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What to do if questioned or arrested by the Police
  • YOU DO NOT HAVE TO SAY ANYTHING AND SHOULD NOT DO SO UNTIL YOU HAVE TAKEN LEGAL ADVICE
    It is desirable to give your name and address – but remember that this may mean that your home will be searched.
  • YOU HAVE THE RIGHT TO TELEPHONE A SOLICITOR TO TAKE LEGAL ADVICE.
    This is NOT limited to one telephone call.
  • YOU HAVE THE RIGHT TO TELEPHONE ONE OTHER PERSON IN ADDITION TO LET THEM KNOW WHERE YOU ARE.
    This is NOT limited to one telephone call.
  • DO NOT MAKE OR SIGN A STATEMENT IN THE ABSENCE OF LEGAL ADVICE.
  • ALWAYS INSIST THAT A SOLICITOR IS PRESENT IF YOU ARE INTERVIEWED.
  • MAKE A NOTE OF THE OFFICER’S NUMBER AND IF DETAINED ASK TO KEEP YOUR WATCH PEN AND PAPER.
  • AS SOON AS POSSIBLE AFTER YOUR RELEASE WRITE DOWN WHAT HAPPENED NOTING THE TIME AND DATE IT AND SIGN IT.
    You should have this statement witnessed – it may be useful as evidence.
  • IF YOU ARE ARRESTED THE POLICE MAY REQUIRE YOU TO TAKE A DRUGS TEST
    If the result is positive you can only be required to undergo an assessment by a drugs counsellor. Refusal to take a test or refusal to take an assessment each constitute a criminal offence. A positive result cannot be used in Court as evidence to prove the commission of any offence. It can, however, be mentioned in Court to assist the Court in passing any sentence for the offence for which you have been arrested. Therefore, the advice is not to refuse to take a drugs test nor to refuse to undergo a drugs assessment if the result is positive but preferably do so only when a solicitor is present.
  • REMEMBER THAT ALL LEGAL ADVICE GIVEN BY A SOLICITOR IN A POLICE STATION IS FREE.

The Spanner Trust always tries to ensure that all information provided is accurate and up-to-date. However, the law can change and is open to interpretation. Before relying upon any statement made by the Spanner Trust you should take your own independent legal advice and the Spanner Trust cannot accept any liability whatsoever.