What are my rights when arrested?
What are my rights when arrested?
If the police believe that you have committed a criminal offence you will likely be charged. Being charged does not always mean that you will be arrested; there are other options available to a police officer other than arrest. If you are arrested and taken to the police office you have a number of rights, including:
• To be cautioned. You must be cautioned that anything you do say may be given in evidence and that it may harm your defence if you do not mention something when questioned which you later rely on in court
• To speak to and see a solicitor, free of charge. If you are under 17 years of age a parent, guardian or an adult who knows you must be present. You generally do not have to answer any questions (except for your name and address) until you have had a chance to speak to a solicitor; however, for very serious crimes, police can seek permission to delay your access to a solicitor if it is thought that it might interfere with your evidence, alert other suspects or hinder the recovery of stolen property
• Not to be held for more than 24 hours without being charged. If the police wish to hold you for any longer than 24 hours they need to apply to a magistrates’ court. Up to 96 hours’ detention can be granted
• Your family or next of kin must be informed of your location
• The police code of practice must be made available to you. The code of practice includes details of how the police should conduct questioning. For example, you are entitled to regular breaks for food and the toilet and the police should not use interview techniques that place unreasonable pressure on you. Your interview should be tape-recorded or written notes made. If you are deaf or have difficulty understanding English you should be provided with a signer or interpreter
• Police usually have the right to take your fingerprints and photograph. They can take your fingerprints if they have reason to suspect your involvement in a crime, but they cannot force you to have your picture taken against your will until you are charged or cautioned
• Bail. You should normally be given bail, unless the police think you have given a false name and/or address, or think you are likely not to come to your court hearing or that you may leave the country to avoid prosecution. If bail isn’t granted you will appear before a magistrates’ court that will decide if you can have bail and, if so, on what conditions
If you looking for:
visit ContactLaw.co.uk.