Your Rights at the Police Station

When the police arrest an individual, they will have to inform the suspect that they are under arrest. This is required verbally by a caution: “You do not have to say anything, but it may harm your defence if you fail to mention something when questioned that you later rely on in court. Anything you do say may be used in evidence against you”. Additionally, the police are required to inform the suspect of the reasons of arrest,

There are a number of rights at the police station, including the right to obtain legal advise from a solicitor and the right to inform somebody of the detained persons whereabouts. In some situations, the police can delay this process due to the fact that in some allegations the evidence can be damaged.

The suspect would be informed of such a delay of informing other people of his whereabouts. This is only allowed for a maximum period of 36 hours. If however, the allegation is of terrorism, then this can be allowed until 48 hours. If a third party does enquire at the police station of the suspects whereabouts, the police should give details of the detained whereabouts.

The police are not allowed to detain the accused for more than 24 hours without a charge. However, this rule can be varied by a senior officer or a judge. The detained period can be extended by an extra 12 hours but a magistrate can extend this to 96 hours and then in further stages of 28 days if required. If a detained person is charged with the offence and he is not granted bail, he is required to be produced before the magistrate on the following day.

Every detained person has the right to free and independent legal advice. The detained person has the right to see either the duty solicitor or a solicitor of their own choice if required. The legal advice can be provided over the telephone.

The Interview

The police are required to caution you before you are questioned about the offence. The caution is as : You do not have to say anything, but it may harm your defence if you fail to mention something when questioned that you later rely on in court. Anything you do say may be used in evidence against you

An interview under caution is generally conducted at the police station and tape recorded. It is important that your solicitor is present during the interview and prior to advice you as to how to approach the interview in your best interests based on the facts of the case.

Your solicitor would advice you in a private consultation before the interview after obtaining the details of the alleged crime from the police.

Your solicitor would advice you as to how to approach the interview based on the facts of the case and what is in your best interests. Generally, depending on the facts of the case you will either respond to the interview in one of the three methods: 1. no comment and exercise your right to silence, 2. answer the interview questions, or 3. prepare a written statement. Depending on the facts and the evidence against you, your solicitor will advice you as how to best approach the interview. This is a very important stage of the allegation depending on how you approach the interview, it will determine to actual proceedings. Generally, a case is born at the police station and the police exercise their role to investigate the allegations. It is important that a solicitor is present to advice you accordingly.

After the interview, the police may proceed by one of the three methods to determine the outcome of the case: 1. released from the police station on police bail where you are required to attend the police station at a further date, whilst the police conduct their enquiries, 2. charge you for the allegation and either bail you to the magistrates court/refuse bail and detain you until the next available court hearing at the magistrates court (this is subject to the seriousness of the offence and your previous history on bail), 3. release you from the police station without any further action.

Your rights when Stopped and Searched by a Police Officer

A police officer has the right to stop an individual in the street if he or she has reasonable grounds to suspect that you may have certain items in your possession OR that you are or have been involved in a criminal offence. The officer must identify himself for his reasons for the search and you are entitled to ask for a written record of the search.

If you feel that you are wrongfully or unlawfully searched, you must consult your solicitor as soon as possible to advise you of the action available.

Your rights when the police enter your premises to seize property

The police would require a warrant to enter your premises to seize your property. If however, the police are arresting you, following the arrest they can seize property without the need of a warrant as they would be entering the premises to arrest you, which would not require a warrant.

The police are required to provide a list of any property taken and must return any property not required for their investigations. It is advised that you must not disrupt the search carried out by the police.

In the event that you feel that the police have entered the premises inappropriately, you must contact a solicitor without delay