Can you visit someone in police custody UK?
Can you visit someone in police custody UK?
Finding out someone you care about is in police custody can be a terrifying experience, almost as terrifying as being in police custody yourself. Receiving notification that a loved one is in police custody will likely leave you with many questions, one of which is ‘Can you visit someone in police custody UK?’.
You may also be wondering what procedures the police must follow and what an individual’s rights are while in police custody. This article aims to answer all these questions and provide you with an understanding of what happens when someone is in police custody, as well as whether you can visit them or not.
Police codes of practice
There are codes of practice in the Police and Criminal Evidence Act 1984 (PACE) that set out regulations about how people should be treated when they are arrested and taken into police custody in England and Wales. The police must follow these rules and ensure they uphold your rights while in custody; otherwise, their behaviour or the arrest could be considered unlawful.
What happens when in police custody?
When a person is taken into police custody, the custody officer should explain to them that they have the right to:
- Get legal advice
- Have someone informed of their arrest
- To access a copy of the PACE codes of practice
- An interpreter, if they need one
- See a written notice informing them of their rights
They must also be informed what offences they have been arrested for, and if they are arrested for further offences while in custody, they must be informed of these. The person in police custody should receive a written notice of these rights and other rights they are entitled to, such as the right to remain silent and the right to access documents and evidence essential to challenge the charge against them.
The police must open a custody record that details all the events that take place at the police station in relation to the person who has been detained. You have the right to access a copy of that custody record, which can be useful if you wish to later challenge the lawfulness of the arrest, detention, and treatment while in police custody.
While in police custody, the police usually take biometric and forensic information from the person they have arrested. This includes fingerprints, other body prints and blood samples. If someone does not consent to having their fingerprints taken, the police may use reasonable force to do this. It is important to note that if you are later released with no charge, and have never been previously charged with a crime and have no outstanding convictions, the police should remove this biometric data from the system and your police record. If they do not, this could constitute unlawful retention of data.
After this, you will then be interviewed by the police. If they have requested a solicitor, they cannot be interviewed until the solicitor is in attendance and they have had the chance to consult with them in private.
What happens during a police interview?
First of all, it’s important to stress that you can have legal representation during the interview. If you cannot afford paid representation, you are entitled to free advice from the duty solicitor. Secondly, if you are under 18 or a vulnerable adult, you are entitled to have an ‘appropriate adult’ present during the interview. This can be a friend or family member, parent or guardian, carer or voluntary paid specialist. They can provide help and support during the interview and ensure officers are behaving appropriately during the interview.
During the interview, you will be asked questions relating to the specific offence or offences you have been arrested for. They may also ask you other questions relating to your personal life, work or relationships, for example.
You have the right to silence. This means you do not have to answer any questions, nor do you have to speak at all if you do not want to. However, as the police caution states:
“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.”
Choosing not to say anything could lead to problems later down the line if you then provide explanations you did not offer when you were interviewed. This can cast doubt on the truthfulness of what you are saying.
It is also important to remember that “anything you say may be given in evidence”. Officers may chat to you in an informal manner and ask broad questions that don’t seem to be related to any offences, but they could have reasons for asking this that you are unaware of, and what you say then can be used as evidence.
How long can the police keep someone in custody?
There are set time limits in place for how long the police can keep someone in custody. This is set out in PACE. In general, people cannot be kept for longer than 24 hours without charge, except in more serious cases. This is calculated from the time the person arrives at the police station or the time of the arrest, whichever is earlier.
A person can be kept for up to 36 hours in certain circumstances, when it is authorised by the superintendent of the police station and can only be allowed if certain conditions apply:
- The detention is necessary to preserve or secure evidence relating the an offence.
- The offence is indictable.
- The investigation is being conducted diligently and expeditiously.
Police can apply to the Magistrates Court for a warrant to detain a person for a further 36 hours (72 hours maximum) in the most serious of cases. Different rules apply for arrests under the Terrorism Act, where you can be held up to two weeks without charge.
Are you allowed to phone someone when in police custody?
When you have been arrested, you are entitled to have one person informed of your whereabouts. You can ask the police to contact someone for you, and they will contact them as soon as they can. In most cases, you can make one phone call for a reasonable amount of time, but this can be delayed or denied by an Inspector. Read more about how long police can hold you without a phone call in our blog on the subject.
Can you visit someone in police custody?
As a general rule, visitors are not allowed in police custody. There are no provisions in place for people to visit someone in police custody, unlike in prisons. As individuals are usually only held for a short period of time, there is no right in place for them to have visitors.
If a person is vulnerable or under 18, however, an appropriate adult must attend the police station to ensure the person’s rights are upheld. This is usually a parent or guardian of a child or young person. For a vulnerable adult, this could be a partner, friend or carer.
If you are concerned because someone in police custody needs items such as medicine or glasses, you may be able to drop these items off at the police station for them to be passed on to the individual. This does not mean you will be able to visit them, though and hand them the items yourself.
What to do if someone is not treated appropriately in police custody?
Above we have outlined what should happen when someone is in police custody, and their rights when in there. If you feel you, or your loved one, have not been treated correctly while in police custody, there are several steps you can take. Police do not always upheld the standards expected of them, and in these instances, they should be held to account.
First of all, you can make a complaint to the police force responsible about your treatment. Most police forces have dedicated pages on their websites where you can make a complaint, or you can go through the Independent Office for Police Conduct (IOPC) website to launch a complaint. The IOPC will refer the complaint on to the relevant police force to handle it.
A police complaint deals with the standards of professional behaviour and whether an officer has breached these. There is a range of outcomes you can expect from a police complaint, but you are very unlikely to receive any compensation as a result of a police complaint. In order to gain compensation for your mistreatment, you must pursue a civil claim against the police.
HNK Solicitors can help with your civil action against the police claim
Mistreatment by police while in police custody, or any situation, can be extremely traumatising and have a lasting negative effect on your life. Whether you suffer physical injury or emotional distress, the impact can be life-changing, and you are entitled to claim compensation for this ordeal.
While compensation cannot change what happened to you, it can go some way in helping you to move on from the incident and get the help you need to recover. Making a police claim can be difficult, and it’s important you seek the help of an experienced police claim solicitor.
HNK Solicitors has a team of dedicated action against the police solicitors who are dedicated to helping our clients gain compensation and holding the police to account for their misconduct. We have helped thousands of clients claim damages after suffering police mistreatment. For example, we helped one client gain £87,000 for wrongful arrest by the Thames Valley Police.
Our team are here to support you every step of the way, gathering evidence to support your claim, communicating with the police on your behalf and can even represent you in court if necessary. We offer free consultations to discuss your case, and we can take on claims on a no-win, no-fee basis, so you don’t pay a penny upfront to start your claim.
If you have suffered mistreatment by police and are considering a claim, get in touch with our team today. Call us on 0151 668 0814, email us on enquiries@hnksolicitors.com or fill in the form on our website and we’ll be in touch.
