police

You've been arrested and charged, what happens next?

In Court: If you are not released you will be brought to court on the morning after your arrest unless it is a Sunday or a public holiday. Before you get to court, if you haven't seen a solicitor already, ask to see the duty solicitor. This person will help you on legal points and speak for you in court if you wish, free of charge. After your first appearance in court, you can ask for another solicitor if you wish to do so. If you are 17 or under, your case is likely to be heard at a youth court.

If the duty solicitor is speaking for you, tell them you would like the court to be asked to release you on bail. Say you are willing to give a promise (bail undertaking) to appear in court at a later date if your case isn't finished that day.

Getting arrested

If you are arrested, whether you have been previously detained or not, you can be searched, fingerprinted, photographed and a DNA sample could be taken. You should not be subjected to any other physical examination unless the police have secured appropriate authorisation. Any property taken from you must be packed in your presence, and you may be asked to sign a list of what is in the package. Don't sign for any thing that doesn't belong to you. You can also;

Send one message to one named person, e.g. a parent. If other people come to see you, you may ask to see them, but the police can refuse. If the police are aware that you are under 17, your parents or carer, or an appropriate adult must be sent for without delay and you will be allowed to see them.

Helping the police with their enquiries

If the police wish you to accompany them to a police station to answer some questions, find out if you are being arrested. If not, you don't have to go to the police station, though you should bear in mind that it is usually in your best interests to be helpful.

If you do go voluntarily you should be allowed:

  • Contact with a relative or friend telling them where you are
  • Free legal advice from a solicitor

The Police must tell you that you are not under arrest and that you are able to leave at any time.

Helping someone commit a crime

If a police officer stops and searches you in the street...

You're entitled to know:

  • The officer's name and warrant number
  • Why the officer has stopped you and wishes to search you
  • What the officer is looking for
  • Your will receive an individual booklet once the search is over
  • The legal power the officer is using, and
  • The fact that you are -?being detained' for the purposes of the search.

You don't have to answer any questions and the police officer must give you a copy of the search record following the search. However, if you refuse to give your name and address you may be arrested if the police have reason to believe that you might have committed an offence. You can then remain silent until you receive legal advice.