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Overview of what the Service Design Team are working on this sprint. Some cards are private because they may contain sensitive data.
https://github.com/orgs/criminaljusticehub/projects/44
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I’ve been arrested. What are my rights? #173

Open fdunnington opened 6 months ago

jarvisryan commented 4 months ago

Hi Ryan, I have a hopefully quick question about the wording on one of the old pages.

https://www.criminaljusticehub.org.uk/task/ive-been-arrested-what-are-my-rights/#chaptercollapse1

Under 'Your rights include' it states: Reading the Codes of Practice which includes the rules the police must follow Does this mean you have the right to a copy of the Codes of Practice to read yourself, or the right to have the police read it to you?

Thank you

jarvisryan commented 4 months ago

Hi .

So, police custody suites should maintain copies of the codes of practice which can be provided to a prisoner in cell for them to read or refer to. In theory, most people don't understand what they are and just see a very large book with not very large text in which can be off putting. Here is a link to the actual codes which may be useful to put on the site.https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice

Out of interest, I will make some FOI requests to the forces to try and get a number of the times people have actually asked for access to the codes and check that all forces do in fact hold copies still.

jarvisryan commented 4 months ago

Hi again Ryan, another one for you:

"If you have asked for advice about the law, the police cannot question you until you have had the advice. But if the crime is serious and a senior officer agrees, the police can make you wait for legal advice."

Would this mean they can then question you even if you haven't yet had the advice?

jarvisryan commented 3 months ago

Hey @mmarlow Please see the response below and some links to responses relating to codes of practice etc, which has some good information:-

In the UK, if you have requested legal advice, the general rule is that the police cannot question you until you have received that advice. However, there are specific circumstances under which the police can delay providing you with legal advice, particularly if the crime is serious.

If a senior officer deems the crime serious enough and agrees to the delay, you may have to wait for legal advice. During this period, they cannot question you until the legal advice has been given. Therefore, even if you are made to wait for legal advice due to the seriousness of the crime, the police still cannot question you until you have actually received that legal advice.

So, to directly answer the question: No, they cannot question you even if you haven't yet had the advice, despite the delay. The right to legal advice must be honoured before any questioning can take place.

Under the Terrorism Act 2000, particularly in Schedule 8, the police have specific powers to delay a detainee's access to legal advice under certain conditions. If you are detained under terrorism legislation, such as Schedule 7 or Section 41 of the Terrorism Act 2000, a senior officer (at least the rank of superintendent) can authorise the delay of legal advice. This delay can be up to 48 hours if it is deemed necessary to prevent:

  1. Interference with evidence or the gathering of information.
  2. Harm to individuals.
  3. Alerting other suspects.
  4. Hindrance to the recovery of property.

During this delay, the police can question you without a solicitor present if authorised. The decision to delay must be justified and documented, and you should be informed of the reasons for the delay as soon as it is practicable. This provision aims to balance the urgency and seriousness of terrorism investigations with the rights of the detainee.

PACE Code H 2019 Parliament - Right to Consult Solicitor MPR Solicitors Right to Consult with a Solicitor Guide

For more detailed information, you can refer to the Terrorism Act 2000.

Please see some statistical information which may be useful and is recent