Being arrested or questioned by the police

[KellynchHall]

This hasn't happened to me but a situation at work involving the police and a student I teach has prompted me to ask.

If you are questioned by the police what are your rights? Do you have to answer? Can you immediately insist on legal advice?

When should they caution you? When should they arrest you?

The student I taught had an alibi for the crime he was accused of but yet was questioned for over 2 hours in his home. Was this legal?

Grounds for arrest see PACE code G. If insufficient grounds for arrest under code G the person could be invited for a voluntary interview (not under arrest but under caution).

If arrested should be cautioned as soon as practicable.

When interviewed whether while under arrest or voluntary should be cautioned at the start of the interview and have rights explained.

Whether being interviewed under arrest or voluntary you do not have to answer questions, as per the caution- "you do not have to say anything, but it may harm your defence if you do not answer, when questioned, something which you later rely on in court. Anything you do say may be given in evidence". At the start of the interview the caution is given and broken down into three parts to ensure understanding.

Anyone under arrest or attending voluntarily for interview is entitled to free and independent legal advice, this will be a duty solicitor and nothing to do with the police. You can also arrange your own solicitor. You can also decline legal advice.

Personally never heard of an interview being conducted at home, not to say it isn't done in certain police forces.

This happened to OH. The police put out a CCTV image in the press/ news looking for this man and someone gave OH's name. They came to our house and arrested/ cautioned him, for the purposes of investigated a crime

It quickly became apparent that he hadn't been in the area miles away from our home and the CID guy (or somesuch) was happy he was de arrested

The 'crime' revolved around the use of a phone for a fairly new crime so that was taken away for examination and returned 4 days later

Now I don't know how much of it was legal, I was questioned as well and friends since have said it was all wrong but think we were just glad it was done in the home and sorted pretty quickly

They had also looked at OH's FB photos which we thought was pretty well shut down to public so they obviously can get access

Cautioned when suspect you are involved in the offence

Can interview as a volunteer which means you can leave. If you try to leave police do have the power to arrest so that sometimes happens.

Always have the right to remain silent and that's set out in the caution. The risk is that down the line a prosecutor may ask for adverse inference to be drawn from silence. Often going no comment is the most sensible option if guilty!

Interviews should take place in a police station if that can't happen I think there is provision for them to happen elsewhere so long as they're 'PACE compliant'. Occasionally people may be in hospital etc.