Home > Government & Legislation > Rights If Detained by the Police

Rights If Detained by the Police

By: Garry Crystal - Updated: 21 Feb 2017 | comments*Discuss
 
Detained Police Arrest Rights Offence

The public have a number of rights if detained by the police at a police station. The rules and rights of how the police can behave are set down in codes of practice and legal action can be taken if these rights are abused.

Reasons for Arrest

There may be a number of reasons why the police will detain a person at the police station. It could be that they have arrested a person on suspicion of committing an offence or actually caught a person committing an offence. The police may also suspect that a person has previously committed an offence.

Other reasons may be that they have arrested a person to prevent the person from injuring themselves or they suspect personal details are false or suspicious.

The Arrest Procedure

If the police decide that they are going to arrest a person they will need to inform the suspect that they under arrest. Before the arrest the police are also required to give a verbal caution. They also need to inform the suspect why they are being arrested after the arrest, this will usually happen at the police station. Once arrested the suspect should be taken immediately to the police station. There may be times, such as in the case of robberies, when the police will actually retrace where the suspect has been before proceeding to the station.

Your Rights at Police Station

There are a number of rights that the police must make the suspect aware of once they have entered the station. These rights will include the right to obtain legal advice from a solicitor and the right to inform someone of the detained person’s whereabouts. There may be certain situations where the police can delay informing certain parties of the suspect’s whereabouts. They may do this if they suspect that informing someone else could lead to the tampering of evidence.

Detainment at the Police Station

The detained person should be made aware of this delay of informing other people, and the delay can only be for a maximum of 36 hours. If there is suspicion of terrorist activity then this detainment can be for 48 hours. However, if someone does enquire about the detained person’s whereabouts the police should give details of the detainment. They may decide not to if a higher ranking officer feels there are grounds for not giving out this information.

Detainment Periods

The police should not detain anyone for more than 24 hours without actually charging them. This rule may be changed by the order of a higher ranking officer or by a judge. The detainment period can then be extended by an extra 12 hours but magistrates can extend this period to 96 hours and then in further stages of 28 days if needed. Any person who has been detained for more than 24 hours should be brought before a magistrate the next day. This rule does not apply to weekends, Christmas Day or Good Friday.

Taking Legal Advice

Every detained person has the right to legal advice. This advice should be free from a duty solicitor but this could depend on the detained person’s financial circumstances. The detained person has the right to see their own solicitor if the offence is a serious one. Legal advice can also be given over the telephone from the Criminal Service Defence Direct. Once you have asked for legal advice you have the right not to answer anymore questions from the police. In fact the police should not ask any more questions if you have had legal advice.

If you have been detained and any of these procedures have not been followed then there are legal consequences that can be applied. Complaints can be made against the police if the public’s rights are infringed or breached. The police can be sued, disciplined or prosecuted for the abuse of rights or misconduct. It is very important that legal advice should be taken when arrested and detained by the police.

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Can a United States citizen be detained for not paying a Hospital or Doctor bill in Nigeria? Emergency information is needed. Thank you in advance.
Drew - 21-Feb-17 @ 4:46 AM
ana - Your Question:
If someone was in the hospital and then released but still has broken ribs and a fractured spine does the police have the right to arrest the man when he still has broken ribs and a fractured spine

Our Response:
Yes, they can even place someone under arrest in a hospital if necessary.
CivilRightsMovement - 16-Feb-17 @ 12:14 PM
If someone was in the hospital and then released but still has broken ribs and a fractured spine does the police have the right to arrest the man when he still has broken ribs and a fractured spine
ana - 15-Feb-17 @ 6:14 PM
My son of 15 a juvenile was detained in custody on the 18th of July, Saturday evening, after a stop and search. He was stopped for going equipped which after refusing to be searched, ended in his arrest and drunk & disorderly being quoted, he had no appropriate adult at the police station to let him know of his rights or the nature of the proceedings, he was then told to sign his bail sheet and bailed until yesterdMy son of 15 a juvenile was detained in custody on the 18th of July, Saturday evening, after a stop and search. He was stopped for going equipped which after refusing to be searched, ended in his arrest and drunk & disorderly being quoted, he had no appropriate adult at the police station to let him know of his rights or the nature of the proceedings, he was then told to sign his bail sheet and bailed until yesterday evening. The police officer didn't come to see my son, even though he was in the station. They then re-bailed him for another month, can the police make a juvenile sign his bail sheet without an appropriate adult being with him ?ay evening. The police officer didn't come to see my son, even though he was in the station. They then re-bailed him for another month, can the police make a juvenile sign his bail sheet without an appropriate adult being with him ?
rafal wall hack - 7-Dec-16 @ 10:58 AM
My husband was arrested in Chester city centre. He is a bus photographer - has been for over 40 years. Police arrested him - didn't ask what he was doing didn't look at camera arrested him for voyeurism recording a private act - cctv clearly demonstrates he was photographing buses. They say you can't photograph people in the street without permission as that is a private act! What can we do? They have our computer mobile phone and camera
Dom - 20-May-16 @ 6:58 AM
Hi I am after some advice I am currently taking civil action against the police. A armed raid was carried out on my property at 5am on 13/05/2015, (reasons someone anon said that my eldest 21yrs at the time had a gun and amo, he didn't the only thing found was a legal air riffle) which police later tried to return to my peoperty. There was aprox 2 van armed response (full kit helmets, guns, tazars, shields the lot and then aprox 10-15 p.c's.Police smashed Dr off but never entered property instead kettled my front door, screaming my eldest name. I have never had any dealings with police before in my (then) 38yrs of life, so this was extremely scary, and intimidating, especially as my other 3 children ages at time 4yrs, 10yrs, and 15yrs, my partner and my eldest's girlfriend were also in the property.I was only wearing vest top and thong as just woke up to shouting,so police could see I was not armed, told me to get everyone else up and out so my partner carried our 4yr old daughter down stairs, with sights from tasers on both of them, they were allowed straight out, my other 2 sons and myself came down stairs andwent to follow my partner with my son's close to me as I wentto go out door police shoved me back into the property with shield to my head. My eldest came down stairs followed by his G.F he had his hands up, and was saying I comply, I comply, I am not resisting, police told him to stop on bottom stair and turn round so his back was towards front door, they then deployed taser twice into his back. At this point myself and my other 2boys were screaming for help and to let us out next thing I knew they tasered myself once to my nippel (barb was deeply embedded into actual nipple)& the 2nd hit my public area. I rember screaming and hitting the floor. My son's were made to step over myself whilst still been taserd , and my 15yrs old who has mental health issues, was placed in cuffs ,behind his back for over an hour even though police were told his age. Police took myself and my eldest over 9miles to steel house Lane police station ( I had no coat and no shoes or socks on) we both still had taser embedded in us, police stain refused us, as needed hop to remove barbs,was taken city hop made to walk car park, n hop corrie doors, with no shoes etc. Once barbs were removed we were took back to shl police station, and even though I have never been known to police, & the raid and search of my property (without my knowledge) was over before 10am ( my partner was there), we were detained for over 9 and a half hour's last time I had seen my babies I was lying on floor with 50,000 kw going through my body, I had not had a phone call as didn't have my mobile and didn't know any numbers 5 times I asked for them to let either my partner or my parents know where I was. During this time unknown to myself my sister and neice and my partner separately when to local station asking if I was there and we're told that both me and my son had lefttaxi we ha
Dnb77 - 22-Apr-16 @ 2:38 PM
I have left the armed forces recently to I suffered a mental health state due too PTSD wen I called 999 for assistance the police turned up with plastic riot shields I was tazered for no aparent reason had cuffs and leg restraints placed on me then struck to the forehead and body by the plastic shield there was an inspector and sgt present as this vile criminal act was carried out they then removed the cuffs and restraints and left as tho nothing had happened I have complained to the ipcc but have heard nothing back
Daz - 14-Apr-16 @ 2:30 AM
Johny, I have the same problem. Neighbours harass,assault and threaten ... and even admit it, and nothing is done. But if I even sneeze to loudly, I am arrested .... or if I report assault am reported for perverting course of justice ... ie lying even when there is cctv evidence to support me! Council blame me for being aggressive .... the police in South Glos and Council are corrupt as hell. Go to your MP, report unfair treatment to Sari .... report to press and if in Bristol or South Glos call Daniel Woodman and Co ... they can help!
Dusty - 19-Mar-16 @ 10:49 AM
I have been arrested and humiliated within my community and my work place ad even though I requested they were not in formed they were not and this is causing an extra issue for me. The arrest was due to a stolen van being abandoned about 50m from my home,this van was apparently taken with a spare key. The van was previously owned buy someone that shares my christian name and was someone whom I did not know of until I was interviewed, they live in another street about 200m away as the crow flyes. Was this a legitimate reason for arrest meconsidering I know neither the current owner or the last and police have acceas to dvla records?Also my rights were not read to me untill I was in interview. Once this case has been nfa'ed I'm considering sueing for loss of earnings, the cost of a new mobile phone as I am required to have one for my job and they ceased both my current and spair phones and also for emotional damages due to mental health issues and the humiliation this is causing me.
Corrupt cops - 11-Feb-16 @ 10:44 PM
Hi we have had problems with our neighbours they have committed ,3 common assaults against myself my partner and my partners son our GMP police are not interested and do not seem to follow there written procedure I myself have been involved in an incident with 2 of my neighbours and I have been charged immediately this may be because of some influence by a pc who lives in the street but they also have brought charges against my partner for an alleged criminal damage scratch on car who was walking the large dog we haveat the time we seem to b in a position where anything they report is acted on immediately we are still waiting for a CPO offer to take statements regarding the last assault on the 23 of December he previously told us that no action would be taken by GMP regarding any of the assaults this cannot be correct or is this a discretion taken deliberately as to aid there prosecution of me
Johny - 6-Jan-16 @ 5:43 PM
Kitkat - Your Question:
When being detained from your car to a police vehicle and the police officer proceding to threaten you, interrogate you, is he required to read the Miranda rights? NEED A REPLY ASAP

Our Response:
Sorry but we are a UK based site so can only really comment on UK based posts.
CivilRightsMovement - 9-Oct-15 @ 2:19 PM
When being detained from your car to a police vehicle and the police officer proceding to threaten you, interrogate you,is he required to read the Miranda rights? NEED A REPLY ASAP
Kitkat - 3-Oct-15 @ 7:07 AM
I need urgent respond pls Can police detain a juvenile for 3days becos he or she was involved in a fight with adult?
iyeisah - 21-Jul-15 @ 9:05 PM
My son of 15 a juvenile was detained in custody on the 18th of July, Saturday evening, after a stop and search. He was stopped for going equipped which after refusing to be searched, ended in his arrest and drunk & disorderly being quoted, he had no appropriate adult at the police station to let him know of his rights or the nature of the proceedings, he was then told to sign his bail sheet and bailed until yesterday evening. The police officer didn't come to see my son, even though he was in the station. They then re-bailed him for another month, can the police make a juvenile sign his bail sheet without an appropriate adult being with him ?
TonyM - 21-Jul-15 @ 5:42 PM
@bubba. Yes the police have the power to seize any dog that they consider dangerous.
CivilRightsMovement - 7-May-15 @ 12:28 PM
Does the police have to take away a dangerous dog if not a stray in Scotland
bubba - 30-Apr-15 @ 8:30 PM
Sir if the police is not lodging FIR then what i should do?
kaptan - 8-Aug-14 @ 12:47 PM
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