Hodge Jones & Allen

If you have been arrested, call Hodge Jones & Allen today on our 24 hour police station emergency number 07659 111192.

Your rights

You have a right to be told why you are under arrest.  
You have the right to have a person told of your arrest. 
You also have a right to free legal advice from a solicitor such as Hodge Jones & Allen.
If you are sick or injured, you have the right to see a doctor.
Exercise your right to read the PACE code about how you should be treated.

If you are arrested

Your photo, fingerprints and DNA will be taken, you will be searched and your property taken.
Give your name and address (and maybe your DOB but nothing else) to the custody officer at the police station.
If you are under 17 you will have to have an appropriate adult if you are interviewed (parent/legal guardian or another responsible adult).
We advise you to make ‘No Comment’ to all questions before and after arrest until you have had an opportunity to consult with a solicitor. From the moment you are stopped, everything you say is evidence.  Say nothing and sign no statements without speaking to a solicitor.

Your details

You are obliged to give your name and address under specific circumstances. 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 – which can include the police) under s50 of Police Reform Act 2002.  You can indicate that you will give it when get to the police station.
- the police wish to summons you for an offence or issue a fixed penalty notice (under s25 PACE).
If these situations do not apply to you it is your choice as to whether you give your name and address.

Stop & Search

Before being searched you should be told by the police officer who stops you: 

The officer’s name and/or police station.

That you are entitled to copy of the search form (police can decline to give it on the spot if it is not practicable – if this happens you can collect it from the police station later) – ask for and keep the search record.

Legal power being used and what they are looking for.

Grounds to suspect you.

 

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 question their actions if they are unable to give you a clear answer.

 

Blanket search powers (the police do not need a reason to suspect you):
s60 Criminal Justice Act, to search for offensive weapons and dangerous instruments. 

(Masks - If  a s60 order is in place the police can require you to remove any item reasonably believed to be used wholly or mainly for purpose of concealing your identify or to seize any item they reasonably believe you intend to wear wholly or mainly for that purpose.  The police can arrest you if you refuse to remove the item.)

 

If you have been arrested, call Hodge Jones & Allen today on our 24 hour police station emergency number 07659 111192.