Newsgroups: alt.drugs
From: salmon@dcs.warwick.ac.uk (Salmon)
Subject: Rights on Arrest (UK)
Message-ID: <1994Feb25.143933.23985@dcs.warwick.ac.uk>
Date: Fri, 25 Feb 1994 14:39:33 GMT


Hmm... There's been lots of discussion recently about your rights in the US,
and what to do if stopped by the police, etc...

Rob found the following card somewhere: It is reproduced here without
permission. Any spelling mistakes, grammatical errors, etc. are mine ;)

It's quite worrying actually - it seems to say that, basically, the police can
do what they like...

-------------------------------------------------------------------------------




                         R  E  L  E  A  S  E



                        RIGHTS ON ARREST CARD


                       For information and help
                      in dealing with the police,
                      the criminal courts or drug
                          problems, contact:

                             ADVICE LINE:
                             071 729 9904
                        10-6 Monday to Friday

                          EMERGENCY HELPLINE:
                             071 603 8654
                          at all other times

                        If you need to see us,
                please ring first for an appointment

----

In practice you have few enforceable rights against the police: even evidence
illegaly obtained by them can be used against you in Court.

REMEMBER:

1. Don't get drawn into conversations with the police. Apparently innocent
   remarks can be used against you. You do not have to say or write anything,
   or sign any statement. You have the right to refuse to answer all police
   questions. Most people are better off remaining silent when being
   questioned.
   If the police suspect you have committed any offence you can be arrested if
   you refuse to give your name and address, or if they aren't satisfied with
   the address you have given.
2. If in doubt, do and say nothing until you have contacted your solicitor,
   Release, or the Duty Solicitor.
3. If anything you ask for is refused, ask why and remember the reason given.
4. As soon as possible make full notes of what has happened and give them to
   your solicitor. These can be used as evidence in court. If you have been
   injured go and see a doctor as soon as possible, giving a full explanation
   of your injuries.

ON THE STREET - IF YOU ARE STOPPED:

1. Check police identity; ask to see their warrant card, and remember any
   details. If they are uniformed, remember their numbers.
2. If you are stopped and searched in the street ask why. The police can stop
   you in any public place if they suspect that you are in possession of
   'prohibited articles' such as offensive weapons, or stolen goods.
   On the street, the police can only search outer clothing such as coats,
   gloves etc. If they suspect that you are in possession of illegal drugs,
   they can take you to a police station for a more thorough search without
   formally arresting you. They should show evidence of identity before
   searching you, and must keep a record of the search.

IF YOU ARE TAKEN TO A POLICE STATION:

1. The Custody Officer should give you a notice setting out your rights.
   a. You have the right to have someone informed of your arrest.
   b. You have the right to consult your lawyer or a Duty Solicitor. Advice
      under the Duty Solicitor scheme is free.
   c. You have the right to consult the PACE codes of practice.
   Access to legal help and informing someone of your arrest can be delayed if
   you are suspected of a 'serious offence'.
   MOST IMPORTANT OF ALL, YOU HAVE THE RIGHT TO REMAIN SILENT.
2. Ask if you have been arrested, and if so why. Ask to see the custody officer
   as soon as you arrive at the police station. Make sure that the starting
   time of your detention is correctly recorded at the top of the police
   custody record, together with a record about whether you need a solicitor or
   relative informed. Make sure you know why you are being held. The nature of
   the charge determines your entitlement to rights in the police station.
3. Ask the custody officer to phone your solicitor, the Duty Solicitor, or
   Release. Insist that a friend or relative is informed of your arrest. You
   have the right to have someone informed without delay unless you are being
   detained in connection with a 'serious arrestable offence' (PACE Act
   section 56).
   If this is the case police can delay access to solicitors and relatives in
   specific circumstances. If they do refuse access, ask why. Insist the
   reason is recorded on your custody sheet. Even if the police are confident
   that there are grounds for refusing access to a solicitor, they have to
   allow access before 36 hours has expired.
4. Ask to be charged or released. Unless you are suspected of a 'serious
   offence', you must be released or charged within 24 hours of detention, and
   you have the right to consult a solicitor at any time. Make sure that your
   request to see a solicitor and the time of the request is recorded by the
   custody officer.
   Whatever the police say, NEVER sign the custody sheet saying you don't want
   to see a solicitor. Insist on seeing one. If you are held in connection with
   a 'serious offence' you can be held for up to 36 hours without access to a
   solicitor, without being charged, if certain conditions are satisfied. For
   guidance, ask the police for their codes of conduct on detention. You have
   the right to see them.
   After 36 hours, you have the right to see a solicitor. A magistrate may
   order your continued detention in the police station for up to 96 hours,
   with a series of reviews. If, after 96 hours, you have still not been
   charged, you have the right to be released.
5. In order to get bail (i.e. released from the police station before going to
   court) you will probably have to satisfy the police that you have a fixed
   address. REMEMBER - don't admit anything to the police until you have
   talked to a solicitor. You have the right to remain silent.

IF YOUR HOME OR WORKPLACE IS TO BE SEARCHED:

   Police do not need a warrant or your permission to enter your home in order
   to arrest someone, but in theory they should name the person sought.
   Searches can sometimes be conducted without a warrant. In all cases you
   should ask the police to identify themselves, and ask the reason for the
   search. You are entitled to see a copy of the search warrant. Police should
   supply you with information about their powers to search premises. A record
   of the search must be kept by the police.

                                                 (c) Release Publications 1991
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     \\    o    | Salmon the fish
 |\/    o\  o   | salmon@dcs.warwick.ac.uk
 >       < o    |
 |/\     /      | "The greatness of a nation and its moral progress can be
     //         |  judged by the way its fish are treated" - Gandhi, sort of