Being arrested can be a stressful and overwhelming experience, particularly if you have never had any involvement with the police before. However, everyone arrested in the UK is protected by legal rights that are designed to ensure fair treatment throughout the criminal justice process. Understanding these rights can help you make informed decisions and ensure you receive the legal support you need.
As leading national criminal defence solicitors, we are experienced in helping people who are arrested in the England and Wales. Here’s some crucial information needed to be known.
The right to remain silent
If you are arrested, you have the right to remain silent. While you are not obliged to answer police questions, it is important to understand that, in some circumstances, a court may draw adverse inferences if you later rely on information that you did not mention during police questioning. For this reason, it is always advisable to seek legal advice from a defence solicitor as to the available options you have when interviewed under caution.
The right to legal representation
Everyone who is arrested has the right to speak to a solicitor. Free legal representation is available through the Legal Aid Agency regardless of your financial circumstances. You can also instruct a solicitor of choice on a privately funded basis. Legal representation is vital safeguard during the investigation. A criminal defence solicitor can explain the allegations against you, advise on the weight of evidence, if any, the police seek to rely on, advise you on your rights, ensure that the police follow the correct procedures throughout your detention and the investigation is reasonable, proportionate and is expeditious.
The right to know the reason for arrest
The police must explain why you are being arrested. They should tell you the offence they suspect you of committing and explain why your arrest is necessary. This information allows you to understand the basis of the investigation and the legal process that follows.
The right to be treated fairly
Whilst in custody the Police are governed by codes of practice and legislative requirements which cause the police to follow strict procedures when questioning and detaining individuals. You are entitled to appropriate medical attention if required, access to food and drink, reasonable rest periods, and protection from discrimination. follow strict procedures when questioning and detaining individuals.
The right to legal advice before interview
Before any police interview takes place, you have the right to consult a solicitor. In most cases, interviews should not proceed until you have had the opportunity to receive legal advice. Having a defence solicitor present during the interview helps protect your interests and ensures you understand the implications of the questions being asked.
How a defence solicitor can help
Understanding your rights during an arrest and during a subsequent investigation pre charge is essential to protecting your legal position. Seeking advice from an experienced criminal defence solicitor, with experience of pre charge advice, at the earliest opportunity can make a significant difference to the outcome of your case and cause no further action if proactive early intervention is taken.
At Burton Copeland, our criminal defence solicitors in Manchester work around the clock to support those facing investigations around the UK. Should you wish to receive advice on any pre charge issues please call our office on 0161 827 9500 or email enquries@burtoncopeland.com. You can also fill in our online contact form and let us know a suitable time for us to contact you.