Once you are taken to the police station you have the right to :
Access to Free Legal Guidance
Upon arrest and prior to interrogation, you're entitled to consult with a legal advisor. You can opt for the on-duty solicitor or reach out to a specific legal consultant.
This advice is free. The solicitor will inform you about the possibility of receiving legal aid for further counsel. Occasionally, you might receive this advice via phone rather than face-to-face. You're free to change your mind about wanting legal advice at any point, and any counsel given will be confidential and private.
Written Rights and Language Services
You have specific rights that law enforcement must adhere to, such as meal provisions and the duration of your stay at the police station. These rights will be provided in writing and in your native language.
If you're D/deaf or not a native English speaker, you're eligible for a complimentary interpreter or signer.
Informing Others of Your Location
You have the right to request the police to notify someone (like a friend or family member) about your whereabouts at the police station, free of charge. If you're an international resident, you can inform your embassy or consulate.
Medical Assistance
If you're unwell, require medication, or have sustained an injury, inform the police. They will arrange for a healthcare provider to examine you at no cost. If you disclose any mental health concerns, the healthcare provider will determine your suitability for questioning and detention at the police station.
Legal Framework and Police Conduct
Law enforcement operations are governed by the Police and Criminal Evidence Act 1984 (PACE 1984), which includes guidelines on stop-and-search procedures and recording interviews. You can request to view these codes while in custody.
The Role of an Appropriate Adult
If you're deemed 'mentally vulnerable,' an appropriate adult will be arranged to safeguard your well-being and ensure you comprehend the proceedings.
This individual is distinct from a legal advisor and could be a family member, friend, or professional. Conversations with them are not legally privileged.
Mental Health Support
If you have mental health issues, it's crucial to inform the police and healthcare professionals to receive appropriate care. The type of support you receive will depend on your specific needs, which could range from medication to mental health evaluations. You, your solicitor, or the custody officer can request an assessment by the Liaison and Diversion service.
What Follows Post-Questioning?
Your subsequent experience will vary based on your individual circumstances.
If the Police Don't Press Charges
The inquiry might conclude without any charges against you, through one of these avenues :
- No Further Action (NFA) : If evidence is insufficient, the police might opt not to charge you, and the case will be closed. This could appear on a security screening if you're applying for a job that necessitates a DBS check.
- Caution or Fine : If you confess to the charge and the offence is minor, you might be given a caution or required to pay a fine. Both will be recorded on your criminal history and will be visible on a DBS check for job applications.
- Fixed Penalty Notice/Penalty Notice for Disorder : Similar to a caution, you might have to pay a fine for a minor offence. This will also be recorded on your criminal history and appear on a DBS check.
- Hospital Admission : You could be admitted to a hospital either voluntarily or under the Mental Health Act. The police may continue their investigation while you're hospitalised, or they might decide to close the case.
Ongoing Police Investigation
While the police are still probing the case but haven't charged you yet, several things could occur :
- Release on Bail : You might be released but required to return to the police station at a later date. There could be conditions you must adhere to, such as residing at a specific address. Non-compliance may result in re-arrest. Bail is only an option if it's 'necessary and proportionate.' Bail duration is capped at 28 days post-arrest but can extend to three months for intricate cases.
- Release Under Investigation (RUI) : This differs from bail as you're not bound by any conditions.
- Hospital Admission : Similar to the above, you might be admitted to a hospital either voluntarily or under the Mental Health Act.
If You're Charged with an Offence
After the investigation, the police and the Crown Prosecution Service will determine whether to formally charge you.