Nadeem Afzal - 0785 222 6702

What are my rights if I am taken into custody?

If you are arrested, you should be taken to a police station as soon as possible. The police would have to justify any delay in taking you to a police station. Once at the police station, the arresting officer will have to justify to the custody officer why the arrest is lawful. The custody officer will have to authorise your lawful detention. He will explain to you that you have three rights. The right to free and independent legal advice. The right to have someone informed of your arrest and the right to read the codes of practice.

You will then be asked to have your photograph taken. You will have to give a set of your fingerprints and give a DNA sample. These requirements are the law and you can not refuse to comply.

Either at the time of your arrest or after your detention has been authorised at the police station, the police may want to search your premises. The police must cause no more disruption than necessary in carrying out the search. If you feel that damage or unreasonable disruption has been caused, you should consult a solicitor.

The police will provide you with a list of any property taken and must return property not required for the purposes of any investigation. If you believe that property has been seized by the police improperly, you should contact a solicitor. However, you should not disrupt any search that is taking place.

In rare cases, the police can require businesses or organisations to provide certain information or records. This is a complex area of law and if you receive such a request you should contact a specialist solicitor without delay.

Should I answer police questions?

If the police wish to ask you questions regarding your suspected involvement in a criminal offence, they should caution you before doing so. The wording of the caution is “You do not have to say anything, but it may harm your defence if you fail to mention something when questioned that you later rely on in court. Anything you do say may be used in evidence against you”.

Interviews under caution will generally take place at a police station and be taped recorded. It is vital to consult a solicitor before any interview takes place (see above).

Your solicitor will have obtained information from the police regarding the allegation against you and will advise you in private. He or she will keep any information you give to him or her in the strictest confidence.

You have a right to remain silent when questioned under caution, and your solicitor will advise you what is in your best interests.

If you are asked questions by a police officer outside the police station, for instance at your own home or in the street, and you have not been cautioned, there is generally no obligation to answer questions although it may be advisable to comply with a request to provide the police with your personal details. If you have any doubts as to whether to answer questions, it is advisable to seek the advice of a specialist solicitor.

In rare circumstances, it is an offence not to disclose certain records or information that may be in your possession to the police, or to fail to answer certain specified questions. It is not possible to provide guidance on these situations here, and it is essential to seek the advice of a specialist solicitor as soon as possible if these issues arise.

What are my rights if I am stopped and searched in the street by police?

A police officer may stop and search you in the street if he has reasonable grounds to suspect that you have certain items on you. The officer should identify himself or herself and explain the reasons for the search and explain that you are entitled to a written record of the search itself.

In certain circumstances, where the stop and search is in relation to terrorists allegations, the police powers are much wider and do not require reasonable suspicion that specified items are on you. If you believe that you have been wrongfully or unlawfully searched, you should consult a specialist solicitor as soon as possible who will advise you as to what action may be available.

What are my rights if the police enter my premises to seize property?

The police can enter your home or business premises with a warrant. In certain other circumstances, for instance following an arrest, they may be able to enter without a warrant. If the police do enter your premises and you are in any doubt as to their powers, consult a solicitor -  although it is generally not possible to take any steps to prevent a search itself if it is already ongoing.

The police must cause no more disruption than necessary in carrying out the search. If you feel that damage or unreasonable disruption has been caused, you should consult a solicitor.

The police will provide you with a list of any property taken and must return property not required for the purposes of any investigation. If you believe that property has been seized by the police improperly, you should contact a solicitor. However, you should not disrupt any search that is taking place.

In rare cases, the police can require businesses or organisations to provide certain information or records. This is a complex area of law and if you receive such a request you should contact a specialist solicitor without delay.