Were Your Rights Violated When You Were Arrested?

Law Blog

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?

• You must be transmitted to a police station or other official location so that interviews will take place as part of investigation.
• You will be asked for basic details which will include your name and address and your occupation.
• The police will also take a photograph and fingerprints for identification.
• You must have been informed by the officer on duty that you have rights to contact either a friend or relative or a legal representative.
• They also need to tell you how long you will be held before they need to bring any charges against you and may then begin the process of interviewing you to gather evidence.
• They have a certain amount of time to do all of this before either releasing you, or formally charging you with a crime.

Restrictions

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.

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21 November 2016