In Custody Flashcards
If you are asked questions about a suspected offence, what should you say (UK law)?
You do not have to say anything. However, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
Can you be released on bail if you get charged and thought to be at risk of committing another offence, failing to turn up at court, intimidating other witnesses, or obstructing the course of justice? (UK law)
You can be released on conditional bail - this means your freedom will be restricted in some way, eg they can impose a curfew on you if your offence was committed at night.
What is the longest you can be made to wait before getting legal advice?
36 hours, after arriving at the police station (or 48 hours for suspected terrorism).
Can you see your records (UK law)?
The police must let you or your solicitor see records and documents about why you have been arrested and are being detained and about your time at the police station.
What if If you are not sure about your rights (UK law)?
You can ask the police custody officer and they should assist you.
Can the UK police tell you about the offence they think you have committed?
The police must tell you about the offence they think you have committed and also why you have been arrested and why are you being detained.
Who can you speak with whilst detained (UK law)?
You can speak with soliciter to get free legal advice, tell someone where you are and speak with doctor or nurse to have medical help if you’re feeling ill. If you are not British, you can contact your embassy or consulate to tell them where you are detained. All of this is free.
Can you change your mind later if you turn down your right for a free legal advice or legal aid (UK)?
Yes, you have the right to free legal advice (legal aid) if you’re questioned at a police station even if you change your mind later if you turn it down.
Can you tell the UK police if you want to look at their rules? (they are formally called the Codes
of Practice)
Yes.
What happens if you can speak or read English really well and got detained (UK law)?
If you need an interpreter, the police must get you one. You can also have certain documents translated. This is free.
If you have committed a less serious offence e.g. being disorderly, can you still get free legal advice (UK law)?
Yes, but you may be offered legal advice over the phone instead of a duty solicitor. The advice is free and independent of the police.
How long can you be held in custody (UK law)?
The police can hold you for up to 24 hours before they have to charge you with a crime or release you.
It can be up to 36 or 96 hours if you’re suspected of a serious crime, eg murder and up to 14 days If you’re arrested under the Terrorism Act.
The police must tell you how long they can detain you for.
What can the UK police obtain from you without needing permission?
The police have the right to take photographs of you. They can also take fingerprints and a DNA sample (eg from a mouth swab or head hair root) from you as well as swab the skin surface of your hands and arms.
If you are in need of medical help whilst being in a UK custody, what can you do?
You can tell the police if you feel ill or have been injured. Medical help is free.
What happens when you’re arrested (UK)?
You’ll usually be taken to a police station, held in custody in a cell and then questioned. After, you may be released or charged with a crime.
