If the police have arrested you or someone you know, it can be a bewildering and distressing experience. Knowing your rights in such a situation is crucial for ensuring fair treatment and protecting yourself.

The Law

The Police and Criminal Evidence Act 1984 (PACE) is a law made by the British Parliament. It explains how police should handle arrests, searches, collecting proof, and questioning people they think could be involved in crime. PACE was created to make sure that police powers are used fairly and responsibly while also protecting the rights of those participating in criminal inquiries.

Why Have I Been Arrested?

Under PACE, the police can arrest someone without a warrant if they have reasonable grounds to suspect the commission of an offence and believe it’s necessary for a prompt investigation. Being arrested doesn’t imply guilt.

What Happens When I Am Arrested?

Upon arrest, you’ll be taken to a police station. A custody officer will assess the necessity of your arrest. Your physical and mental health will be checked, and any medical needs will be addressed. Your belongings may be searched for evidence and, if necessary, seized. You’ll be informed of your rights:

  • The right to inform someone of your arrest
  • The right to free legal advice
  • The right to consult the codes of practice

You’ll be asked if you want legal advice. Regardless of innocence, it’s wise to request a solicitor to guide you through the process and avoid saying anything that could be used against you.

How Long Can I Be Kept at the Police Station?

The police can detain you if they believe securing evidence or questioning you is necessary. Detention reviews occur every 6 hours initially, then every 9 hours. Generally, you can be held for up to 24 hours. This can be extended to 36 hours for certain offences, and up to 96 hours with court approval for complex cases.

Interview Process

Once ready, the police will contact your solicitor, who will attend the station. You’ll receive a ‘pre-interview disclosure’ detailing the reasons for your arrest and the offence. You’ll then consult with your solicitor privately. They’ll advise you on your options during the interview:

  • Full comment interview
  • No comment interview
  • Providing a written statement followed by a ‘no comment’ approach

Your solicitor will guide you on the best option, but the decision is yours.

The Interview

Your solicitor ensures a fair and lawful interview. It’ll be recorded, and you’ll be cautioned. You have the right to remain silent, but silence may harm your defence if you rely on something later. Your solicitor can pause the interview for legal advice.

After the Interview

After the interview, you’ll discuss further with your solicitor. Possible outcomes include no further action, release under investigation, bail, remand in custody, or charging with a court appearance.

Understanding your rights is crucial if you’re arrested and interviewed by the police. It ensures fair treatment and protects your legal interests.

Final Thoughts

Experiencing an arrest and police questioning can be incredibly unsettling, but knowing your rights is essential for navigating through the process with confidence. By understanding your rights under the law, you empower yourself to make informed decisions and protect your legal interests effectively.

Remember that seeking guidance from a qualified solicitor can provide invaluable support and ensure your rights are upheld throughout the process. Your solicitor is there to advocate for you, ensuring fairness and legality during questioning and beyond.

Maintaining open communication with your solicitor and actively engaging with legal support can help alleviate some of the stress and uncertainty associated with being involved in a police investigation. Your solicitor can clarify your options and help you navigate the complexities of the legal system.