The Rights Due to All Citizens in the Event of an Arrest

As of 2019, stop and search has reached an all-time high in the UK. Statistics point indicate that arrests have increased by a third throughout Wales and England, with one of the highest spikes in London (a fivefold increase). A lot of people throughout the region are quite concerned about this rise, leading to a general paranoia associated with law enforcement authorities.  

Correspondingly, the number of arrests from stop and search has also risen owing to the new powers accorded to the LEAs in the country. With the powers accorded to the police under laws like the Criminal Justice and Public Order Act of 1994, Section 47a of the Terrorism Act and it’s suggested that people are 17% more likely to be arrested after a stop and search.

In a gloomy environment like ours, the best way people can protect themselves from unlawful exploitation at the hands of the state is by knowing their rights. With a deeper understanding of how the law applies to us, we can better cope with these developments and tackle these situations with calm.

Understanding What the Law is

The law fundamentally represents a set of rules whereby people and the state can deal with one another. The constitution or the legislation, whichever term you use, is designed to protect you from other citizens and from any exploitative actions of the state.

It’s the state’s responsibility to make sure that it doesn’t subject you to unfair treatment and decides on the best course of action while minimizing the encroachments of your liberty.

As such, law enforcement agencies, as the physical manifestation of the state’s authority, needs to ensure that it doesn’t violate any rights of yours and making you aware of those rights. You can call on those rights whenever you feel that your liberty is being exploited, and this also includes rights when you’re arrested.

Rights of Citizens under Arrest

We can divide your rights under arrest or in custody in three basic categories:

• Rights under custody
• The rights of people under 18 years of age and vulnerable adults
• Rights during questioning

Your Rights under Custody

If you’re arrested, the custody officer must tell you all of your rights. If you’re not told these rights, that’s a gross violation of the law that the officer can be held accountable for. The list of rights is as follows:

• Right to free legal advice
• You have the right to inform someone of your whereabouts
• Access to medical health if you are unwell.
• A written notice telling you your rights.

Additionally, the police must follow the PACE codes of practice when placing you under arrest. Failing to do so could create grounds for legal action against the arresting officer.

The Rights of Underage Individuals and Vulnerable Adults

If the police arrests people under the age of 18 or vulnerable adults, they must find an ‘appropriate adult’ who has to be present during any succeeding proceedings. Appropriate adults include:

• A parent, guardian or caretaker
• A social worker
• Other family members or a friend who’s over 18 years of age
• A volunteer aged 18 or above

Y our Rights during Questioning

You have the right to refuse to answer any questions as the police interrogate you. They must only ask questions pertaining to the crime you’re suspected of. Your interrogators must inform you of these rights with the following exact statement:

“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 or say may be given in evidence.”

Get in touch with our criminal law solicitors in Wembley if you feel like your rights are under attack. We can represent you at the time you most need it and offer professional advice to resolve your legal issues.

From expert divorce solicitors to criminal law solicitors, our law firm provides a wide range of legal assistance. Get in touch with us for more details.