Rights on arrest
When a police officer makes an arrest, he or she is taking you under the care and control of the law.
This means that for the time being you lose certain freedoms. such as to go and do as you please... but in return you are given certain rights which protect you against unreasonable treatment. As soon as you are arrested, you have the right to know why you have been arrested.
At the police station you are entitled to:
- See a solicitor free of charge
- Have someone told where you are
- Read a copy of the Codes of practice, which explains the procedures the police should follow in such circumstances
- You should be given a written note of these rights and cautioned
You can be detained by the police only if they do not have enough evidence to charge you and they have good reason to believe that they can obtain further evidence by continuing with your detention
You cannot normally be held for more than 24 hours without being charged or released. If a serious offence is being investigated, a senior police officer can authorise your detention for a further 12 hours, which can be extended up to a total of 96 hours, but only with the approval of a magistrates' court.
Questioning
If you are under 17, you should usually not be interviewed by the police without a parent or appropriate adult present (an appropriate adult is someone who knows you, such as an adult friend or teacher). You must give the police your name and address but you have the right after that to stay silent. If you do not answer further questions and the case goes to trial, the court will be told of this and your failure to answer questions may strengthen the case against you. If you fail to answer questions in court, the magistrates or jury are allowed to take this into account in deciding whether you are guilty.
There are clear rules which govern the way in which a police officer can question a person, designed to stop unfair pressure being placed on a suspect. There should be regular breaks for food, the cell and interview room should be clean and properly heated, and the police should not follow a line of questioning which puts unreasonable pressure on the suspect. Someone who is deaf or has difficulty in understanding English should be given a signer or an interpreter.
If you are arrested, the police must give you written information about your legal rights when you arrive at the police station.
Legal advice
Whether you are arrested or go to a police station voluntarily, you are entitled to free legal advice from a solicitor who will advise you while you are being questioned. If you have been arrested or are being questioned about a serious arrestable offence or if you feel at all unsure about your legal position, it is better not to answer questions (except your name and address) until you have had a chance to speak to the solicitor.
If the police are investigating a very serious offence they can, with the approval of a senior officer, delay access to a solicitor on the grounds that talking to a solicitor might interfere with the evidence, alert other suspects or hinder the recovery of stolen property
Tape recording
Your interview at the police station will probably be recorded on tape. It will begin with questions about your name and address before moving on to more serious matters.
If your Interview is not recorded, notes should be made by the officer concerned. You should have the opportunity to see these notes and to sign them if you agree they are a fair record of what was said.
Fingerprints and photographs
The police can take your fingerprints if they have reason to suspect your involvement in a crime. They are also allowed to take your photograph, but cannot force you to have your picture taken against your will (until you are charged or cautioned). The Serious Organised Crime and Police Act 2005 states that police have the power to retain all fingerprints and photographs of people arrested, even if they are subsequently released without charge or later acquitted.
The caution
Once a police officer has reason to believe that you have committed an offence, he or she must caution you by explaining that 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.
After questioning you, the police must decide what to do next. If there appears to be enough evidence, they can:
- Charge you with the offence;
- Send the papers to the Crown Prosecution Service, for them to decide whether to charge;
- Arrange to issue you with a formal caution.
This is a strong warning from a senior police officer reminding you that you could have been sent to court, and that if you commit further offences, that is almost certainly what will happen. Formal cautions are given more often now because the re-offence rate is lower amongst those who do not go to court, but a caution can be given, only if the person admits guilt.
If the police feel there is not enough evidence to make a charge, they will either decide to take no further action, (and the case against you will be dropped), or will delay any decision while further enquiries are made.
Charge
When you are charged with an offence you are given a charge sheet, containing details of the offence of which you are charged, when and where you are due to appear in court and the conditions of your bail.
Once you are charged you should not usually be asked any further questions unless, perhaps, new information has come to light.
Bail
If you are charged with an offence the law states that you should normally be released on bail - unless the police doubt the truth of the name or address you have given or believe you should be held for the protection of yourself or others, or it is felt that you are unlikely to turn up in court if released.
If the police do not release you, you must be brought before a magistrate, at the earliest opportunity, who will decide whether you can be released on bail, and if so, what conditions should apply. For example, you may be required to report to the police station once a week, or to have someone provide a financial guarantee that you will be present in court when required.
Bail cannot be given to anyone charged with murder, attempted murder, rape or attempted rape who already has a conviction for one of these serious offences. Courts also need not grant bail if it appears that the defendant was already on bail when the offence was committed.
This information is from YCP a pocket-sized guide to the law. It provides useful legal advice and information about many of the situations you may encounter. For further information please contact the Citizenship Foundation on 020 7367 0500.
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