Criminal Investigations

The Police Station - Your Rights

Being arrested is distressing, you may not be aware of your rights or the procedures that are available to the police. All of your rights whilst at the police station are created by the Codes of Practice to the Police and Criminal Evidence Act 1984.

Few things in life are free but having a solicitor advise you at the police station is. When you arrive at the police station ensure that the police officers arrange to call your own solicitor, if he or she are unavailable an independent Duty Solicitor is available at all police stations. You are able to speak to your solicitor on the telephone initially and in person when he or she arrives at the station. There is no restriction on the amount of free legal advice you can receive. You should ensure that you ask for your solicitor to be present before you are questioned by the police. The police will have to provide your solicitor with information about the case which they are unlikely to tell you about.

When you arrive at a police station you have the right to have someone else notified of your arrest. This is your opportunity to notify concerned relatives or friends. Very limited exceptions can apply to this right.

In addition to having the police notify someone of your detention you have the right to make a telephone call. You will have to provide the police with the name and telephone number of the person concerned. Your call will not be private so make sure you do not discuss the reason for your arrest or say anything that might be used against you.

Understandably you will want to know how long you are going to be detained. In almost all cases the police only have the power to detain you for a maximum of 36 hours from the point that you detention is authorised (that is when the Custody Sergeant books you in). At the conclusion of this period the police will have to release you or charge you with an offence. Normally, any period of detention will be considerably shorter than this.

In very limited circumstances the police can apply to a Superintendent and then to a Magistrates Court for an extension to this time period for up to 3 days. Your rights, and in particular your right to free legal advice continues throughout this period. Different provisions apply in terrorism cases.

You should be kept in reasonable conditions and be provided with suitable food and refreshments. If you are unwell or need to take medication you must tell the police so that a doctor can be called to see you.

Make sure you know your rights and make sure you exercise them.

If you find yourself under arrest at any police station ask for Blackfords. We guarantee to be at any police station in Surrey and South London within 45 minutes of receiving your call. We can be at other neighbouring police stations in a short time as well.
If the police suggest that you will be detained longer because you want a solicitor ignore them, by the time that they have completed their paperwork we will be at the police station ready to provide you with legal advice.
All local police stations have our 24 hour police station number Insist that we are contacted.
The best advice we can give you without knowing anything about the allegation is; no matter what you are arrested for and no matter what the police may say to you, insist on speaking to a solicitor on the telephone as soon as you arrive at the police station. When you speak to the solicitor ensure that he or she will be attending the police station to represent you in person and inform the police that you will not be answering any questions until your solicitor is present.
Our 24 hour emergency number for Surrey is 07786 550640 and for all other areas of the country is 07876 081080.