If you are taken in by the police…
- You have the right to free legal advice (although there are some times when the police will need to ask you questions straight away before you have talked to a solicitor)
- You have the right to ask the police to call someone for you. This is free. Although there are certain times when the police will not let you contact anyone – more information about this will be in theCodes of Practice (external link) book
- You have the right to ask to read the Codes of Practice (external link) book. This explains what the police can and can’t do
- Tell the police if you need medical help, need to take medication or if you want to see a doctor or nurse. This is free
- If you are kept in a cell you should have this to yourself if this is possible. Your cell and bedding should be clean and warm and you should have plenty of light
- You must be allowed to use the toilet and have a wash
- If your own clothes are taken from you the police must give you something to wear
- You must be offered three meals a day with drinks as well as drinks between meals
- If possible you should be allowed outside each day for fresh air
- You must have at least 8 hours rest in any 24 hours whilst you are being held by police
- You could be kept for 24 hours without being charged for a crime. This time could be extended by a senior police officer. After 36 hours the time can only be extended by the court. A senior police officer will assess your case to see if you should be held for longer. You have the right to say what you think about this decision
- For some crimes the police have the power to take your photo, fingerprints or DNA. If you have been arrested because of a drink driving crime you are required to give the police samples of your breath, blood or urine if requested even if you have not yet spoken to a solicitor
- Independent custody visitors are community volunteers who make sure that people held in police stations are being treated properly and are getting equal rights. They may visit you to check if you are OK but you don’t have to speak with them if you don’t want to
- Everything that happens when you are at the police station is recorded. This is called the custody record. When you leave the police station you can ask to see a copy. The police will get this to you as soon as they can.
Appropriate Adults
If you are taken in by the police and:
- You are under 18
- You have a learning disability
- You have mental health problems.
The police officers should call an appropriate adult to the station to help you.
An appropriate adult is someone who gives you support during police interviews. It could be a parent, guardian, carer, charity worker or a community volunteer. In Wigan, appropriate adults are usually chosen for you by the Youth Offending Team.
If you need an appropriate adult the police will call them for you. The appropriate adult must be with you when the police speak to you or ask you to do anything. Your appropriate adult can also ask for a solicitor for you although you can speak with your solicitor without the appropriate adult in the room if you want to.
If you are being held because of your mental health…
If the police are concerned about your mental health they can hold you for an assessment. This does not mean that you have been arrested for a crime. The police will arrange for you to be seen by a doctor and an approved mental health professional. This must happen within 72 hours (3 days).