Stop and Search

AT THE POLICE STATION

Remember that legal advice at the police station is completely free.

If the police arrest you, you must be informed that you are under arrest and why. The police should also give you the caution:

“You do not have to say anything but it may harm your defence if you do not mention now, anything you later rely on in court. Anything you do say will be given in evidence.”

It is best not to say anything at this stage until you have received legal advice.

Note that you cannot be detained against your will unless you have been arrested.

If you are being treated as a volunteer you can leave the police station. However you may wish to get legal advice first.

If you have been arrested a police officer needs to take you to a police station as soon as practically possible (unless delay can be justified by police investigation).

If the police wish to interview you they need to do so on tape. However any unsolicited comments could be used as evidence. It is very important that you do not discuss your case with the police officer or sign any notes before you have spoken to a legal adviser.

Before getting legal advice remember the following:

DO NOT admit to any offence until you have received your free legal advice.
DO NOT answer any police questions, whether in interview or elsewhere (e.g, a police van).
DO NOT make or sign any written statements.
DO give your name and address or you may not get bail. Remember your home may be searched.
DO ask for a relative or friend to be informed.

It is extremely important to seek legal advice. Once arrested you have the right to telephone a solicitor at any time.
In relation to drink driving you may have to give a body sample if your solicitor does not attend in ‘reasonable time’.
 

WHAT TO DO IF YOU ARE CONTACTED BY MI5

There is no obligation under law for you to answer any questions that MI5 officers put to you.
Do make sure that you obtain the MI5 officers name and telephone number.
State to the MI5 officer that you intend to seek legal advice.
State to the MI5 officer that your solicitors will contact them.
Do not discuss matters with MI5 officers with regards to your movements or with regards to anyone else.
Make a note of the time and place where the MI5 officer contacted you.
Make a note of anything the MI5 officer says to you.
Seek legal advise as early as possible.
Having sought legal advice, let the solicitors talk on your behalf.

Remember there is no obligation on you to work as a MI5 agent.
 

WHAT TO DO WHEN CONTACTED BY SPECIAL BRANCH
(also known as Anti-Terrorist Branch )

Do not be mislead by officers who state that they need you to assist them.
Do not talk to them regarding any matter.
Take the officers name and telephone number.

State to the officer that you need to seek legal advice.
State to the officer that your solicitor will contact them.
Do not discuss any matters with them, walk away once you have taken the officers name and number.

Generally when you are arrested by the Police and detained in custody.

• you are entitled to free legal advise at the Police Station
• you should state you wish to speak to a solicitor, (if your own solicitor is not available then request to speak to a duty solicitor)
• do not discuss your case without obtaining legal advice
• do not sign the custody record to state that you do not wish to have legal advice
• do not believe the officers when they state that if you speak to them without a solicitor you will be released sooner
• if you have any injuries as a result of the arrest taking place, request for a doctor to attend to see you
• you can make a call to members of your family or relatives or a friend to notify them that you have been arrested and are being detained at a
Police Station
 

What is Stop and Search?
Why me?
Where can I be searched?
Young people.
..
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Can my car be stopped or searched?
What do I have to do?
Before the search
During the search
After the search...
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