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Caught by the Fuzz...Arrest & Questioning

So you've read about Stop & Search & Your Rights but what's the next step? Well here's the lowdown on what comes next...Arrest and Questioning.

So if they decide to arrest me what should I expect?

Well you're gonna lose some rights and freedoms because you're under the care of the law, so you can't go as you please, however that doesn't mean you lose the right to be treated fairly, indeed you have rights protected under law to ensure this. So when/if you're arrested make sure you know why, you get a solicitor, someone knows your whereabouts and get to see those codes of practice I was going on about. They may be long and boring but they will make sure you know how you should be treated. If they arrest you, you will be cautioned, which is.... 'you don't have to say anything, but it may harm your defence if you don't mention something you rely on as evidence but anything you do say could be given as evidence.'

Do I still have to go to the Police Station if they ask me to but don't arrest me?

No...not all if they don't arrest you don't have to go but if you do you still have the same rights to contact someone, receive free legal advice and you can also leave at anytime.

So if I'm arrested how long can they keep me?

Well even if they don't have enough evidence to charge you, with the offence, they can keep you detained if they think they can get the evidence they need by doing so. However this will probably not be longer than 24 hours, because by that time they will have to charge you or release you. If it's for something serious you can be detained for an additional 12-hour period, but these can go on no longer than 96 hours without release and charge and need permission from the court.

So you say that I must be allowed legal advice, what do I do to get it?

Well you are entitled to legal advice from a solicitor, which doesn't cost anything and is done in private without the police hearing. It's better to speak to a solicitor before any questioning takes place or before you say anything, especially if you're unsure of you're legal position. However in special cases you might not be allowed legal advice for a while, this is for questioning over very serious offences, as legal advice could interfere some way, or alert accomplices or cause problems.

So after this I get questioned right?

Well yeah but if you're 17 then you can't be questioned alone, you must have either one of your parents there or someone like a teacher or a friend over 18.

And I don't have to say anything?

You only have to give them your name and address and that's it, you have the right to remain silent...as they say in the movies. However you should think about the fact that if you go to trial then your not saying anything could count against you.

So like in the films will there be bright lights and a good cop/bad cop routine?

No it's not quite like that and as always there are strong and clear rules to stop police officers putting you under unfair pressure when you're being questioned.

Yeah...like what?

They can't ask you questions that would unreasonably pressure you, the room must be clean and properly heated and ventilated and there must be regular breaks for the toilet, food and drink. If you have any disability this must also be taken into account, like having a person sign the questions if you're deaf or hard of hearing.

So do I get a mug shot, fingerprinted and recorded on tape and all that?

Yeah pretty much so, the questioning should be recorded some way either by tape, video or written down and you can sign to confirm what you said afterwards. If you're over 10 and the police think you may have committed a crime they can take your fingerprints, you can't refuse and force may be used if you do. This is the same for the photo except force can't be used.

So is it then kept on record?

If you're not charged or found not guilty if you do go to trial then the pictures and fingerprints must be destroyed.

So that's what you need to know about Arrest & Questioning now check out the following:

Charge or Release

Stop and Search

Police and Courts...Essential Links

The laws stated in this article apply only to England and Wales

by ChrisM

Crime
Have you ever been a victim of crime?
Yeah and more than once
Yes, but only once
No


Breaking the Law
Have you ever had a 'run-in' with the police
Yeah...'cos I broke the law
Yeah...but I didn't do anything and they were in the wrong
No...I'm good me

©1999-2003 Pupiline Limited, 2003-2008 Creative Commons. For info email Oli Originally powered by KeConnect Internet, now powered by XCalibre and the Big Boost, recovered thanks to Warrick


©1999-2003 Pupiline Limited, 2003-2008 Creative Commons. For info email Oli Originally powered by KeConnect Internet, now powered by XCalibre and the Big Boost, recovered thanks to Warrick


©1999-2003 Pupiline Limited, 2003-2008 Creative Commons. For info email Oli Originally powered by KeConnect Internet, now powered by XCalibre and the Big Boost, recovered thanks to Warrick