The British police force is a huge entity. They have a wide range of duties and responsibilities that go with it. Since you deal with law enforcement officers on a daily basis in this country, you need to know how to deal with them properly.
Asking questions, being polite and courteous, maintaining eye contact, and keeping your phone out of sight in public places are some ways to behave appropriately when dealing with police officers.
In England and Wales, all people arrested must be made aware of their right to free and independent legal advice at police stations.
The police must inform the suspect, whether in custody or not, of their right to representation by a lawyer as soon as they enter the police station. The public defender is automatically assigned at the suspect’s request and is entitled to legal assistance.
You should also be aware that if you are arrested for a misdemeanor and not charged with a crime, your record will be reviewed before it is deleted from your record. This may affect your ability to find housing or employment in the future if someone sees this on your file.
You have the right to remain silent. This means you don’t have to say anything if asked by a police officer, but anything you say can be used against you in a court of law.
The police should tell you this at least once before asking any questions.
If they fail to do so, it is a criminal offense for them not to do so, and they could be prosecuted if their lawyer does not take action against them.
Police must inform a suspect of their right to legal counsel as soon as they enter the police station, whether arrested or not.
The police must also inform them of their right to free and independent legal advice. If you are arrested in private accommodation, you may be able to speak privately with your own lawyer before being questioned.
If you are arrested, you have the right to speak privately with an attorney. If you are arrested at a private residence, you can speak to your lawyer privately before being questioned by police officers.
The police will only take you out of the station after consultation with a lawyer on duty. If you are under 18 and have been arrested, you will also be assigned an appropriate adult.
The police must also tell you that you can request an interpreter if you do not speak or understand English. If the police decide to do so, they must justify this. If it is not possible to provide an interpreter, a member of staff is usually available to speak to you in your language.
It would be best if you were told why any search was carried out, what was found and who did it. You can also ask for paperwork that stills down everything that happened during the search.
- You have the right to be told why a search was conducted before disclosing any information to you or your lawyer. The police must tell you they are conducting an investigation into an offence within 24 hours of starting one unless they believe that doing so would prejudice their investigation (for example, if someone is already dead).
If you are a non-UK citizen, it is important to understand that there is a cost involved. The police station will not provide legal advice for free. You can hire a solicitor or make an appointment with someone at the duty solicitor’s office, but they will only assist you in some situations.
Suppose you are arrested by the police and brought into custody.
In that case, your lawyer should contact them immediately so that they have time before being questioned by police officers themselves on what charges might apply against his client(s).
You can still get legal advice and representation if you are arrested, charged, and taken to a police station. However, it will be at your own expense.
Suppose you are not charged with any crimes but are picked up by the police under suspicion of committing one. In that case, they have no obligation to provide free legal assistance or representation. This means that if this happens to you, then it’s down entirely on your shoulders as well as theirs – unless something happens where they might want some compensation from someone else.
You have an automatic right to free legal advice from a duty solicitor if you have been arrested by the police and taken into custody.
You even have the right to an interpreter who can help you communicate with your solicitor. If this is not available, there are other ways of communicating with the duty solicitor, which is explained below:
- Ask for an appointment with your local constable – they should be able to arrange this for you within 24 hours or less. The constable will then contact their command HQ or shift manager, who will ensure all necessary steps are taken before arranging a meeting with a duty solicitor at their station house (or wherever else s/he happens, not just be working).
- Call into any answer phone service operating throughout England & Wales 24 hours per day, 7 days per week throughout the financial year, whether working full-time during normal business hours or overtime during special events such as sporting events, etcetera.
We hope that this article assisted you in understanding what is involved in being represented at a police station in England.
For any more questions, or if you want us to represent you anytime in the future in the police station or anywhere else, contact us a centralchamberslaw.com and schedule a free appointment with one of our top attorneys.
