TOP

The Oldest Profession

Home

Sex Laws Info

Rights if Arrested

Main Menu

Escort Directory

Support & Info

Search

Rights if Arrested

Sex Laws Info

Is the arrest Legal?
Probably yes. The police (and sometimes members of the public) have powers of arrest in a wide range of circumstances. The Laws of arrest are complex, and it is unlikely that the police will enter into a debate with you as to the legality of the arrest. Any doubt about the lawfulness of an arrest is best sorted out by your solicitor at once you are at the police station.

The arrest
At the time of the arrest, or as soon as possible afterwards, you should be told the reason for your arrest and cautioned. The current caution is:

‘You do not have to say anything. But 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.’ Resisting arrest
It is an offence to resist arrest. The police have the power to use 'reasonable force' to execute the arrest.

Power of Search
A police officer may search you at the time of arrest if they reasonably believe:

You may present a danger to yourself or to somebody else.
You may have concealed on you anything which might be used to assist an escape from lawful custody or which might be evidence relating to any offence.

This may include a search of your mouth

Arrest other than at a Police Station
You must be taken to a police station as soon as is practicable. However your being taken to a police station may be delayed if your presence elsewhere is necessary in order to carry out such investigations as it is reasonable to carry out immediately, such as searching premises.
If there are no grounds for keeping you under arrest, then you should be released by the police. This may be with or without bail, in these circumstances the only condition for bail is that you attend a Police Station. Once released there is nothing to prevent you being arrested for a second offence.

Silence or not?
You have a right to remain silent after arrest. In most cases it is wise to exercise this right untill you have obtained legal advice.
If you decide to exercise this right, then apply it to all questions. Give your name and address and decline to answer all other questions no matter how trivial. If you answer some questions but but not others then inferences may be made.
Whilst there is no advantage in being hostile to the police, being over friendly may have it's drawbacks. Friendly exchanges may be a subtle way of questioning you and you may inadvertently give information away.

On Arrival at the Police Station
You should initially be taken to the Custody Officer (usually a sergeant). He has a number of duties:

To start a Custody Record - a 'log book' that records your details and everything that happens concerning you while you are at the police station. It is his responsibility to see that this record is updated as necessary.
To ascertain if you need medical attention. He will usually ask some question such as if you are on medication in order to assess if you need to be seen by the Police Surgeon (A doctor in the employ of the police)
To carry out a risk assessment to ascertain the likely hood of harm (mental or physical) to either the detained person or to police, and to put in place such measures to minimise these risks
To ascertain all property that you have with you on arrest. He may make an inventory of these items.
Seize clothes and personal effects if he believes you may use them to cause physical injury to yourself or to somebody else, to damage property, to interfere with evidence, to assist an escape or they may be evidence of an offence
Advise you of your rights including legal representation and the right to let somebody know of your whereabouts. He should also give you a printed version of the PACE guidelines

Searches
The custody officer is under a duty to ascertain all property that you have with you on arrest. An officer of the same sex may search you, using reasonable force if necessary.

- You have concealed something that may be used to injure themselves or another person whilst in police detention or court custody.
- You have concealed Class A drugs (such as heroin and cocaine, but not cannabis or amphetamines) on yourself with the intent to supply or commit a customs offence. A search for Class A drugs may only be carried out by a medical practitioner or nurse at a hospital or surgery.

Strip Searches

Intimate Body Searches.

Curtailment of the right to silence
The Criminal Justice and Public Order Act 1994 curtailed the right to silence. This permits courts to draw conclusions from your silence in the following circumstances:

Failure to mention a fact when questioned under caution before charge which is relied on in your defence.
Failure on being charged with an offence or informed of likely prosecution, to mention a fact which it would have been reasonable for you to mention at the time.
Failure or refusal to account for objects, substances or marks found on your person, in or on your clothing or otherwise in your possession, in the place where you were arrested.
Failure or refusal after your arrest to account for your presence at a place at or about the time the offence is alleged to have been committed.

These inferences may not be drawn if you had not been given the opportunity to consult with a solicitor prior to being questioned.

You cannot be convicted of an offence solely on the basis of a failure to answer questions

Right to legal advice
You have a right to consult a solicitor if you are under arrest at a police station. You should be told of this right both orally and in writing on arrival and reminded at certain other key points during detention, such as before interviews. The consultation may be by telephone, writing or in person. You have a right to privacy during these consultation. This is an ongoing right and even if you initially decline, you may ask to consult with a solicitor at any stage.

You also have a right to have a solicitor present during questioning. Consultations with a solicitor whilst detained are free of charge.

In certain circumstances you can be denied access to a solicitor for up to 36 hours. There are strict rules that govern this, and can only be authorised by an officer of the rank of superintendent or above.

You will not normally be interviewed once you have requested a solicitor untill they arrive.

Right to not to be kept incommunicado
You have a right to have somebody informed of your whereabouts. If the person cannot be contacted, you may try to contact two other people. (The police may at their discretion allow you to try more than two other people). You also have this right if you are transferred to another police station. This can be by telephone, letter or message. these are not private and anything said or written may be used in evidence.

In exceptional circumstances this right may be denied if authorised a by an inspector or higher rank.

Right to decent conditions
As far as is practicable there should only be one person per cell. Cells must be adequately heated, cleaned, ventilated, lit and have clean bedding. You must also have access to toilet and washing facilities.

Detained person should be checked at least once an hour, or every half hour if they are drunk. At least two light meals and one main meal must be offered in a 24 hour period. Brief outdoor exercise should be offered if practicable.

Fingerprints
Anybody over the age of 10 may have their fingerprints taken (including palm prints) in any of the following circumstances:

If you have been detained after an arrest for, or been charged with, or informed you will be prosecuted for a recordable offence, and your fingerprints have not already been taken in the course of the investigation.
In any of the above circumstances where the fingerprints have been taken before but did not constitute a complete set or were not of sufficient quality.
If you have been convicted of a recordable offence or cautioned in respect of a recordable offence you have admitted or been warned or reprimanded under the Crime and Disorder Act 1998 for a recordable offence.
If you answer to bail at a court or police station, if the court or an officer of at least the rank of inspector believes on reasonable grounds that you are not the same person whose fingerprints were taken on a previous occasion or where you actually claim to be a different person.

Recordable offences cover everything but the most trivial offences. Fingerprints may be taken using reasonable force if necessary. Fingerprints may be used for a speculative search for matches in other crimes.

Photographs
Whilst detained at a police station, you photograph may be taken. If you do not consent reasonable force may be used to take the photograph. The photograph may be disclosed to others for any purpose in connection with detecting, preventing or investigating a crime.

Intimate and Non-intimate Samples
Intimate samples are blood, semen or any other tissue, fluid, urine, saliva, pubic hair or a swab taken from a bodily orifice other than the mouth. They may only be taken with your consent and by a relevant health care worker. If you do not consent, conclusions may be drawn from this in court

Non-Intimate samples are hair other than pubic hair, a sample taken from a nail or from under a nail, a swab taken from any part of a person's body other than an orifice, and a skin impression. They may be taken without your consent (using reasonable force if necessary) in any of the following circumstances:

You are in police detention after an arrest for a recordable offence and have either not had a sample taken already in the course of the investigation or you have but it was insufficient.
You are in police detention or being held in custody on the authority of a court and an officer of at least the rank of inspector authorises it. He or she may do this if there are reasonable grounds for believing the sample will confirm or disprove your involvement in a serious arrestable offence. Reasons for taking the sample must be provided to you and recorded.
You have been charged with or informed you will be reported with a view to summons for a recordable offence and have either not had a non-intimate sample taken in the course of investigation of the offence or such a sample was taken but it was not suitable or was insufficient for the same means of analysis - often DNA.
You have been convicted of a recordable offence.

Interviews
Interviews should normally take place at a police station. Before being interviewed, the Custody Officer (in consultation with others if appropriate) will ensure that you are fit to be interviewed. At the start of the interview you should be cautioned and reminded of your right to a solicitor (unless the exceptions above apply). You should also be told why you are being interviewed and the nature of the offence. You have a right to have your solicitor present during an interview.

An accurate record of of the interview should be kept unless the interview is being taped or videotaped. Where a written record is kept, you will be asked to sign it as accurate. You should only sign it if you have read it and it is an accurate record.

The interview should cease when the officer in charge of the investigation:

Is satisfied that all questions they consider relevant to obtaining accurate and reliable information about the offence have been put to the suspect (including those which would permit an innocent explanation);
Has taken account of all other available evidence; and
Reasonably believes there is sufficient evidence to provide a realistic prospect of conviction.

Interviews should have regular breaks for meals and light refreshments and in any 24hour period, you should be allowed a continuous 8 hour period for rest.

Making Notes
Just as a police officer may refer to notes in court, you have exactly the same right. During detention you should be supplied writing materials on request.

When making notes, the following may be of use:

Make you notes as full and accurate as possible
Add the times of events to the notes
Where possible write down everything that was said word for word
Record the names and numbers of police officers

Detention in Police Custody
Generally, custody time starts on your arrival at the first police station to which you are taken after arrest. If arrest takes place at the police station the time starts when you are arrested. There may be some delay between arrest and arrival caused by necessary investigation, but there is a general provision that an arrested person must be taken to a police station as soon as is practicable after arrest.

Basically, you may not be kept in police detention for more than 24 hours without being charged. This period can be extended by a maximum of twelve hours on the authority of an officer of the rank of superintendent or above after giving opportunity for representations to be made. The extension can only be authorised where:

The officer has reasonable grounds for believing that the offence is an arrestable offence.
The investigation is being conducted diligently and expeditiously.
Detention without charge is necessary to secure or preserve evidence of an offence for which you are under arrest or to obtain evidence by questioning.

The authorisation cannot last beyond 36 hours from when the detention clock began.

Detention Limits and Magistrates' Extensions
You must be released by the end of 36 hours from the starting point, unless an application is made to a Magistrates' Court sitting in private. The application is made on oath by a police officer and supported by written information, which must state the nature of the offence; the general nature of the evidence for the arrest, what enquiries have been made and are proposed, and the reason for believing the continued detention is necessary.

You are entitled to a copy of the information and to be legally represented - you can have an adjournment to obtain legal representation. The police officer will be at court to be cross-examined and representations may be made to the magistrate(s). These might be directed, for example, towards any delay in the investigation or in making the application, whether there is a serious arrestable offence involved, whether detention is necessary, and whether there is sufficient evidence for you to be charged.

The court may only authorise further detention if:

The offence is a serious arrestable offence.
The investigation is being conducted diligently and expeditiously.
Further detention is necessary to secure or preserve evidence relating to the offence or to obtain such evidence by questioning you.

The court may authorise further detention for up to 36 hours from the time that the application is granted. A further extension of up to 36 hours may be granted if the same procedure is followed. The total maximum period of detention is 96 hours from the original starting point - except under the Prevention of Terrorism legislation where a different set of rules apply.

Police Bail
During the course of an investigation, the police may release you without charge on bail to attend at the Police Station at a fixed time and date. They may also attach other conditions to your bail such as a curfew or to live at a certain address. It is a separate offence to breach your conditions of bail.

Detention after Charge
After you have been charged, the custody officer must order your release unless one of the following post-charge detention conditions applies:

Your name or address is unknown or doubted.
Detention is necessary to prevent your committing an offence if you were arrested for an imprisonable offence
Detention is necessary to prevent you from causing physical injury to any other person or damaging property if you were not arrested for an imprisonable offence.
Detention is necessary to prevent your failing to appear in court to answer bail.
Detention is necessary to prevent your interfering with the administration of justice or with the investigation of offences.
You are over 14 and detention is necessary to take a sample of urine or a non-intimate sample (see later) in order to find out whether you have specified Class A drugs in your body.
Detention is necessary for your own protection.
A juvenile needs to be detained in his or her own interest - this is additional to the other grounds that may apply equally to juveniles.

A person who has been detained after charge must be taken to court as soon as practicable and not later than the first sitting after charge. The police are also able to impose bail conditions.

< Prev		Next >

Last Updated on Sunday, 15 February 2009 22:09