Arrested?

Any individuals who are arrested will be taken to a police station where, usually, an interview is conducted before any decision is made.

You will need specialist legal advice for this interview and it is important that you engage a solicitor from the outset.

Generally speaking, these rules are applicable where you have been arrested and facing an
investigation by:

• The police;
• National Crime agency (NCA)
• Serious Fraud Office (SFO);
• Financial Conduct Authority (FCA)

Your Rights

These rights include but are not limited to:

• Legal advice;
• Informing someone of your arrest;
• Medical assistance;
• The right to an interpreter.

Can they take my fingerprints?

The police have the right to take the following without your permission:

• A photograph of you;
• A DNA sample including a mouth swab or head hair root;
• Fingerprints.

If you do not comply, reasonable force can be used by the Officers.

How long can I be kept in custody?

The usual rules are that a suspect can be kept in custody for the following duration before a decision is made to charge or release you:

• Up to 24 hours;
• Up to 36 or 96 hours for serious offences;
• Up to 14 days for specific offences relating to terrorism.

Interview

It is important that you do not attend an interview alone and that your solicitor is present. Prior to any interview the solicitor will obtain “pre-interview disclosure”, where some information about the allegation may be provided. The solicitor will be able to advise you of your options including your right to silence, if applicable.

Caution

When you are arrested and at the start of any interview, the police will caution you, which is:
“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.”

The significance of this caution will be explained to you by your solicitor.

Post Interview

Following an interview, the police have four options:

1. Charge: Keep the suspect in police custody and charge the suspect to appear at court;
2. ‘Pre-Charge Bail’ AKA ‘Police Bail’: Release the suspect and specify a set date for the suspect to come back to the police station where a decision may be made. The police may impose bail ‘conditions’, such as to reside at the normal home address or to surrender any passports. The aim is to ensure that the suspect does not abscond and surrenders to the police if required.
3. ‘No Further Action’: Issue a notice of no further action, meaning the matter is closed and the suspect will not face any charges at this stage.
4. ‘Release under investigation’ – RUI: This is an indefinite measure, meaning that the suspect is free to go about their daily lives but remains under investigation. The matter will conclude either by the police issuing a notice of no further action or by a letter of ‘written charge’ requisitioning the suspect to attend court.

If a suspect is charged, they will attend the Magistrates Court and depending on the offence, this could proceed to the Crown Court.

‘Court’ Bail?

Whether arrested or requisitioned to attend, a charged individual (after charge known as a ‘Defendant’), will appear at a Magistrates Court to answer the charge. The matters which the Court
will deal with are:

• Whether the Magistrates Court can hear the case or not;
• Should the Defendant be remanded in custody (prison);
• Should the Defendant be admitted on bail and if so, which conditions should be imposed;
• In some cases, the Defendant will be asked to enter a plea of guilty or not guilty. However, in complex cases, this may not be the case.

Conditional or Unconditional bail?

Bail can be ‘unconditional’ or ‘conditional’. If unconditional, the defendant can leave court and move freely as the defendant need only attend court at the next specified date. ‘Conditions’ attached to bail mitigate the risk of the defendant frustrating the procedure or causing harm. The most common grounds for imposing bail conditions are:

• Interfering with prosecution witnesses;
• Failing to ‘surrender’ to court (failing to turn up);
• Seriousness of the offence;
• Committing further offences;
• For their own safety;