IF YOU ARE ARRESTED … YOU HAVE THE RIGHT TO:
- Free legal advice at the police station
- Have someone notified that you are in custody
- Be given a copy of the ‘PACE (Police and Criminal Evidence Act 1984) Codes of Practice’ which explains your rights in details. Ask if not offered.
- Remain silent and say “NO COMMENT” in a police interview
- See a doctor if you have injuries or feel ill
We advise that you DO NOT accept any charge including cautions, answer any questions (whether it be in a van or interview or otherwise) or sign anything without speaking to a legal adviser. There is no such thing as a ‘friendly chat’ – anything you say may be used as evidence. If you appear under 17 an appropriate adult (a parent/guardian or other responsible adult) will be required to be present during any interview.
GETTING LEGAL ADVICE
We advise that you ask to speak to a legal adviser straight away. The police may say that it will be quicker without but this is unlikely to be in your best interests. If you don’t know a solicitor already we recommend:
Bindmans 020 7833 4433 • Birnberg Peirce 020 7911 0166
Hodge Jones & Allen 07659 111192
Produced by Newham Monitoring Project – independent anti-racist & civil justice organisation. 24 hour freephone emergency service line for free confidential advice, support and legal referral: 0800 169 3111
For general enquiries contact: email@example.com
STOP & SEARCH/ STOP & ACCOUNT ….
The police MUST tell you:
- WHY they suspect YOU (except for Section 60 stops)
- WHAT LAW they are using
- Their NAME & badge NUMBER
- The STATION they work at
- If they search you – WHAT they are LOOKING FOR
- Your right to a written record (RECEIPT*)
* This is to prove you were stopped and get the officer’s details – you
don’t need to give yours. It should be issued on the spot unless it is
not practicable. DO check the form has been filled in properly.
You DO NOT have to TALK to them! Not even to give either your name or address, under ANY search powers.
A name and address is usually only required if:
- You are stopped driving a vehicle
- The police believe you have committed an offence or antisocial behaviour
- Anti-social behaviour
- You are given a court summons
It is legal for you to film the police conducting a stop and search on public property. You are entitled to collect and preserve evidence. The person being searched can confirm they do not feel it is invading their privacy. Normal rules apply about not obstructing the police.