Attending a protest / Coronavirus / Police powers / What if I'm arrested?
What if I’m arrested at a protest?
This information was correct as of 5 February 2021, but is subject to possible changes.
This page sets out the law and guidance which is applicable in England only.
On 6 January 2021, a new national lockdown was introduced in England by moving the whole country into Tier 4. The new Tier 4 rules prohibit gatherings of more than two people in most circumstances.
In Tiers 1, 2 and 3, the rules contained a specific exception for attending a protest. In Tier 4, however, there is no exception for attending a protest, meaning if you take part in a protest you may be committing a criminal offence.
What if I’m arrested?
The police should only arrest you if they have good reason to think that you have committed a crime AND they have good reason to think that arresting you is necessary – see our what if I’m arrested? page for further information.
Before arresting you, the police officer should tell you that you are being arrested. They should tell you the offence you are being arrested for and why it is necessary to arrest you.
You should also be told the name or number of the arresting officer, and what police station you are being taken to. Sometimes at large protests the police officers do not always know which station they will take you to.
The police officer may search you. This usually takes the form of a ‘pat down’. Police officers are only allowed to conduct strip searches if they have a good reason to believe you might be hiding items such as weapons or drugs on your person, and this must be done in a private place.
This should be done by an officer of the same gender as you – if you are transgender or non-binary, you can tell the police officer which gender officer you would prefer to search you and they should respect it.
What are my rights once I am arrested?
If you are arrested at a protest, there are some key things to remember:
- The police have the power to demand your name and address if they have reason to believe you have acted in an anti-social manner. It’s an oﬀence to refuse to provide it
- Apart from this, you are under no obligation to provide personal details until you appear in court
- This includes when you are ʻbooked in’ or processed at the police station after an arrest.
Many protesters refuse to provide their personal details until they absolutely have to. They do this to stop the police gaining information about them or the groups they work in.
Refusing to provide your details doesn’t mean that the police are more likely to hold you at the police station. Usually there is a 24-hour limit on detaining someone without charge before you must be released.
Should I tell the police anything?
- Answer “No Comment” to the police at all times until you’ve had legal advice from a solicitor with special knowledge about protests
- Don’t chat with oﬃcers while in a police car or van – or when being ʻbooked in’ at the police station
- You can say “No Comment” at any time during your arrest and questioning. We advise you to do this until you’ve spoken to a solicitor
An exception to the “No Comment” rule is if you are suspected of not being a UK National.
Under section 43A of the UK Borders Act 2007 (as amended in 2017), if a police officer suspects the person they are arresting is not a UK national they can require them to state their nationality and provide documentation.
If you do not do so when required (and you don’t have a reasonable excuse for this), this is an offence.
What if I have a medical problem?
- Tell the police as soon as you’re arrested
- Tell them if you are on medication that you need to take
- Tell them if you have a history of mental health problems or if you are having mental health issues at the time
- Tell them if you want support from an ‘appropriate adult’
Remember: the police are responsible for your health and safety while you are in their custody.
Do you need support from an ‘appropriate adult’?
If you are regarded as ‘vulnerable’ for any reason, like having a history of mental health problems, or you are under the age of 18, you have the right to ask for an ‘appropriate adult’ to support you while at the police station.
The ‘appropriate adult’ can be someone you know and trust. For example, a friend or family member – provided that they weren’t involved in the alleged oﬀence you were arrested for.
Getting a solicitor
You should talk to a solicitor before:
- Being interviewed
- Accepting a caution
- Deciding how to plead to a charge
Police stations have independent solicitors on duty to advise people who have been arrested. But they might not be experts on protest law.
Before you go on a protest find a solicitor who is an expert on protest law and keep a note of their name and phone number.
Their services will be free, so don’t worry that a solicitor you call will cost money.
The only difference is that a protest solicitor may be able to give you more specialist advice on the offence(s) you have been arrested for.
If you have to go to court, we also advise you to have a solicitor. You might want to argue for your beliefs yourself – but court hearings are complicated and a solicitor can help you navigate the process.
There are a number of solicitors offering protest advice during this time. The following solicitors firms have offered free 24/7 help to protesters:
- Commons: 020 3865 5403
- ITN Solicitors: 020 3909 8100
- Hodge Jones Allen (HJA): 0844 848 0222
- Bindmans: 020 7305 5638
Do not accept a caution without first taking legal advice from a protest solicitor.
A ‘caution’ is an admission of guilt and stays on your criminal record. There are rules that the police must follow when giving a caution, so you should speak to a solicitor about this as soon as you can.
You have the right to have someone informed of your arrest, an interpreter if English isn’t your first language, and an appropriate adult if you’re under 18 or a vulnerable person.
For other protest support, you can contact:
- Green and Black Cross Protest Support Line on 07946541511 or
- email email@example.com
If you feel you have been mistreated by the police due to your race or ethnicity, you can make a complaint, or for legal help contact the Black Protest Legal Support Group by emailing firstname.lastname@example.org.
What are my rights on this?
Find out more about your rights and how the Human Rights Act protects them
Did you find this content useful?
Help us make our content even better by letting us know whether you found this page useful or not