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Stand Up 4 Your Rights Under Arrest Disability - Access All Areas I Don't Need This Abuse In Confidence Environmental Concerns Race Faith Employment Rights Right To Be Heard Are You Old Enough? Guide to Street Awareness Victim of Crime Under Arrest If you are arrested you:   must be told the reasons and grounds for arrest   must be told your legal rights   may be arrested prior to being searched Being arrested On the street The police can stop and talk to anybody. It's up to you whether you reply or co-operate. The police can only ask for your details if you have committed an offence or they suspect you have committed an offence. You don't have to answer any questions until you have received legal advice. You cannot be searched just because of your age or colour. The police can search you, the car you are in, or any item you are carrying, if they think you have:   stolen goods   weapons   drugs   items which may be used to steal   evidence of an offence Before searching you, the police must tell you:   who they are and where they are from   why they are searching you   that you can have a copy of the search record You do not have to provide your details when you are searched. You should be provided with a copy of the search record at the time of being searched or as soon as practicable. Away from the street The police can enter and search:   anywhere they have reasonable cause to suspect someone to be (and can then arrest that person)   your home after you have been arrested   anywhere you were immediately before your arrest   anywhere to prevent injury or damage to property   if they have a warrant Before searching the police must:   tell you why they are searching the place   give you a copy of any search warrant and a notice of your rights   allow you to get someone to be a witness (this is allowed as long as it does not disrupt the search) At any point, if you are not sure what's going on, ask for an explanation. In a car The police must have a reason to stop a motor vehicle (such as cars, mopeds, motor bikes) or a bicycle. The most common reasons are:   they suspect you of driving whilst unfit due to drink or drugs.   a moving traffic offence such as bald tyres or the way you were driving.   to check that the vehicle documents are in order. This police cannot use these reasons to harass you. At the police station When you are at the police station:   you can see your own solicitor or a duty solicitor free of charge (a solicitor is always available)   you can have someone told about your arrest   you can ask for a doctor if you feel unwell   everything that happens is recorded on a sheet. Your solicitor can obtain a copy of this   if you are asked to sign a police officer's notebook check that it is accurate. If it isn't, ask for your disagreements to be recorded   you don't have to say anything if you’ve been arrested. It may harm your case if you fail to mention something which you later rely on for your defence in court. Anything you do say will be recorded   if you are under 17, or otherwise vulnerable, and an adult (a parent, carer or someone else) cannot be there to support you, the police cannot interview unless there is an appropriate adult present. The Youth Offending Team can provide appropriate adults where necessary All custody suites in Somerset have a drugs worker as part of the Drugs Arrest Referral Scheme (but this is not a 24 hour service) If you are 17 and over, and are willing to talk, they can offer you advice & support. If you are under 17 a worker can see you with parental consent . Cautions If you are under 18, it is your first offence and you admit to it, three things can happen:   a reprimand   a final warning   an appearance in the youth court in front of magistrates Final warnings and court appearances result in a referral to the Youth Offending Team (YOT) which offers support in reducing risk of re-offending. Someone who offends after a final warning will go to court. If a young person pleads guilty at the first court offence they will be made subject of a referral order and will need to attend a youth offender panel (unless the offence is so serious that it results in a custodial sentence or so minor that an absolute discharge can be made). Final word The law isn't easy. If you been arrested, and don't understand something, ask for a solicitor. If you feel you've been treated badly, complain to a solicitor or the police. You can also contact the Independent Police Complaints Commission www.ipcc.gov.uk 08453 002002 Return to top of page Make text larger Make text smaller Text Only Display Disclaimer