At the police station, you have a number of rights. These rights are largely governed by the Police and Criminal Evidence Act 1984. Under this Act, a series of Codes of Practice were drawn up to set out the rights of people detained at police stations. At the Police Station, a copy of the Codes of Practice will be available for you to read.
What follows is a summary of the rights of detained persons under the Codes of Practice. One thing to note is that many of the rights are qualified. Under some circumstances, even rights as important as that to legal representation can be withheld. However, when this occurs, the police must be able to justify their decision, to a court if neccessary. On arrival at the police station, you should be cautioned (see below) and told of three basic rights:
Under some circumstances, for example where someone is drunk, the police may decide they are unfit to be informed of their rights immediately.
On your arrest, and at the beginning of any interview the police conduct, you will be cautioned:
"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"
Many people will know of their right to make a telephone call. This is a right which can be refused, and in practice it often is. Similarly, you can be allowed a visit by family or friends, at the discretion of the custody officer. This is not something which happens regularly.
Whatever your financial circumstances, whatever the offence, and whatever the time, you have the right to free legal representation. You can ask for a particular solicitor, if you know one. Of course, it should be a solicitor with experience of this type of work. If you do not know who to ask for, there are provisions for you to obtain independent assistance. There was a time when the police would suggest a solicitor to people who did not already have their own. This gave rise to quite reasonable fears that such solicitors would not provide independent advice, and this practice is no longer permitted. If you do not know who to ask for, or if your chosen solicitor is unavailable, you have two options. You could ask to be shown a list of local solicitors, from which you can choose, or you could ask for the duty solicitor. In any area, most of the solicitors working in criminal law, will participate in the duty solicitor scheme by taking their turn to be on call as part of a rota system.
If you choose to have legal representation, before you are interviewed, your lawyer will be told what evidence against you will be discussed in the interview. You will then be able to discuss with the lawyer, in private, how you will respond to the allegations that have been made.
The codes of practice set out minimum standards of respect for your physical wellbeing. While in police custody, you should be kept in a cell which is adequately heated and cleaned. Cells often accommodate more than one person during busy periods. However, when it is feasible, you should have a cell to yourself. Three meals a day should be provided, together with drinks.
You can see a doctor free of charge. Although the old term "police surgeon" is often used, this will be either a local GP or representative of Healthcall, working on a rota basis.
There is a right to daily outdoor exercise, but this is only "where practicable" and will be in a very small yard.
Your detention will be reviewed at intervals, at which times an Inspector will consider the reasons for your detention and decide whether there are still sufficient grounds for you to be detained. At these times you can make representations as to why you should be released.
A major purpose for a person's detention is commonly to conduct interviews. During interview procedures, there should be breaks at mealtimes, and short breaks every two hours.
If you are under seventeen years old
You should have a person over eighteen ("appropriate adult") with you to ensure you understand the proceedings. This person cannot be your solicitor, but you will also have the opportunity to speak to your solicitor in private, without the appropriate adult in the room. If no parent or family member can be traced in time for an interview, the local social services will provide someone.
If you are not a United Kingdom citizen
You have the right to inform the relevant diplomatic service of your arrest, and to visits from the relevant officials. This is in addition to your rights to legal representation.