Your rights on arrest

Your rights on arrest

Please remember that advice at police station is free of charge for everyone immaterial of their financial situation. If you are attending a police station by request we can either meet you at the police station or meet you at one of our offices.

Contact us in office hours on the numbers at the top of the page or at any time, 24 hours a day, 7 days a week, every day of the year on 07769 906451

Please do not think that by taking a solicitor or representative to the police station that you will be assumed guilty. This is not the case. Taking a solicitor often gets to the crux of the matter and can actually speed things up.

At the police station we would have a discussion with the police about their need to talk to you and then we would have a private consultation with you before interview.

If you are arrested then ask at the custody desk for us to be informed. The police have 24 hour access to us and we have solicitors and representatives working 24 hours a day.

YOU ARE NOT KEPT WAITING FOR US. The procedure is that you will be sat in a cell until the police are ready. We will attempt to speak to you over the phone to put you at ease. We aim to do this as soon as we get the call from the police saying you are arrested and detained. When the police inform us they are ready, we attend the police station and before seeing you will have a consultation with the police to obtain as much information as possible from them. We then have a private consultation with you so that we can advise you of the strength of the evidence and advise you of your options. We will then remain with you in interviews.

You have various rights on arrest. You can, in most cases have someone informed of your arrest.

The right to legal advice

There have been some serious changes to the way this right is operated by the police but the right remains. You are entitled to advice either over the phone or by a lawyer in person, free of charge. This right is regardless of your means.

Solicitor of your choice

The police request solicitors through the Duty Solicitor Call Centre (DSCC). This doesn't affect your right to the solicitor of your choice. You can request your own solicitor or one you would like to represent you, the police are under a duty to provide that solicitor if he/she is available.

Norrie Waite & Slater have police station cover 24 hours a day 365 days of the year. Contact us on 07769 906 451.

The right to a solicitor is an ongoing right and can be exercised at any time. This means that if you initially said you didn't want a solicitor, then during the interview changed your mind, you can say at that time I want a solicitor . The police would have to stop the interview and get you a solicitor.

Representation free of charge

Police station advice, unlike most other areas of legal aid, is not means tested. This means that you are free to request the solicitor of your choice with no worry of the cost to you. When the new DSCC scheme started there were instances of the police saying to detainees that they had to have the duty solicitor or pay your own solicitor. This is not the case and that should not now be said by the police.

Contact through the Duty Solicitor Call Centre (DSCC)

Most contact to your solicitor is now through the DSCC call centre. The police call the centre with details of the case and the detail of the solicitor of your choice. The DSCC then contact your solicitor direct. The DSCC is always available and have contact numbers for Norrie Waite and Slater solicitors who can be contacted at all times. We guarantee to be at the police station within 40 minutes of receiving the call. You will not be delayed by requesting a solicitor.

The reason for arrest

You have the right to know the reason for your arrest and that reason should be recorded on your custody record. This is a document recording everything that happens to you whilst you are in custody. If there is a question about your treatment whilst in custody we can obtain a copy of the record on your behalf.

Food and drink whilst in custody

You are entitled to be provided with food and drink whilst in custody at no cost.

Review of your detention

A senior officer, usually an inspector, will review your detention to ensure that the enquiry is progressing as quickly as possible. This too will be marked up on the custody record and the reasons given for your further detention.

You are not entitled whilst in custody

  • To a phone call, as you often see in American films.
  • Visits from friends and family, there are exceptions to this for minors.
  • To smoke. Police stations like all public buildings are non smoking by law.

Detention of youths

For the purposes of police station procedure you are a youth until age 17. Confusingly, in the court system the age is 18. In the police station if you are below the age of 17 you have to have an appropriate adult present at every stage following your initial detention.

Appropriate adult

The first choice of appropriate adult should be a parent or guardian. If none is available the police usually have volunteers they can call on to perform that role. The appropriate adult is there to give some support to the young person in custody and to ensure that they understand the questions asked and the procedure. They are not there to offer legal advice. They also do not, by law, owe any duty of confidentiality to the young person detained.

The police station interview

All interviews are now recorded on audio tape. Though the procedure varies a little from area to area, the procedures are generally similar. At the start of the interview the police officer conducting the interview has to remind the interviewee that they are still under caution.

The interview itself is to ask the interviewee what their version of events is. It should not be an opportunity for the police to cross examine the interviewee. Vigorous cross examination could lead to a court deciding that the interview is unfair and is not therefore admissible as evidence. The courts do however seem to allow a high level of pressure in interviews so this should not be relied on. It is far better to have a solicitor with you so that the solicitor can confront the officer and if the officer continues can stop the interview.

Contact us arrange a consultation with one of our solicitors.