custody. In England and Wales a person is innocent until proven guilty in a court and so should not be kept in custody before trial unless there are good reasons for doing so.