Police arrest procedure
Discussion
According to this https://www.gov.uk/arrested-your-rights, it's one of your rights to be able to tell someone where you are. It doesn't mention being an adult negates this right.
davejhopwood said:
According to this https://www.gov.uk/arrested-your-rights, it's one of your rights to be able to tell someone where you are. It doesn't mention being an adult negates this right.
I read Phil Dicky's response as the police are not required to automatically inform somebody, as they would with a minor., however, they must do so if requested (with certain exceptions).Once arrested and taken to a custody area the arresting officer outlines the circumstances of the arrest to the "Custody Officer" (normally a Sergeant)
The Custody Officer makes a decision as to whether detention in custody is authorised
amongst the rights a detained person has (which are gone through by the Custody Officer
1) a right to have someone told of your arrest ( it is not a right to a phone call it is a right to have someone told of your arrest. Often if it did not compromise the investigation i would let the arrested person make the call (supervised)
2) a right to free and independent legal advice
Whilst those rights can be wiitheld it is exceptionally rare to do so---in my two years as a Custody Sgt it never happened
Police and Criminal Evidence Act Code C if you want to know more
The Custody Officer makes a decision as to whether detention in custody is authorised
amongst the rights a detained person has (which are gone through by the Custody Officer
1) a right to have someone told of your arrest ( it is not a right to a phone call it is a right to have someone told of your arrest. Often if it did not compromise the investigation i would let the arrested person make the call (supervised)
2) a right to free and independent legal advice
Whilst those rights can be wiitheld it is exceptionally rare to do so---in my two years as a Custody Sgt it never happened
Police and Criminal Evidence Act Code C if you want to know more
edthefed said:
Once arrested and taken to a custody area the arresting officer outlines the circumstances of the arrest to the "Custody Officer" (normally a Sergeant)
The Custody Officer makes a decision as to whether detention in custody is authorised
amongst the rights a detained person has (which are gone through by the Custody Officer
1) a right to have someone told of your arrest ( it is not a right to a phone call it is a right to have someone told of your arrest. Often if it did not compromise the investigation i would let the arrested person make the call (supervised)
2) a right to free and independent legal advice
Whilst those rights can be wiitheld it is exceptionally rare to do so---in my two years as a Custody Sgt it never happened
Police and Criminal Evidence Act Code C if you want to know more
Thanks. The Custody Officer makes a decision as to whether detention in custody is authorised
amongst the rights a detained person has (which are gone through by the Custody Officer
1) a right to have someone told of your arrest ( it is not a right to a phone call it is a right to have someone told of your arrest. Often if it did not compromise the investigation i would let the arrested person make the call (supervised)
2) a right to free and independent legal advice
Whilst those rights can be wiitheld it is exceptionally rare to do so---in my two years as a Custody Sgt it never happened
Police and Criminal Evidence Act Code C if you want to know more
In your experience, how long would it take for someone to be informed? Average of an hour, 2 hours, 3, 4?
davejhopwood said:
Thanks.
In your experience, how long would it take for someone to be informed? Average of an hour, 2 hours, 3, 4?
Instead of fishing or drip feeding clues why don't you tell the full story? In your experience, how long would it take for someone to be informed? Average of an hour, 2 hours, 3, 4?
That way you might get a full answer.
ETA Your link doesn't work BTW. 'Page not found'.
Edited by paintman on Friday 16th June 09:43
paintman said:
ETA Your link doesn't work BTW. 'Page not found'.
There is an errant comma in the end of the link, it resolves fine without it:Edited by paintman on Friday 16th June 09:43
https://www.gov.uk/arrested-your-rights
paintman said:
Instead of fishing or drip feeding clues why don't you tell the full story?
That way you might get a full answer.
ETA Your link doesn't work BTW. 'Page not found'.
I think the comma at the end has screwed it up!
My brother's daughter was arrested at 7am and he was not informed until after 12 noon. He was frantic because she wasn't at home and he didn't know where she was. She had asked the police numerous times to ring him but it didn't happen until over 5 hours later. Is that common?
That way you might get a full answer.
ETA Your link doesn't work BTW. 'Page not found'.
I think the comma at the end has screwed it up!
My brother's daughter was arrested at 7am and he was not informed until after 12 noon. He was frantic because she wasn't at home and he didn't know where she was. She had asked the police numerous times to ring him but it didn't happen until over 5 hours later. Is that common?
Edited by paintman on Friday 16th June 09:43
Ganglandboss said:
davejhopwood said:
According to this https://www.gov.uk/arrested-your-rights, it's one of your rights to be able to tell someone where you are. It doesn't mention being an adult negates this right.
I read Phil Dicky's response as the police are not required to automatically inform somebody, as they would with a minor., however, they must do so if requested (with certain exceptions).Unless you are a child, if you don’t ask, you don’t get. You get to choose.
Otherwise, you open up a Pandora’s box of scenarios where someone is automatically notified, when the accused didn’t ask, or want them to be.
Tommo87 said:
It made sense to me also.
Unless you are a child, if you don’t ask, you don’t get. You get to choose.
Otherwise, you open up a Pandora’s box of scenarios where someone is automatically notified, when the accused didn’t ask, or want them to be.
She did request that her dad was told but it took them over 5 hours to do it, leaving them wondering where the hell she was. Unless you are a child, if you don’t ask, you don’t get. You get to choose.
Otherwise, you open up a Pandora’s box of scenarios where someone is automatically notified, when the accused didn’t ask, or want them to be.
davejhopwood said:
She did request that her dad was told but it took them over 5 hours to do it, leaving them wondering where the hell she was.
The request to notify is normally completed by custody staff over the phone after her detention has been authorised. Sometimes there is a lengthy journey to custody if a property search is conducted enroute, and there can be delays when arriving at a busy custody centre until that part of the procedure is reached. If a contact number is not available, a local unit may be tasked to make contact in person, which may lead to a delay.
Code C explains when the delay in notification of an arrest may be delayed, but the maximum delay period is 36 hours.
Some people decline to answer withheld or unrecognised phone numbers, leading also to a delay in them being notified.
The contact attempts, reasons for delays and completion are all recorded on the custody record.
davejhopwood said:
My brother's daughter was arrested at 7am and he was not informed until after 12 noon. He was frantic because she wasn't at home and he didn't know where she was. She had asked the police numerous times to ring him but it didn't happen until over 5 hours later. Is that common?
Intrigued to know what you can do at 7.00am to get arrested!?davejhopwood said:
Yellow Lizud said:
Intrigued to know what you can do at 7.00am to get arrested!?
It allegedly happened 5 days before. What happened during those days that made the arrest delayed/necessary? No one knows, except the police, I presume. davejhopwood said:
Thanks.
In your experience, how long would it take for someone to be informed? Average of an hour, 2 hours, 3, 4?
Its part of the "booking in" procedure once detention has been authorised by the Custody Officer so normally shortly after arrival in the cell area unless there is a queue of people to be booked in.In your experience, how long would it take for someone to be informed? Average of an hour, 2 hours, 3, 4?
Also whilst the question has to be asked as part when booking in its not unusual for someone to say no / not now but then change their mind some time later.
When did she ask for somebody to be notified of her arrest ?
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