Dealings with the police can be daunting. If you find yourself being questioned it can be a stressful and concerning experience. Depending on the reasons why you are being questioned and the basis on which questioning is taking place, you will have a range of rights and potential options.
When you’re arrested in England you will be taken to a police station. You may first be held in custody in a cell and then questioned. The information you give during questioning will determine whether you are charged with a crime or are released.
Your Key Rights When Questioned
If you’ve been taken in for questioning by the police you have several key rights. These should be written down and available in the form of a notice for you to consult.
Your key rights during questioning are:
- The Right to Remain Silent
You are not obliged to answer any questions that may incriminate you. If you’re being questioned you may wish to exercise caution and seek legal advice before providing any information that could be used against you. Before questioning begins, the police are required to issue a caution that informs you of your right to remain silent. This will take the form of a standard caution:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
In some instances, a defence solicitor may suggest that the client prepare a statement rather than answering questions. Once the statement has been prepared and submitted, the individual being questioned may choose not to answer any subsequent questions. Although by no means foolproof, this may help to remove negative inferences that refusing to answer any questions may carry. A statement may be particularly relevant when the individual being questioned may not fully understand the questions or may not express themselves particularly well under questioning.
- The Right to Legal Representation
You have the right to have a solicitor present during police questioning. This is essential to ensure that your rights are protected. If you don’t have a solicitor, the police are required to inform you of your right to free legal advice. They should also clearly set out the reason for your arrest.
- The Right to Consult The Codes of Practice
The police are required to abide by the rules and procedures that govern their actions during the various stages of the criminal justice process. Anyone being questioned by the police has the right to consult the Code of Practice, a copy of which should be available at the police station.
- The Right to Inform Others
Anyone being questioned has the right to make a phone call to inform loved ones or other people about what is happening. They may wish to make arrangements to be picked up from the police station or to provide other necessities for the person being questioned such as medication.
- The Right to Medical Attention
If you’re feeling unwell during questioning you have the right to receive any necessary medical attention or to access required medication.
- The Right to Regular Breaks
If you are being questioned by the police for any length of time, then the police are required to break questioning to allow for food and toilet breaks.
The role of a defence solicitor
When you’re taken in for police questioning it can be confusing and distressing, leaving individuals unsure about how best to respond. The police interview plays an important part in any future criminal case, so anyone who is questioned must have representation from an expert defence solicitor.
A defence solicitor will help to protect you from saying anything that might harm you, providing advice and support throughout the proceedings. They will ensure all of your rights are protected, you are comfortable, and have access to any medical attention you need. They can give you the best chance of avoiding criminal charges.
Confidential legal advice from Mandla Bhomra
If the police wish to question you about a crime, then it’s important to receive legal advice as quickly as possible. This provides support, ensures your rights are protected, and helps you achieve the best possible outcome.
The expert team at Mandla Bhomra can provide confidential advice and support during questioning. We will ensure your rights are protected and will advise how best to proceed under questioning.
Contact us today for confidential advice.