Legal issues
The core rights
- Someone told where you are (PACE section 56): a friend, relative or other person likely to take an interest in you.
- Free and independent legal advice (PACE section 58), in private, at any time, in person or by phone.
- The Codes of Practice: you can ask to read PACE Code C.
Other entitlements
The written notice also covers being told about the offence, medical help, an interpreter if needed, food, drink, rest and breaks, and access to the custody record. Foreign nationals can ask for their embassy or consulate to be told.
When rights can be delayed
Only for an indictable offence, and only on specific grounds, such as a real risk that evidence will be interfered with or other suspects alerted. Delaying the right to have someone told needs an inspector; delaying access to a solicitor needs a superintendent. Neither can be delayed for more than 36 hours. Delay is rare and must be recorded with reasons.
Evidence that matters
Everything is recorded
The custody officer records your rights, your answers at booking-in, reviews and decisions in the custody record. Your solicitor can inspect it, and you can ask for a copy afterwards. See obtaining and checking your custody record.
Reasonable lines of enquiry
What to tell the custody officer
- Any medical condition, injury or medication you need.
- If you are under 18, or have difficulty reading, understanding or communicating.
- If you need an interpreter.
You do not need to discuss the allegation when you are booked in. Anything you say can be noted.
What happens next
After booking-in
Your detention is reviewed at set intervals. Your solicitor will usually get disclosure from the officer, advise you in private and attend the interview. The investigation then ends in a charge, a caution, release on bail or under investigation, or no further action. See what happens after a police interview.
Immediate steps
- Ask for a solicitor at booking-in, by name if you have one.
- Give your name, address and date of birth; say nothing about the allegation.
- Do not discuss the case in the cell, with other detainees or on the phone. Calls other than to a solicitor may be listened to.
What should you send us?
Nothing is needed. If you are calling for someone else, tell us their full name, date of birth and the police station.