My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.
If you have been arrested by the police, then you may feel as if your world is crashing down around you. You may be confused, scared and annoyed at the same time, but may also be aware that you have your own rights according to the law. Do you believe that you were fairly treated during the entire process, or do you believe that you have some kind of recourse against the arresting authorities?
What Is the Procedure?
Clear rules have been written in order to ensure we not only have a law-abiding society, but also that the rights of the individual are also paramount. The police do have the right to arrest you if they consider you may be involved in a crime, so long as they have reasonable cause. You're not allowed to resist this arrest, but specific procedures have to be taken once this has happened.
What Are Your Rights?
Remember, they are not allowed to detain you for what is considered to be an "unreasonable" period with no charge. Usually this is four hours, but in certain circumstances they can apply to a judge for an additional warrant to extend that period. In almost every circumstance you are not required to answer any questions that they may table, but remember that anything you say can be used by them as evidence.
Remember that even though you are required to give your fingerprints, you do not have to submit to any extensive personal searches, apart from cursory investigation of any bags you are carrying, or your pockets. The police are not allowed to insist that you take part in any identification parade.
Do You Have a Case?
Always remember that you must have been given the right for a legal representative to attend and be present when ever questioned. If you weren't given this opportunity then you need to tell your legal representative as soon as possible after you are released.
If you believe that any of these rights have been violated then this may be a good cause for disputing the entire arrest procedure.Share
21 November 2016