When someone is arrested they have various rights and entitlements to protect them and ensure they are treated fairly at all times while in police custody.
Some of these rights include:
Right to Know the Reason for Arrest
You have the right to know why you have been arrested and what offence you are being held on suspicion of.
Right to Remain Silent
You have the right to remain silent during police questioning. Anything you say can be used as evidence against you, so it is a good idea to wait for legal advice before answering questions.
Right to Independent Legal Representation
You have the right to have a solicitor present when you are asked questions in interview. You can choose your own solicitor or if you do not have your own solicitor, you can request a duty solicitor, who is a solicitor that will be provided to you free of charge.
Right to Notify Someone
You have the right to inform someone about your arrest, such as a friend, family member, or employer. There are some circumstances where you might not immediately be allowed to do this but generally if the police will not let you make the phone call straightaway, they can do this for you.
Right to Medical Attention
If you need medical attention, you have the right to request it while in custody.
Right to Review the Codes of Practice
The police must provide you with a written notice of your rights, including the Codes of Practice, which outline how you should be treated in custody.
Right to Review Detention
You must be regularly informed of the progress of your case and the reasons for your continued detention.
Right to Detainee Custody Record
You can request to see your custody record, which details your time in custody, including any interviews, meals, and access to legal representation.
Right to Fair Treatment
You have the right to be treated fairly, respectfully, and without discrimination while in custody.
Right to Consulate Notification
If you're not a British citizen, you have the right to have your country's consulate notified of your arrest.
It's important to remember that these rights are designed to protect you, and you should exercise them to ensure that you're being treated fairly and in accordance with the law. If you're unsure about any of your rights or entitlements, you should always seek legal advice.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.