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Please keep this information andread it as soon as possible. It willhelp you to make choices while youare at the police station. If you haveany questions or need help pleaseask the Custody Officer.

Rights and Entitlements

How you should be treated if you aretaken in by the police.

Developed and illustrated by www.changepeople.co.uk

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You have the right to freelegal advice.

You have the right to askthe police to call someonefor you. This is free.

You have the right to readthe Codes of Practice.

This explains what the policecan and cannot do.

Tell the police if you needmedical help, need to takemedication or if you want to see adoctor or a nurse. This is free.

Remember your rights:

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The laws of England and Walessay that the rights and entitlementsdescribed in this booklet must begiven to you.

This is in line with the ‘EuropeanConvention on Human Rights’.This makes sure that prisonersacross Europe are treated fairly.

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If you are asked questions about asuspected offence, you do not haveto say anything.

However, it may harm your defence ifyou do not mention when questioned,something which you later rely on incourt.

Anything you do say may be given inevidence.

If you do not understand thisinformation please ask theCustody Officer.

If you have been arrested thepolice should tell you the following:

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Your right to free legaladvice:

A person called a solicitor will tellyou about the law.

The solicitor should always speakto you in private. Either face toface or over the phone.

The Police Custody Officer mustask if you want legal advice from asolicitor. It is free.

Getting legal advice does not makeit look like you have done anythingwrong.

Explaining your rights in more detail

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You should be allowed to talk to asolicitor at any time, day or night.

If you have asked for legal advicePolice Officers should not ask youquestions about a crime until youhave had a chance to talk to asolicitor.

If you tell the police that you do notwant legal advice but then changeyour mind…

… you should tell the PoliceCustody Officer.

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They will then help you to contact asolicitor.

If a solicitor does not turn up orcontact you at the police station, orif you need to talk to a solicitoragain, you can ask the police tocontact them again.

How the police will arrange your legal advice:

The police will contact the DefenceSolicitor Call Centre (DSCC). TheDSCC will decide whether legaladvice should be given over thephone or whether a solicitor shouldsee you at the station.

The DSCC and Criminal DefenceService (CDS) are independentservices. They arrange free legaladvice and have nothing to do withthe police.

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Legal advice is usually given overthe phone from someone at theCriminal Defence Service (CDS).

Times when a solicitor shouldcome to see you at the policestation:

• A solicitor will see you face toface if the police want tointerview you or carry out aneyewitness identificationprocedure.

• A solicitor will see you face toface if you need an AppropriateAdult.

• A solicitor will see you face toface if you are not able to talkover the telephone.

Times when you will get legal advice over thephone or face to face:

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• A solicitor will see you face toface if you are claiming that thepolice have behaved badlytowards you.

• A solicitor will see you face toface if you are at the policestation because of a seriouscrime.

You can ask to see a solicitor youalready know. This is only free ifthey do legal aid work.

If you do not know a solicitor orthey cannot be contacted you canspeak to the Independent DutySolicitor. This is free.

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If you are only allowed legal adviceover the phone, but you still want tosee a solicitor you already know,the solicitor may ask you to pay.

If your first choice of solicitor is notavailable the police will try tocontact up to 2 other solicitors thatyou have asked for.

You are always entitled to freelegal advice over the phone.✗

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Your right to ask thepolice to call someone foryou.

The police will contact someone foryou to tell them you have beenarrested and what is happening.

Police officers should call anAppropriate Adult to the station tohelp you if you are:

• Under 17• Have a learning disability• Have mental health problems.

Your right to read theCodes of Practice.

The Codes of Practice are rulesthat will tell you what the police canand cannot do while you are at thepolice station.

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The Police will let you read theCodes of Practice but you cannotread it for so long that it holds upthe police finding out if you havebroken the law.

You are allowed to ask the policefor a copy if you have not beengiven one.

Do ask the Police Custody Officer ifyou have any questions about theCodes of Practice.

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Getting someone to help you atthe police station

People who are under 17 years old orhave learning disabilities or mentalhealth problems should havesomeone (an Appropriate Adult) withthem when the police do certainthings.

An Appropriate Adult is someone whogives you support during policeinterviews.

An Appropriate Adult can be aparent, guardian, carer or acommunity volunteer. These peopledo not work for the police.

Other things youshould know about being at a Police Station

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The Police will call to arrange for anAppropriate Adult to support you ifyou need one.

Your Appropriate Adult must be withyou when the police speak to you orask you to do anything.

This includes times when thepolice:

• Interview you.• Tell or ask you to read any

information.• Ask you to sign documents.• Ask you for fingerprints, photos

or samples.

• Remove more than your outerclothes to search you.

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• Carry out an eyewitnessidentification procedure. Thismeans putting you in a line up.

• Looking at your case or decidingto charge you.

Your Appropriate Adult can alsoask for a solicitor for you.

You can speak to your solicitorwithout your Appropriate Adult inthe room if you want to.

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How you should be treated andcared for at the Police Station

If you are unwell

Tell the police if you feel ill or needmedicine. They will call a doctor ornurse or other healthcareprofessional. This is free.

You may be allowed to take yourown medicine but the police willhave to check it first.

A nurse will usually see you first, butthe police will send for a doctor ifyou need one.

You can ask to see another doctorbut you may have to pay for this.

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If you want to get in touchwith someone

As well as talking to a solicitorand having a person told aboutyour arrest, you are usuallyallowed to make one phone call.Ask the police if you would like tomake a phone call.

You can also ask for a pen andpaper.

You may be able to have visitorsbut the Custody Officer can sayno.

What your cell should be like

If possible you should be kept in a cellon your own. Your cell and beddingshould be clean and warm, and youshould have plenty of light.

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You must be allowed to use a toiletand have a wash.

Clothes you should wear

The police must give you somethingto wear if your own clothes are takenfrom you.

What food and drink you canhave

You must be offered 3 meals a daywith drinks as well as drinks betweenmeals.

Exercise you are allowed

If possible you should be allowedoutside each day for fresh air.

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Resting time that you areallowed

You must have at least 8 hours restin any 24 hours while you are heldby the police.

When the police are asking youquestions

When you are being questioned bya police officer they should tell youtheir name and job title.

You should not have to stand upand you will be allowed breaks formeal times or for a drink.

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How long you can be held at thepolice station

You could be locked up for up to 24hours without being charged for acrime.

This amount of time can beextended by a Senior PoliceOfficer.

After 36 hours this time can beextended more by the court.

A Senior Police Officer will assessyour case to see if you should beheld for longer. You have the rightto say what you think about thisdecision, unless you are not able.

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Tests you might have

If you are under arrest because of adrink driving crime, you have theright to speak to a solicitor.

You cannot stop the police takingsamples of your breath, blood orurine, even if you have not spokento a solicitor.

For some crimes the police have thepower to take your photo, fingerprintsor DNA.

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What happens if you cannot beinterviewed in English?

If you do not speak or understandEnglish the police will arrange forsomeone who speaks yourlanguage to help you. This personis called an interpreter.

If you have had an interpreter youcan ask them to translate thewritten version of your interviewinto a language you understand.

If you are deaf or have difficultyspeaking the police will arrange forsomeone who can do British SignLanguage to help you.

All interviews are recorded. But ifyou have a hearing disability yourinterview can be recorded inwriting.

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What to do if you are notBritish

If you are a tourist who is visitingEngland or Wales, or you were notborn in the United Kingdom, thePolice must tell you about your rightto contact your own country.

If you are not British, you can tellthe police that you want to contactyour High Commission, yourEmbassy or your Consulate to tellthem where you are and why youare in the police station.

They can visit you themselves orarrange for a solicitor to visit you.

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Times when the normal rulesare different

Getting a solicitor to helpyou

There are some special times whenthe police need to ask youquestions straight away, before youhave talked to a solicitor.

Information about these specialtimes is given in the Codes ofPractice book.

This is the book that tells you whatthe police can and cannot do whileyou are at the police station.

If you want to look up the details,they are in paragraph 6.6 of CodeC in the Codes of Practice book.

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There is one special time when thepolice will not let you speak to thesolicitor that you have chosen.

When this happens you must beallowed to choose another solicitor.If you want to look up the detailsabout this special time, it is inAnnex B of Code C in the Codesof Practice book.

Telling someone that youare at the police station

There are some special times whenthe police will not let you contactanyone.

Information about these specialtimes is given in the Codes ofPractice book. If you want to lookup the details, it is in Annex B ofCode C in the Codes of Practicebook.

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About Independent CustodyVisitors

Independent Custody Visitors arecommunity volunteers who make surethat people held in police stations arebeing treated properly and are gettingtheir equal rights.

You cannot request to see anindependent custody visitor, but anindependent custody visitor mayvisit you to check your treatmentand rights.

You do not have to speak to themif you do not want to.

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Getting details about your time atthe Police Station

Everything that happens to youwhen you are at the police stationis recorded. This is called thecustody record.

When you leave the police stationyou, your solicitor, or anAppropriate Adult can ask for acopy of the custody record. Thepolice have to give you a copy assoon as they can.

The custody record can be sent toyour Appropriate Adult up to 12months after you have left thepolice station.

Everybody who is interviewed canask for a copy of the interview. Thiscan be a written version or sound(audio) version.

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How to make a complaint

If you want to complain about the wayyou have been treated you shouldask to speak to a Police Inspector oran officer in a more importantposition.

You can make a complaintby:

Telling the Independent PoliceComplaints Commission (IPCC).

Asking a solicitor to do it for you.

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Asking your MP to complain onyour behalf.

If you need advice, you may alsofind it helpful to contact your localCitizens Advice.

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What happens if you are heldbecause of your mental health?

If the police are concerned aboutyour mental health they can holdyou at a police station for anassessment under the MentalHealth Act.

If you have been held under theMental Health Act this does notmean that you have been arrestedfor a crime. Your case will betreated in a different way.

The police must arrange for you tobe seen by a doctor and by anApproved Mental HealthProfessional who is qualified tocheck your mental health.

This must happen within 72 hours(3 days) from when you arrived atto arrange this as soon as possible.

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The police may take you to adifferent place for the assessment.

While you are waiting for yourassessment, the police mayarrange for you to be seen by anApproved Healthcare Practitioner.

This person cannot make theassessment.

They will help you with any otherhealth worries that you might haveand they will help to explain whatthe assessment means.