If You Are Taken To A Police Station

Questioning after arrest

Before a police officer can ask you questions, he or she must say the words ‘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’. It is important to understand what this means and it is worth knowing that you are entitled to free legal advice. It is usually better to say that you will answer questions when you have received legal advice. This may mean that you will then be asked to go to the police station. If you are under 17 years, an appropriate adult eg. a parent, friend (18 or over) or social worker etc must be there when you are questioned. Notes should be taken of the interview or it will be tape recorded.

Being held at the police station after arrest

In the police station you will come before a custody sergeant who is responsible for keeping you there, making sure you know your rights while you are being detained and deciding whether or not there is enough evidence to bring charges against you.

When you arrive at a police station you have the right:

• To have someone informed of your arrest but not to speak with them.

• To receive independent legal advice, to talk privately with a solicitor. This may be over the phone or in person. If you are to be interviewed, you should always ask for the solicitor to attend, and you should wait for him/her no matter how long it takes.

• To look at a copy of the 1984 Police and Criminal Act Codes of Practice. These rights can be withheld but only in very exceptional circumstances.

If you are taken to a police station

Going to the police station: You should be told whether you are being arrested or being asked to go voluntarily. If you are being arrested or detained, you must go. If you’re asked to go voluntarily to help with enquiries you may refuse although it’s usually in your best interests to go. If you attend a police station voluntarily you may leave at any time you wish, unless you are arrested.