The police can arrest any suspect for an offence when it is 'reasonably necessary' to do so. In some circumstances, the police should not arrest you at all. Please contact us as soon as you are aware that the police want to speak to you.
What is arrest?
An arrest is simply a mechanism whereby the police can suspend the ordinary rights of an individual to exercise their right to liberty. It gives them the power to detain you at a police station whilst enquiries are made and to interview you about an allegation.
Why may the police want to arrest me?
Usually because you are a suspect into an investigation into an alleged criminal offence. They must have reasonable grounds to suspect your involvement. However, just because you have been arrested, does not mean that you are guilty of the suspected crime. Many people are arrested on suspicion of crimes they have not committed. This is why it is very important to have us at the police station with you as mistakes made at the investigation stage can lead to charge and conviction in court.
What happens when I am arrested?
You will be taken as soon as is practical to a police station where a custody officer will be asked to authorise your detention usually for the purpose of questioning in a tape recorded interview. The police will also take your fingerprints and a sample of DNA using a mouth swab. You will also be asked a number of personal questions which are designed to assist the police in understanding whether you have any medical problems or special needs they should know about whilst you are in custody.
What are my rights on arrest at the police station?
You have the right to speak to a solicitor in person or on the phone. We always respond to telephone calls informing us of your arrest without delay. We can be at most local police stations within 45 minutes.
How long can the police keep me at the police station?
In most circumstances the maximum period the police can detain you without charge is 24 hours. Most people are in police detention for much less time than that. The police will keep you for as long as it takes to interview you.
In some cases where the police are investigating serious crimes, a senior officer can authorise detention for a further period of 12 hours, up to a maximum of 36 hours. In the most exceptional circumstances, a magistrate can authorise detention for up to 72 hours.
Am I entitled to legal advice whilst at the police station?
Yes you are. The police will ask you whether you want to have legal advice whilst at the police station. Our advice and assistance at the police station is FREE OF CHARGE.
After I have been interviewed, what happens?
This depends on the individual circumstances.
Sometimes the police will decide straight away that they do not wish to take any further action. Sometimes they will go to the Crown Prosecution Service (CPS) and ask for advice. The CPS may recommend that the police charge you with an offence. You may be bailed to come back to the police station at a later date so that they can take further steps in their investigation.
What does police bail mean?
It means that you have a legal obligation to return to the police station at the time and date that is specified. Sometimes, the police can impose conditions on your bail. This means that they can prevent you, for example, to go to a certain place or to contact a certain individual. They may require you to live at a certain address.
What does breaching police bail mean?
This means disobeying the terms of your bail either by failing to turn up when you are required to do so or by not complying with the conditions of your bail.
What can happen if I breach my bail?
You are liable to be arrested and possibly brought before a court in custody to explain yourself. In some instances, you could be sent to prison.
What will happen if the police charge me?
The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you. You will be given a date to appear before a Magistrates Court at some time in the days and weeks following. Your fingerprints will be recorded and you will be photographed. If you are charged with an offence, this is simply a formal accusation. It does not mean you have been convicted of that offence. You are entitled to dispute the facts of the case by pleading “not guilty” at court and having a trial.
What happens if I cannot go to court?
You must let the court know in advance if there is any difficulty in attending court otherwise you will be breaching bail and a warrant will be issued for your arrest.
