If you find out that a family member or other loved one has been arrested, you may be wondering what you can do to help them. It is an understandably distressing situation to be in, but it’s important to try and remain composed; doing this will allow you to best support your family member. This guide will cover what to expect and how to help:
During Arrest
If you are present at the arrest, you should be aware that the police are obliged to do the following:
- Identify themselves as police officers, showing their police warrant card
- Inform the individual that they are being arrested and what crime it is that they are suspected of committing
- State why they must be arrested
You can ask what station they are being taken to. Try to remain calm and polite so as to not worsen the situation; try to ensure your family member does the same.
Location
If you are not present during the arrest of your family member, the first thing you should do is locate the police station where they are being held. They should have been allowed to make a short call, but if this has not been received, then you can contact the local police forces yourself to find out if they have been brought in.
Legal Advice
Your loved one has a right to free legal advice, and once you have found out where your loved one is being held, you can instruct a solicitor on their behalf. This may be extremely helpful as early legal advice has been found to substantially improve outcomes and solicitors can ensure that their rights are protected.
Even if the initial offer of legal advice has been turned down, this can still be requested later. Make sure your family member is aware of their right to a solicitor and that they do not have to answer any questions the police ask (apart from their name, address and date of birth).
Other rights
Anyone who has been arrested is also entitled to medical help, rest breaks and meals as needed. If your family member is under the age of eighteen or is classed as a vulnerable adult, then you may be able to act as an appropriate adult for them. This means that you can be present during all searches and interviews conducted.
Police do not need permission to take photographs, DNA samples, skin swabs or fingerprints from your loved one. They do need permission to take blood and urine samples as well as dental impressions, except in connection with drink or drug driving. As an appropriate adult, you must be present when police collect samples.
The police can hold individuals for up to 24 hours before charging them with a crime or releasing them. In the case of serious crimes they can apply to hold them for 36 or 96 hours. If they are arrested under the Terrorism Act, they can be held without charge for up to 14 days.
Can I visit someone in police custody?
Unfortunately, visits are not generally permitted for someone who is being held in police custody. However, you can provide information to their solicitor and being there to meet them when they are released from custody is extremely beneficial, as is helping them to get home.
What else can I do to help?
It can be stressful for everyone involved in a family member’s arrest; you may be experiencing a lot of different emotions yourself, such as anger, confusion and shock. However, try to not judge your family members or make assumptions about what has happened. Helping someone through a difficult time does not mean that you approve of their behaviour; it is possible to care about them whilst still acknowledging that they may need to take responsibility for their actions. It is unlikely to help the situation or encourage positive change if you shame them.
Remember that whilst you may want to understand what has happened, they may not be willing or comfortable doing so, especially at first. You can let them know that you are willing to listen if they want to talk, or you could ask them how they are feeling. They are likely to be worried about how what has happened will impact their life and scared about what will happen next. They may feel embarrassed or ashamed. It can be helpful simply to know that someone is there and willing to listen.
It may be beneficial to help them with basic daily tasks such as cooking and cleaning. Ensuring they have somewhere safe to stay, as well as helping them to remember and attend appointments. Encourage them to reconnect to their normal life by returning to old hobbies or routines. You could go for a walk, play a game or watch something together.
You could also encourage them to take things one step at a time and focus on what they can control. They may be spending a lot of time worrying about what will happen next, so it can be helpful to focus on immediate needs such as getting enough sleep, eating regularly, attending appointments and having a safe place to stay. Where appropriate, encourage them to seek advice from their solicitor or another professional about any legal concerns, rather than trying to provide answers yourself.
Try to be mindful of changes in their behaviour or mental health following the arrest. They may become more withdrawn, irritable, anxious or have difficulty sleeping, eating or concentrating. If you notice that they are using more alcohol or drugs, isolating themselves or struggling to manage their usual activities, this may be a sign that they need additional support. You can encourage them to speak to their GP or mental health professional and offer to help them access support if they would find this difficult.
It may also help to agree on how you can support each other during this time. For example, you could check in with them regularly, agree on who they can contact if they become overwhelmed, or identify activities that help them feel calmer. Try to give them space when they need it while letting them know that support is available when they are ready to ask for it.
If they are struggling with ongoing mental health conditions such as anxiety and low mood or related issues such as difficulty sleeping or lack of appetite, it may be worth encouraging them to speak to their GP or a mental health professional. If they are having life-ending thoughts or thoughts about hurting themself, do not dismiss this and help them to access urgent support. You can call 999 or 111 for someone experiencing a mental health crisis; they can send out a Mental Health Response Vehicle, which will have specially trained paramedics onboard.
It is also important to look after yourself; you will likely have a lot of feelings about the situation yourself as well as supporting your loved one. This can be emotionally draining as well as demanding much of your time and energy. Remember that you do not have to do everything for them; it is okay to need to take a step back or have some space. Look after yourself and your own needs and talk to someone you trust if you need to. You need to support yourself in order to be able to support them.
Helplines
Samaritans
Samaritans is a charity providing emotional support to anyone who is struggling to cope or needs someone to talk to. They are there for people experiencing all sorts of difficulties, including stress, anxiety, loneliness, relationship or family problems, bereavement, feeling overwhelmed and concerns about mental health or suicide.
Phone: 116 123
Opening times: 24 hours a day, 7 days a week, 365 days a year
Website: http://www.samaritans.org
The Defendant
Offers a free, confidential helpline providing emotional and practical support for defendants in the criminal justice system. The helpline is based on appointments and therefore emailing ahead is required.
Email: support@thedefendant.org.uk
Nacro
Offers practical advice, information and housing for young people at risk of offending or navigating community sentences.
Phone: 0300 123 1999
Email: helpline@nacro.org.uk
Website: https://www.nacro.org.uk/
Prisoners’ families helpline
Offers free, confidential support and advice for families in England and Wales who have a loved one in contact with the criminal justice system.
Phone: 0808 808 2003- lines are open Monday- Friday 9am- 8pm, Saturday- Sunday 10am-3pm
Website: https://www.prisonersfamilies.org/
Support For Us 