Legal Rights on Arrest in the UK

Outlined below is a basic guide to your legal rights in the United Kingdom if the police arrest you. In most cases the golden rule is to say nothing until such time as you are able to take professional legal advice from a solicitor. After discussing the situation your solicitor may advise you to make a statement and if you chose to do so it should in every instance be made in the presence of your solicitor. There is a government funded duty solicitor scheme in operation in every town applicable to every police station in the UK. You have the same legal rights everywhere in the UK, one of which is to have access to the duty solicitor before making any comment.

Upon police arrest in England and Wales (Scotland and Northern Ireland have similar, though not identical, wording) the police are required to say the following:-

"You do not have to say anything, but 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."

An arrested person can normally be kept in custody for a maximum period of 24 hours which is extended to 36 hours for a serious offense and only a magistrate can order that the custody period be extended. There may be many reasons why an accused person may not wish to make comment on an alleged offense and you should not be intimidated into answering questions prior to seeing a duty solicitor. You are, by law, allowed access to a legal representative. There is no such thing as a friendly chat or an off the record conversation as far as the police are concerned and it is better to say nothing until there has been the opportunity to take legal advice. Those under arrest have the right:-

• to be treated with humanity and with respect
• to see their legal rights upon arrest in writing
• to speak to the custody officer who must look after the arrested persons welfare
• to be advised of the reason for the arrest
• to have someone notified of the arrest
• to consult privately with a solicitor

The police can search premises with the consent of the owner or by the authority of a search warrant signed by a magistrate. They also have statutory authority to enter premises without a search warrant in certain circumstances which include:-

• a search of premises occupied or controlled by an arrested person
• to capture an escaped prisoner
• when in pursuit of a person that they intend to arrest for certain specific offenses
• to protect life or to prevent serious damage to property.

Sometimes the police go too far and legal action can be taken for release (habeas corpus) or for compensation including an application to the Criminal Injuries Compensation Authority.

Article Source: http://www.rightbiz.com

The writer is well known for legal articles and operates a criminal injury compensation website at www.actusre.us

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