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- Newsgroups: alt.drugs
- From: salmon@dcs.warwick.ac.uk (Salmon)
- Subject: Rights on Arrest (UK)
- Message-ID: <1994Feb25.143933.23985@dcs.warwick.ac.uk>
- Date: Fri, 25 Feb 1994 14:39:33 GMT
-
-
- Hmm... There's been lots of discussion recently about your rights in the US,
- and what to do if stopped by the police, etc...
-
- Rob found the following card somewhere: It is reproduced here without
- permission. Any spelling mistakes, grammatical errors, etc. are mine ;)
-
- It's quite worrying actually - it seems to say that, basically, the police can
- do what they like...
-
- -------------------------------------------------------------------------------
-
-
-
-
- R E L E A S E
-
-
-
- RIGHTS ON ARREST CARD
-
-
- For information and help
- in dealing with the police,
- the criminal courts or drug
- problems, contact:
-
- ADVICE LINE:
- 071 729 9904
- 10-6 Monday to Friday
-
- EMERGENCY HELPLINE:
- 071 603 8654
- at all other times
-
- If you need to see us,
- please ring first for an appointment
-
- ----
-
- In practice you have few enforceable rights against the police: even evidence
- illegaly obtained by them can be used against you in Court.
-
- REMEMBER:
-
- 1. Don't get drawn into conversations with the police. Apparently innocent
- remarks can be used against you. You do not have to say or write anything,
- or sign any statement. You have the right to refuse to answer all police
- questions. Most people are better off remaining silent when being
- questioned.
- If the police suspect you have committed any offence you can be arrested if
- you refuse to give your name and address, or if they aren't satisfied with
- the address you have given.
- 2. If in doubt, do and say nothing until you have contacted your solicitor,
- Release, or the Duty Solicitor.
- 3. If anything you ask for is refused, ask why and remember the reason given.
- 4. As soon as possible make full notes of what has happened and give them to
- your solicitor. These can be used as evidence in court. If you have been
- injured go and see a doctor as soon as possible, giving a full explanation
- of your injuries.
-
- ON THE STREET - IF YOU ARE STOPPED:
-
- 1. Check police identity; ask to see their warrant card, and remember any
- details. If they are uniformed, remember their numbers.
- 2. If you are stopped and searched in the street ask why. The police can stop
- you in any public place if they suspect that you are in possession of
- 'prohibited articles' such as offensive weapons, or stolen goods.
- On the street, the police can only search outer clothing such as coats,
- gloves etc. If they suspect that you are in possession of illegal drugs,
- they can take you to a police station for a more thorough search without
- formally arresting you. They should show evidence of identity before
- searching you, and must keep a record of the search.
-
- IF YOU ARE TAKEN TO A POLICE STATION:
-
- 1. The Custody Officer should give you a notice setting out your rights.
- a. You have the right to have someone informed of your arrest.
- b. You have the right to consult your lawyer or a Duty Solicitor. Advice
- under the Duty Solicitor scheme is free.
- c. You have the right to consult the PACE codes of practice.
- Access to legal help and informing someone of your arrest can be delayed if
- you are suspected of a 'serious offence'.
- MOST IMPORTANT OF ALL, YOU HAVE THE RIGHT TO REMAIN SILENT.
- 2. Ask if you have been arrested, and if so why. Ask to see the custody officer
- as soon as you arrive at the police station. Make sure that the starting
- time of your detention is correctly recorded at the top of the police
- custody record, together with a record about whether you need a solicitor or
- relative informed. Make sure you know why you are being held. The nature of
- the charge determines your entitlement to rights in the police station.
- 3. Ask the custody officer to phone your solicitor, the Duty Solicitor, or
- Release. Insist that a friend or relative is informed of your arrest. You
- have the right to have someone informed without delay unless you are being
- detained in connection with a 'serious arrestable offence' (PACE Act
- section 56).
- If this is the case police can delay access to solicitors and relatives in
- specific circumstances. If they do refuse access, ask why. Insist the
- reason is recorded on your custody sheet. Even if the police are confident
- that there are grounds for refusing access to a solicitor, they have to
- allow access before 36 hours has expired.
- 4. Ask to be charged or released. Unless you are suspected of a 'serious
- offence', you must be released or charged within 24 hours of detention, and
- you have the right to consult a solicitor at any time. Make sure that your
- request to see a solicitor and the time of the request is recorded by the
- custody officer.
- Whatever the police say, NEVER sign the custody sheet saying you don't want
- to see a solicitor. Insist on seeing one. If you are held in connection with
- a 'serious offence' you can be held for up to 36 hours without access to a
- solicitor, without being charged, if certain conditions are satisfied. For
- guidance, ask the police for their codes of conduct on detention. You have
- the right to see them.
- After 36 hours, you have the right to see a solicitor. A magistrate may
- order your continued detention in the police station for up to 96 hours,
- with a series of reviews. If, after 96 hours, you have still not been
- charged, you have the right to be released.
- 5. In order to get bail (i.e. released from the police station before going to
- court) you will probably have to satisfy the police that you have a fixed
- address. REMEMBER - don't admit anything to the police until you have
- talked to a solicitor. You have the right to remain silent.
-
- IF YOUR HOME OR WORKPLACE IS TO BE SEARCHED:
-
- Police do not need a warrant or your permission to enter your home in order
- to arrest someone, but in theory they should name the person sought.
- Searches can sometimes be conducted without a warrant. In all cases you
- should ask the police to identify themselves, and ask the reason for the
- search. You are entitled to see a copy of the search warrant. Police should
- supply you with information about their powers to search premises. A record
- of the search must be kept by the police.
-
- (c) Release Publications 1991
- -------------------------------------------------------------------------------
- \\ o | Salmon the fish
- |\/ o\ o | salmon@dcs.warwick.ac.uk
- > < o |
- |/\ / | "The greatness of a nation and its moral progress can be
- // | judged by the way its fish are treated" - Gandhi, sort of
-
-
-