Your Rights on Arrest
The police can arrest you for a number of reasons, but when they do arrest you your right to freedom is exchanged for a number of other rights that legally protect you while in custody.
At the Police Station
Once you have been arrested you will be taken to a police station. At the police station you have a number of rights that include:- Not to be held for more than 24 hours without being charged. The police can apply for longer periods if they need more time. This can be up to 96 hours if approval from a magistrates’ court is granted
- Seeing a solicitor who will be provided free of charge
- Your family or next of kin to be informed of your location
- The police code of practice to be made available to you
The Caution
After your arrest it is your right to be formally cautioned. The caution gives details of the crime you have been arrested for, and also informs you that if you do not mention something when you are questioned that you later rely on in court this may harm your defence. Also, anything you say to the police can also be given as evidence in court if your case goes to trial.If the police think that they have a strong case against you and have the evidence they need to prove that case in court, you will be given a formal caution. This reminds you of your rights and how your case will now proceed. This usually means sending your case file to the Crown Prosecution Service (CPS) who will decide if the police’s case is strong enough to go to court.
Your Rights After Arrest
At the police station you will be questioned. If you are under 17 years of age, a parent, guardian or an adult that knows you such as a teacher must be present. At this stage all you have to do is confirm your name and address. You do not have to answer any other questions. However, if you don’t respond to questions this will be noted and if your case goes to court this failure to cooperate could count against you. If your solicitor hasn’t arrived at the police station yet, it is your right to wait for them so you can use their legal knowledge to decide whether you should answer a specific question.Note however, that the police can delay your meeting with a solicitor if you have been arrested for a serious crime and they think that contact with your solicitor could interfere with the case.
The code of practice that you should have read includes details of how the police should carry out their questioning. You are entitled to regular breaks for food and the toilet. Your rights on arrest also state that the police should not use interview techniques that place unreasonable pressure on you to answer their questions.
Your interview will be tape-recorded, or in some cases written notes will be taken. You may also have your fingerprints taken as well as your photograph.
The Charge
Once your interview is complete the police will then decide whether they want to proceed with your case. If they do not, you will be released without charge. If they do want to proceed, it is your right to be given a charge sheet that will give details of the crime you are accused of, where and when your first court appearance will take place, and what – if any – are your bail conditions.Your Right to Bail
If the police charge you your rights state that you should normally be given bail. However, the police can argue that you should not have bail if:- They think you have given a false name and address
- They think you are likely to not come to your court hearing
- They think you may leave the country to avoid prosecution
You will appear before a magistrates’ court that will decide if you can have bail and if so, any condition you must follow. Note that you will not be eligible for bail if you committed a serious offence such as murder.
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Comments...
i was almost arrested from my home after i bit an ex partner on the arm to stop him sufforcating me in an extremely tight headlock.my daughter heard the scuffle and ran almost came into the room, as i took her back upstairs quickly he called the police to report me for biting his arm, they came and has said i'm under arrest for common assult and that my children have to stay with this guywhile they take me to the station. when i refused to leave him in my home with my 3yr old and14yr old girls they were confused and asked me why don't i feel he can stay or they will call social services to come and take my girls into care while i be taken into custody. i then explained that this person was just visiting and not even british but visiting from abroard and had come for the day to return to his family in london then they changed their mind and decided to right down the events in thier note pad and not once did they ask to see where he had or if he had hurt or injured me they took his side and had also said that i was previously arrested in 2009 but they refused to tell me what 4 because i had never been arrested but the officer had insisted that i was. they said i have been coutioned and that i will recieve a letter saying when to attened court also the man who attecked me has been messaging about making sure he get me convicted. does this mean i will lose my children and because he was quicker than me to call police i will be most certainly charged for common assult even though it was eighter he sufforcates me to death or i bite him to release myself how is this fair. also being a black female and him self a mixed raced apperance i felt discrimitated agaist because i was the darker and bigger person. can someone let me know what do i have to expect to happen next and also my plans to start nursing in uni seem completely demollished now that i have this on me
james - 1 February 2012 @ 3:35 PM
If you leave the county and the police havent pulled you in for questioning then what is the protocol?
ANNYHEAD - 1 December 2011 @ 4:08 PM
I was arrested on the basis I looked like a person on a photo from a cctv camera .the person in question was seen taking a purse from a pram .In fact I wasquote " positively identified " Firstly the person in question was at least 10 years older than me and thinner , my solicitor saw this straight away and also Iexplained that on the date of the crimeI was working abroad ( I live and work in France I was back in England looking after my mother for a few days ) I was eventually released without charges at about 22.00.However I was arrested about 12.30 and the police DID NOT send for a solicitor until after 19.00 although I said I wanted one when I was arrested .? So I wish to know is it normal to wait so long for a solicitor ? for a charge of theft ?
thanking you in advance
chris Mcdonough
chrismac - 3 October 2011 @ 10:29 AM
how long do you have to wait for your case to go before the court for the first time after pleading guilty to the charge in police custody?
sue - 29 May 2011 @ 11:13 AM
There's a slight difference.. if you are under 18, the police must TELL your parent or carer as soon as possible. If you’re aged under 17, the police must find a parent, guardian or carer TO COME to the police station.
CourtroomAdvice - 4 April 2011 @ 10:17 AM
On directgov website it states that if arrested person is under 18, the police must tell their parent or carer as soon as possible. However looking at your advice it looks like this rule only applies if the person is under 17. Can you clarify?
Inga - 2 April 2011 @ 7:25 PM
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