Steps to Take After Being Arrested for Assault in the UK

Introduction

Being arrested for assault is frightening. You may feel angry, confused, or ashamed. But what you do in the first few hours after arrest can determine whether you are charged, convicted, or even go to prison. Assault covers everything from pushing someone in an argument to serious wounding with a weapon. Each case is different, but the immediate steps are the same.

This guide walks you through exactly what to do after an arrest for assault  from the police station to court. And why do you need a criminal defence lawyer London or Essex firm immediately.

1. Stay Calm and Exercise Your Right to Silence

You are under arrest. The police caution will read: “You do not have to say anything…” This is not a suggestion. Politely say: “I want to speak to a solicitor. I am not answering any questions until my solicitor arrives.” Then remain silent.

Do not apologise, do not explain, do not make excuses. Anything you say will be written down and used against you. Even “I’m sorry, it was an accident” can be used as an admission.

2. Ask for a Solicitor Immediately – It Is Free

Under PACE, you have the right to free and independent legal advice at the police station. Do not say “I’ll call my own solicitor later” – you can, but also accept the duty solicitor if yours is not available. The duty solicitor is a qualified criminal defence solicitor essex or London equivalent.

If you want Advice Wise Solicitors specifically, ask the custody officer to call our 24/7 emergency line. We will attend within the hour.

3. The Custody Process – What Happens

Once at the station:

• You will be booked in by a custody sergeant.

• Your property will be seized (phone, wallet, belt, shoelaces for safety).

• You will be offered food, drink, and a break.

• You will be told why you are arrested (e.g., “assault occasioning actual bodily harm” under s.47 Offences Against the Person Act 1861).

• A solicitor will arrive and speak to you privately.

The custody sergeant decides if there is enough evidence to detain you. They can release you without charge, on bail, or keep you for up to 24 hours (longer for serious offences).

4. Common Assault Offences and Their Penalties

• Common assault (s.39 Criminal Justice Act 1988) – No injury or minor injury. Max 6 months and/or fine.

• Assault occasioning actual bodily harm (ABH) (s.47) – Injury more than trivial (bruises, cuts, broken tooth). Max 5 years.

• Grievous bodily harm (GBH) / wounding (s.20) – Serious injury but no intent. Max 5 years.

• GBH with intent (s.18) – Intention to cause serious harm. Max life imprisonment.

The police will decide which offence to investigate based on the injury and your intent. A best criminal defence solicitor in London can argue for a lesser charge.

5. The Police Interview – Your Solicitor’s Role

Your solicitor will obtain disclosure from the police – what the alleged victim said, any CCTV, medical evidence. Then they will advise you on how to answer. Options include:

• Full answers – If the evidence is weak or you have a clear defence (e.g., self‑defence).

• No comment – If answering may incriminate you or you want to force the police to prove the case.

• Prepared statement – e.g., “I deny the assault. I acted in self‑defence. I will provide a full defence at court.”

Never lie. Never guess. Never lose your temper. Your solicitor will be in the interview with you.

6. Self‑Defence – The Most Common Defence

Under the Criminal Justice and Immigration Act 2008, a person may use reasonable force to defend themselves, another person, or property. The key questions:

• Was force necessary? (You genuinely believed you were about to be attacked.)

• Was the force reasonable in the circumstances? (Not disproportionate or vindictive.)

If you were defending yourself, tell your solicitor the full story. They will gather evidence  witness statements, CCTV, photos of your injuries.

7. After the Interview – Possible Outcomes

• Released under investigation (RUI) – No bail, but the investigation continues. You may be charged weeks or months later.

• Released on bail – You must return on a future date. Conditions may include not contacting the alleged victim.

• Charged – You are formally charged and given a court date. You may be remanded in custody or released on bail.

If charged, your solicitor will represent you at the first hearing. For a first offence of common assault with no injuries, you may receive a conditional discharge or fine. For GBH, you could face years in prison.

8. Why You Need a Specialist Criminal Defence Solicitor

Assault cases often hinge on witness credibility, missing CCTV, or police errors. A criminal defence lawyer London with assault experience will:

• Request and review all unused material (e.g., police body‑worn footage).

• Identify inconsistencies in the complainant’s story.

• Instruct a forensic medical expert to challenge injury reports.

• Negotiate with the CPS for a lesser charge or out‑of‑court disposal.

Searching defense lawyers near me is fine, but ensure they have a proven record in assault defence.

9. What About Domestic Assault Allegations?

If the alleged victim is a partner or family member, special rules apply. The police will almost always arrest and charge, even if the alleged victim does not want to press charges. Domestic assault is treated very seriously. You need a solicitor who understands the nuances of domestic abuse allegations, including false allegations made during family breakdowns.

Conclusion

Being arrested for assault is not the end. Many cases are dropped due to lack of evidence or successful self‑defence arguments. But the clock starts ticking the moment you are handcuffed. Do not speak to police without a solicitor.

Contact  Advice Wise Solicitors immediately. Our criminal defence solicitors London and Essex teams are available 24/7 for police station attendances.