UK POLICE ARREST : EXPERT LEGAL ADVICE

Outlined below is a basic guide to your legal rights if the police arrest you. In most cases the golden rule is to say nothing until such time as you are able to take professional legal advice from a solicitor. After discussing the situation your solicitor may advise you to make a statement and if you chose to do so it should in every instance be made in the presence of your solicitor. There is a government funded ‘duty solicitor scheme’ in operation in every town applicable to every police station in the UK. You have the same legal rights everywhere in the UK, one of which is to have access to the duty solicitor before making any comment.

Upon police arrest in England and Wales (Scotland and Northern Ireland have similar, though not identical, wording) the police are required to say the following:-

"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."

An arrested person can normally be kept in custody for a maximum period of 24 hours which is extended to 36 hours for a serious offence and only a magistrate can order that the custody period be extended. There may be many reasons why an accused person may not wish to make comment on an alleged offence and you should not be intimidated into answering questions prior to seeing a duty solicitor. You are, by law, allowed access to a legal representative. There is no such thing as a friendly chat or an ‘off the record’ conversation as far as the police are concerned and it is better to say nothing until there has been the opportunity to take legal advice. Those under arrest have the right:-

• to be treated with humanity and with respect
• to see the written codes governing the legal rights and treatment of those who have been arrested
• to speak to the custody officer who must look after the arrested persons welfare
• to be advised of the reason for the arrest
• to have someone notified of the arrest (but this does not extend to making a personal phone call)
• to consult privately with a solicitor

The police can search premises with the consent of the owner or by the authority of a search warrant signed by a magistrate. They also have statutory authority to enter premises without a search warrant in certain circumstances which include :-

• a search of premises occupied by or in the control of someone who the police arrest
• to capture an escaped prisoner
• when in pursuit of a person that they intend to arrest for certain specific offences
• to protect life or to prevent serious damage to property.

If you have been arrested you may need the help of an expert lawyer to ensure fair treatment. It is in your interests to be represented by a specialist who will give you clear advice on your legal rights. If you would like to talk to an experienced lawyer with no charge just use the help line. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged anything at all.

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