A Guide To Your Rights When Being Arrested

Being arrested can be a worrying, stressful and disarming experience; especially if you’re being accused of something that you didn’t do. In this situation, it can be easy to forget your rights. Knowing them will make sure that you are treated fairly whilst in custody.

With that in mind, here we detail some of the important things to remember if you ever get arrested.

Your Rights When In Custody

Once you’ve arrived at the police station and you’re being held in custody, the custody officer will explain your rights, which is a legal requirement. In custody, you have the right to free legal counsel, the right to inform someone where you are, the right to medical attention if you are not feeling well, the right to view the police codes of practice and see a written note with your rights or an interpreter to explain the notice in your language.

You cannot be held in custody indefinitely. Police are allowed to hold you in custody for up to 24 hours before they must charge you with a crime. If they cannot charge you with a crime then they must release you. However, if you’re suspected of a very serious, violent crime, then they can apply to hold you for up to 96 hours.

Rights For People Under 18

If you’re under the age of 18, or you’re a vulnerable adult (If you are elderly, have a learning disability, a mental health condition or a substance abuse problem) then the police must try to contact your parent, carer or legal guardian. It is also the police’s responsibility to contact what is called an ‘appropriate adult’ to assist with the communication between police officers and the detainee. This could include a social worker, volunteer aged 18 or over, or another family member over the age of 18.

Your Rights Under Questioning

During custody, it’s likely that the police will want to ask you questions about the crime you’re being accused of. You are under no legal obligation to say anything at this questioning at all.

The police officer will give you the police caution to explain this, which reads as follows: “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.”

How To Complain

If you feel that you were treated unlawfully by a police force, you can register a complaint with the force that arrested you. A list of the forces in the UK can be found here . You can also contact the IPOC if you believe that your complaint was also handled in an unsatisfactory way.

Who We Are:

Lefevre Litigation has over 30 years worth of experience in criminal law.

If you’re a white collar client in need of legal advice or representation, don’t hesitate to contact us today. You can find us at Lefevre Litigation, 70 Carden Place, Aberdeen, AB10 1UL, email us at gjk@lefevre-litigation.com or call us on 01224 657 657.