Q. I've been arrested - what will happen to me when I arrive at the Police Station?
You will be placed in the charge of a Custody Officer, who is usually a Police Sergeant. The
Custody Officer has overall responsibility for you whilst you are at the Police Station. He will take
no part in the investigation of any offences of which you might be suspected.
Q. What are my rights at the Police Station?
Your three main rights are:
- To contact a Solicitor free of charge.
- To have someone told that you have been arrested.
- To consult the Police and Criminal Evidence Act Code of Practice of Police Powers and
Procedures.
Q. What if my Solicitor can't get to the Police Station?
You have the right to speak to him or her on the telephone in private.
Q. What if I don't know any Solicitors?
Many Police Stations have a list of local Solicitors who specialise in criminal defence work, which
they will let you look at. Alternatively, you can consult a duty Solicitor.
Q. What if I tell the Police that I don't want to consult a Solicitor, but then I change
my mind.
Your rights continue throughout the period that you are at the Police Station, so you are perfectly
entitled to change your mind and consult a Solicitor at any time.
Q. How much will this cost me?
Absolutely nothing. You are entitled to FREE independent legal advice at a Police Station,
whatever your financial position may be.
Q. Can the Police delay my access to a Solicitor?
Only in exceptional circumstances.
Q. Should I ask to speak to a Solicitor?
It would certainly be sensible to do so.
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Q. I've been told that I'm allowed one phone call - if I speak to a Solicitor, won't
that
be that 'use up' my right to a phone call?
No, your right to speak to a Solicitor is in addition to your right to have someone told that you have
been arrested or to speak to anybody
else. Q. I want to tell someone that I've been arrested, but the Police won't let me -
what should I do?
The Police can delay your right to speak to someone else in certain circumstances. If they tell
you
that
they are delaying your right, you
should ask to speak to a Solicitor for advice. Q. What if I'm a minor and I don't my parents to know I've been arrested?
The Police MUST try to find out who is responsible for your welfare - and in most cases this
is
your
parents - and MUST tell them that you
have been arrested, why you have been arrested,
and
where
you are being detained. Q. So can my parents instruct a Solicitor for me?
Yes, and you would be well advised to take that option.
Q. The Police want to interview me - what should I do?
You have the right to have a Solicitor present at all times when you are interviewed. It would
be
sensible to at least speak to a Solicitor
for advice prior to your interview.
Q. Will there be a record kept of my interview?
Yes, all interviews are tape recorded unless the tape recording equipment at the Police
Station
has
broken down, or there is no
interview room available and the Custody Officer
considers that
the
interview should not be delayed.
Q. What is the procedure in an interview?
Each Police Force adopts slightly different procedures, but there are certain minimum
requirements.
The tapes, which are to be used,
must be a new, clean set of tapes. Two
tapes
are used - one copy
is sealed in your presence at the end of your interview (so that it
cannot be
tampered with) and the
other is used as a working copy. Everyone present in
the room must
introduce themselves (so that
anybody listening to the tape can tell who
it is that is speaking) and
the date, time and place of the
interview must be stated. You must
also be given written notice
telling you what will happen to the
tapes.
Q. Can I get a copy of the tape?
Only if you are charged with a criminal offence.
Q. What if I am not charged with a criminal offence?
Then the tape will be destroyed.
Q. Will the interview be under caution?
Yes at the beginning of the interview you will be told 'You do not have to say anything, but it may
harm
your defence if you do not mention
when questioned something which you later rely on
in
court.
Anything you do say may be given in evidence'.
Q. If I am a minor, can I have an adult present with me in the interview?
If you are seventeen years old or younger, then you MUST have an 'appropriate adult' present
when
you are interviewed.
Q. What is an appropriate adult?
Usually one of your parents or another adult member of the family. If there is no such person
available, then a member of the local Youth Offending Team will act as an appropriate adult.
The
Youth Offending Team are completely independent from the police. Q. What is the role of an appropriate adult?
To assist and advise you and to make sure that you understand the questions that the
Police are
asking you.
Q. Can an have an appropriate adult present in interviews?
Generally, no - but if the Custody Officer believes that you may be suffering from any mental
disorder or learning difficulty, he should
make sure that an appropriate adult is consulted. Q. I don't speak English very well - can I have an interpreter who speaks
my own
language?
Yes, the Custody Officer MUST call an interpreter as soon as possible. Q. Will I have to pay for an interpreter?
No, an interpreter will be provided at public expense.
Q. Am I entitled to medical treatment if I need it?
Yes, you are entitled to use a doctor. You should tell the Custody Officer that you want medical
treatment and he will call the Police
Surgeon (who, despite the title, is not employed by the
Police).
Q. Will I have to pay for the Police Surgeon?
No, his services are provided at public expense. If you wish to see your own doctor you can do
so,
but you will have to pay for this - it is not provided by the NHS
Q. The Police want to hold and Identity Parade - what should I do?
You have the right to have a Solicitor present whenever an Identity Parade is held and it
would be
sensible for you to take advantage of
this right.
Q. Will a record be kept of what happens whilst I m at the Police Station?
Yes, any events which take place and any decisions which are made whilst you are in Police
custody must be recorded in writing on
your Custody Record.
Q. Am I entitled to see my Custody Record?
Yes, after your release you, or your Solicitor, or any appropriate adult are entitled to be
supplied
with a
copy of your Custody Record. This
entitlement lasts for twelve months after your release.
Q. How long can I be kept at a Police Station?
The basic rule is twenty-four hours - but if certain circumstances apply then a Senior
Police
Officer
(that is to say, a Superintendent or
above) can authorise your detention for up to
thirty-six
hours.
Q. Does that mean that the Police are likely to keep me for twenty-four
hours?
No, they are under a duty to deal with you as quickly as possible. The twenty four-hour
period is a
MAXIMUM and should not be
considered as the norm.
Q. I'm concerned that I'm being kept longer than necessary - what should I do?
Use your rights to speak to a Solicitor.
Q. I've been told that a Superintendent is going to be asked to extend the
twenty
four-
hour period - what should Ido?
Use your rights to speak to your Solicitor.
Q. Can the thirty six-hour period be extended?
Not by the Police - they would have to obtain the permission of a Magistrates Court to hold you
for
a
longer period by asking for a
Warrant
of Further Detention.
Q. Will I be told if the Police ask for a Warrant of Further Detention?
Yes, the Police MUST tell you.
Q. Can I be represented by a Solicitor?
Yes, you have the right to be represented.
Q. How much will this cost me?
Again, absolutely nothing. You are entitled to FREE legal representation when the Police
apply to
the
Court for a Warrant of Further
Detention, whatever your position might be. |
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