Hodge Jones & Allen

 

In the unlikely event of inappropriate Police behaviour or arrests please call:

GBC Legal Arrestee Support: 07946 541511
HODGE JONES & ALLEN Solicitors: 07659 111192

If you see someone arrested and taken into custody, find out their name and contact GBCLegal.

INAPPROPRIATE POLICE BEHAVIOUR?
When police act they should be carrying out a lawful duty - ask them what they are doing and why. Record all the details of what happened.  Find other witnesses, especially people videoing.

 

CALL or email Green & Black Cross on gbclegal@riseup.net or Hodge Jones & Allen Solicitors (who specialise in actions against the Police) at www.hja.net Especially if you saw an incident that led to an arrest, or injury (take a good photo of it).  Then complain & tell everyone you know! 

 

TAKEN INTO CUSTODY?
STAY CALM * STAY QUIET * YOU’LL BE OUT SOON

You have the right to have a person told of your arrest – this could be a friend or family member, but if you have told them in advance, we recommend using GBC Arrestee Support.  Tell the custody officer you authorise them to speak to us about your situation and welfare.  Then your friends and family can ask us for updates.  You have a right to free legal advice – Hodge Jones & Allen are recommended.  We advise you to use Hodge Jones & Allen rather than the duty solicitor. When you are released, let us know!

REMAIN SILENT -  ‘No Comment’ to ALL questions before and after arrest and during interview. From the moment you are stopped, everything you say is evidence - there is no such thing as a friendly chat. It is easier to say nothing at all than selectively answering questions. Say nothing and sign no statements without legal advice. 

• You have a right to be told why you are under arrest.   • Your photo, prints and DNA can be taken, you will be searched and your property taken. • You have a right to see a doctor if sick • Give your name and address (and maybe your DOB but nothing else) to the custody officer AT the police station • Exercise your right to read the PACE code about how you should be treated • If you are under 17 you will have to have an appropriate adult if you are interviewed (parent/legal guardian or another responsible adult, don’t agree to a social worker - GBClegal can help.)

You do NOT have to give your name or address under ANY search power or if stopped  - SO DON’T

The police only have the power to arrest you for not giving your name and address when asked, if:
- you are a driver of a vehicle on the road (and date of birth) or if involved in accident or road traffic offence whether in a car, on a bike or as a pedestrian
- you are suspected of anti-social behaviour (reasonable grounds to suspect have caused, or are likely to, cause harassment, alarm or distress to one or more persons – can include police but higher threshold) under s50 of Police Reform Act 2002.  May be trying it on, so can say will give it when get to custody desk.
-  the police wish to summons you for an offence or issue a fixed penalty notice (under s25 PACE)

 

On being stopped & searched
• You do not have to explain why you are there.    • You do not have to co-operate with attempts to photograph or record you. • The police can only give you a pat down, remove outer clothes, search your bags, and have you empty pockets, unless they take you to a private space.    • You do not have to actively comply. You can 'go limp'. The police can use reasonable force to search. 

Before being searched you should be told:  1) Officer’s name and/or police station   2) That you are entitled to copy of the search form (police can decline to give on the spot if not practicable) – ask for and keep the search record  3) legal power being used and what they are looking for  4) grounds to suspect you (not for the blanket search powers below)

 

For these powers the police need reasonable grounds to suspect YOU:
• s1 PACE, to search for articles for use for burglary/theft, stolen goods,  offensive weapons, bladed articles and criminal damage.  Nature of search should relate to what they are looking for and why they suspect you.  So always check what they are searching for and why and challenge them (eg. read from your phone when they said they were looking for offensive weapons). 

 

For these powers, police don’t need to suspect you – these are blanket search powers:
• s60 Criminal Justice Act, to search for offensive weapons and dangerous instruments.  (Masks - If  s60 order is in place police can require you to remove any item reasonably believe used wholly or mainly for purpose of concealing identify or to seize any item reasonably believe you intend to wear wholly or mainly for that purpose.  Can arrest you if you refuse.)

 

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