As soon as reasonably practical after an arrest the police must advise the person that:
- anything said may be taken down and used against him or her in evidence
- a telephone call can be made (take care that no one can overhear the call) to a relative or friend and they can be present during questioning, [Summary Offences Act 1953 s 79a]. The police can exclude someone if they reasonably suspect that, as a consequence, an accomplice would avoid apprehension or that evidence would be destroyed or fabricated [Summary Offences Act 1953 s 79a]. This does not apply to having a solicitor present.
- they may contact a solicitor
After a person is arrested, an independent person should be told of the arrest and the place of detention. It is a good idea to have a lawyer present during an interview and no questions should be answered (other than those which must be) before the arrival/advice of a lawyer. If a solicitor, relative or friend attends a police station and a request to speak to the arrested person is refused, that person should take notes of the names of all persons spoken to and what was said. This may assist in casting doubt on the truth of any interview taken from the suspect.
If it appears that the arrest is unlawful, a verbal objection should be made to the officer in charge of the police station.
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AFTER ARREST : Last Revised: Wed Jun 16th 2004 |
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