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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