Your rights on arrest - United Kingdom
When can the police arrest you
Police can arrest you if they have a valid arrest warrant. There are also some situations where they can arrest you without a warrant. These are where:- you are in the act of committing certain offences
- they have reasonable grounds for suspecting you are committing certain offences
- they have reasonable grounds for suspecting you have committed certain offences
- you are about to commit certain offences
- they have reasonable grounds for suspecting you are about to commit certain offences.
- they do not know, and cannot get, your name
- they think you have given a false name
- you have not given a satisfactory address. This means an address where the police can contact you
- they think you have given a false address
- the arrest is necessary to prevent you causing physical injury to yourself or others, suffering physical injury, causing loss or damage to property, committing an offence against public decency, or causing an unlawful obstruction of the highway
- they have reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person.
What should happen on arrest
The police should only use reasonable force to make an arrest and they should inform you that you are under arrest as soon as possible. After the arrest, they should explain why they have arrested you. The police must caution you unless it is impractical to do so or unless they cautioned you immediately before they arrested you.If the police arrest you somewhere other than at a police station, they should take you to a police station as soon as possible. If they arrest you for theft and you were seen taking property but did not have it after a chase, the police officer can retrace your tracks. This may allow them to recover the property. They should take you to the station once they have recovered the property.
At the police station
At the police station, the police should inform you of:- your right to inform someone of your arrest
- your right to legal advice (see under heading Legal advice)
- your right to look at the police codes of practice.
If you do ask for someone to be informed of your arrest, this should happen as soon as possible, unless you have been arrested for certain offences and an officer of the rank of superintendent (or above) allows a delay. In order to allow a delay, the officer should be satisfied that there are reasonable grounds for believing that informing someone of your arrest would:
- lead to interference with evidence
- affect the police’s ability to recover property
- lead to other suspects being alerted
- prevent recovery of the proceeds resulting from drug offences.
How long can the police hold you
The police should not detain you for more than 24 hours without charging you, unless an officer with the rank of superintendent (or above) or a magistrate gives permission.A police officer with the rank of superintendent (or above) can authorise detention for a further 12 hours. Magistrates can authorise further detentions up to a maximum of 96 hours. Once charged, if you're still in detention, you should be brought before the magistrates the next day (but not on Christmas Day, Good Friday or any Sunday).
If you’re arrested as a suspected terrorist, different rules apply. A judge can authorise continued detention, in stages, for up to 28 days.
Right to silence
Although you have a right to silence, courts can take your silence into account when deciding whether you are guilty or innocent.Legal advice
You have the right to free legal advice from the duty solicitor. This does not depend on your financial circumstances.Your request will be passed to the Defence Solicitor Call Centre. If the offence is less serious, the Call Centre will refer you to Criminal Defence Service Direct. This covers offences like drink driving, disorderly behaviour and breaches of bail. Criminal Defence Service Direct employs solicitors who will give you legal advice on the telephone. You still have the right to be advised by a solicitor in person if:
- you're accused of a more serious offence, or
- the police intend to interview you under caution, or
- if you're considered to be vulnerable.
The Legal Services Commission produces a leaflet which gives you more information about Criminal Defence Services at the police station. You can download it from their website at: www.legalservices.gov.uk.
Once you've asked for legal advice, the police must not normally question you. You don't have to answer any questions until you have spoken to a solicitor.
Fingerprints, photographs and DNA samples
If you have been arrested, charged, convicted or received a caution, warning or reprimand for a recordable offence in England and Wales, the police have the power to take your fingerprints, photographs and a DNA sample without your consent to prevent and detect crime.If you have been convicted of a serious violent, sexual or terrorist offence outside of England and Wales, the police also have the power to take your fingerprints, photographs and a DNA sample.
Even if you are not convicted of an offence, the police currently have the power to keep your fingerprints and DNA sample on a DNA database.
But the government are suggesting a change to this law. This is because keeping your fingerprints and DNA on a database has been found to be a breach of your human rights.
Young people
If you are under 17 years of age and are detained by the police, an appropriate adult – usually your parent or guardian - should be informed as soon as possible. The police should not interview you until your parent is present, unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property.People with learning difficulties
If you have learning difficulties, the police should only interview you when a responsible person is present, unless delay would result in a risk of injury or harm to property or people. You should be accompanied at interview by:- a relative or other person responsible for your care, or
- a person who is not employed by the police, and who is experienced in dealing with people with learning difficulties, or
- some other responsible adult who isn't employed by the police.
People from abroad
If you are from abroad, you have the right to tell your High Commission, embassy or consulate your whereabouts. If you are from certain countries where the UK has a special agreement, the High Commission, embassy or consulate will be told about your arrest automatically.If your first language is not English
If you have difficulty understanding English and the interviewing officer cannot speak your language, you should be provided with an interpreter. The police must not interview you until the interpreter is present unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property.Deaf people and people with hearing/speech difficulties
If you have hearing or speech difficulties, the police should offer you an interpreter. They should not question you until the interpreter is present unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property, or unless you agree in writing to be interviewed without one.Police powers to deal with you without going to court
If the police have gathered enough evidence to make a criminal case against you, you might be charged and prosecuted. This will mean going to court. However, not all offences have to be dealt with by the courts. The police may be able to deal you by using an alternative to prosecution. These alternatives are called out-of-court disposals.For example, you could get a cannabis warning if you were caught with a small amount of cannabis for your own use. Another example is that the police could give you a formal caution or they could give you a penalty notice (a sort of fine) for disorder. You have to agree to an out-of-court disposal.
You should get legal advice before agreeing, as an out-of-court disposal could affect your future. For example, it could be disclosed to your employers and will count as a criminal record. There is a leaflet which explains more about out-of-court disposals. It should be given out in police stations after you have been arrested. Or you can download the information from the website of the Office for Criminal Justice Reform at: www.cjsonline.gov.uk.
Complaints
If you feel the police have treated you unfairly, the best course of action depends on the nature of your complaint. For example, if the police have obtained evidence by breaking code of practice rules, a court may refuse to accept police evidence in any case against you and your case could be dismissed. Make sure you tell your solicitor if you think the police have broken the code of practice.Alternatively, you may wish to use the police complaints procedure to complain about an individual officer's behaviour, or take court action (see under heding Suing the police, below).
Make sure you tell your solicitor if you think the police have broken a code of practice, if you think you have been treated unfairly or if you have been discriminated against.
If you want to make a complaint, you should get further advice from a solicitor. You could also get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Making a complaint
You can make a complaint by:- contacting the Independent Police Complaints Commission (IPCC). You can do this by phone, email, post, fax or minicom
- contacting any police station in person, by post, phone, fax or email. If you go in person, ask to see the duty officer. You can search for details of a police station at: www.neighbourhoodpolicing.co.uk
- contacting your local Citizens Advice Bureau for help. A solicitor or MP can also make a complaint on your behalf.
Information about how to complain is also available in several different languages at: www.ipcc.gov.uk/index/complaints.
You can order paper copies of this information from the IPCC Customer Services Team on 020 7166 3097 or by email at enquiries@ipcc.gsi.gov.uk. The information is also available in audio, Braille, large print and easy-read formats.
Contact details for the IPCC are:
Independent Police Complaints Commission
5th floor
90 High Holborn
London
WC1V 6BH
Tel: 0845 300 2002
Minicom: 020 7404 0431
Fax: 02920 361 948
E-mail: enquiries@ipcc.gsi.gov.uk
website: www.ipcc.gov.uk
Suing the police
If your complaint is serious, you may wish to sue the police. You can sue the police in the same way that you can sue members of the public. If you want to sue the police, you should talk to a specialist solicitor.Sources of help
Liberty
Liberty campaigns on civil liberties issues and human rights including complaints against the police. They have a public advice service where members of the public can obtain advice. Liberty's address is:21 Tabard Street
London
SE1 4LA
Public Advice line: 08451 232307 (Mon and Thurs 6.30pm-8.30pm; Weds 12.30pm-2.30pm)
Website: www.liberty-human-rights.org.uk
Police monitoring groups
Police monitoring groups are campaigning organisations that aim to increase public awareness of police work and improve police policies. Most police monitoring groups are in London. The groups offer free advice, may take up a complaint and will make referrals to a solicitor. To find out whether you have a local group, contact your local authority.Law Centres
Law centres offer free advice and representation. The Law Centres Federation can provide details of your local law centre.Law Centres Federation
PO Box 65836
London EC4P 4FX
Tel 020 7842 0720
Fax 020 7842 0721
Email: info@lawcentres.org.uk
Website: www.lawcentres.org.uk
