Your rights when detained by police
Your rights when detained by police
If you have been arrested and taken into custody, understanding your rights when detained by police is essential. Knowing what officers can and cannot do helps you recognise whether your treatment was lawful, and whether you may be entitled to compensation for police misconduct.
At HNK Solicitors, we specialise in helping individuals who have experienced unlawful arrest, excessive force, or mistreatment in custody. This guide explains your rights when detained by police in clear terms so you can determine if those rights were breached.
Why knowing your rights matters
Being detained can be stressful and disorienting. Unfortunately, not everyone is treated fairly. Breaches of your rights can lead to serious harm, both physically and emotionally, and leave lasting damage that’s hard to recover from.
There are set rules and procedures in place that the police must follow in order to do their job lawfully. The police codes of practice are laid out in the Police and Criminal Evidence Act 1984 (PACE), they set out how people should be treated when detained by police in England and Wales. If the police fail to follow these regulations while you are in custody, you may have grounds to bring a claim for compensation. Understanding your rights when detained by police is the first step in identifying whether misconduct occurred.
Your key rights when detained by police
Your rights when detained by police are detailed clearly by the government, but we’ll go into more detail about each of your rights when detained and in police custody below.
1. The right to know why you have been arrested
Police must tell you:
- That you are under arrest,
- The reason for your arrest,
- The specific grounds for your detention.
If this is not explained clearly and promptly, your detention may be unlawful.
2. The right to free legal advice
You are entitled to free, independent legal advice from the moment you enter custody. You can ask to speak with a solicitor in person or over the phone and request your solicitor’s presence during interviews. If you do request legal advice, you cannot be interviewed before you have had the chance to speak to a solicitor in private.
If the police discourage or delay access to legal advice, or interview you without it after you said you wanted it, this can amount to a breach of your rights.
3. The right to have someone notified
You can ask the police to inform one person — a relative, friend or other chosen contact — that you have been detained. If this request is refused without lawful justification, it may be challenged.
Many people believe you have the right to a phone call, but that is not necessarily true. In most cases, the police will let you call one person yourself, but in some instances, this can be denied as your right is to have someone notified, which could be done by the police themselves. To read more about how long police can hold you without a phone call, read our blog.
4. The right to medical assistance
If, while in police custody, you feel unwell or you need prescribed medication, you have the right to receive medical assistance. You must be offered medical help if:
- You feel unwell,
- You need prescribed medication,
- You have injuries from your arrest or from before coming into custody.
You can inform the custody officer directly or through another officer if you feel unwell or need medical attention. It is also the duty of the custody officer to ensure that anyone in detention with physical injury or illness is immediately attended to by a medical practitioner. Individuals suffering from mental illness also deserve this same right.
Upon your request, the police station will provide you with a custody doctor or nurse who can attend to your medical needs. In worst-case scenarios, you may be taken to a hospital.
Failing to provide timely medical care can amount to negligence or serious misconduct.
5. The right to humane treatment and basic welfare
While in custody, you must be treated with dignity and respect. This includes:
- Clean and safe accommodation,
- Appropriate clothing and bedding,
- Access to toilet facilities,
- Protection from harm, including from other detainees.
Any degrading or unsafe treatment can be a breach of your rights, and you could claim compensation as a result of this.
6. The right to have the custody record kept accurately
From the moment you arrive in police custody, you will be handed over to a custody officer. The custody officer must maintain a custody record documenting everything that happens while you’re in police custody. This includes:
- Your arrival time,
- Your welfare checks,
- Any interviews,
- Requests for legal advice,
- Any complaints or incidents.
If your custody record contains inaccuracies or missing information, this may support a claim for misconduct. You also have the right to access this custody record, which can be used to support your claim if your rights were breached.
7. The right to remain silent
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. The police must read you the police caution, which 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.”
This is similar to the Miranda Rights popularised by American TV shows and films, but it is the UK version. If you do not want to answer a question or are unsure how to, you have the right to remain silent and not answer. Read more about your right to remain silent in this article.
8. The right to be released promptly
You can only be held for a limited amount of time before being:
- Charged,
- Released under investigation,
- Or released without charge.
If the police keep you longer than permitted, your detention may be unlawful. Usually, you can only be kept for 24 hours without being charged, but in some instances, this can be extended for specific reasons. Read more about how long police can hold you in custody here.
Common examples of police misconduct during detention
Many people contact us because one or more of the following occurred:
- Unlawful or unnecessary force used during arrest or inside the station
- Denied access to a solicitor
- Inadequate medical care
- Failure to follow the correct procedures
- Discrimination or degrading treatment
- Unlawful strip searches
- Inaccurate or falsified custody records
- Arrested unlawfully
If you experienced any of these while detained, you may be able to make a claim for compensation.
What to do if you believe your rights were breached
If you think your rights when detained by police were violated, you can make a complaint to the relevant police force to investigate the incident. However, a police complaint will only deal with the standards of professional behaviour and whether an officer has breached these. This won’t result in compensation.
To claim compensation for the mistreatment you suffered, you can make a civil claim for compensation. To do this, it is best you get help from an experienced action against the police solicitor, as these claims are highly defended, and they will know how to navigate the relevant laws and regulations effectively to ensure you get the compensation you deserve.
The sooner you seek advice, the easier it is to gather evidence and protect your position. It is best to seek advice as soon as possible after the incident.
HNK Solicitors can help with your police claim
If you believe the police breached your rights during detention, you don’t have to sit back and take the mistreatment. You have options to seek redress. Making a claim can help you to get the compensation you need to move on from the incident and compensate you for what happened. Our specialist team can assess what happened, explain your options clearly, and help you pursue compensation where appropriate.
We offer free consultations and can take on claims on a no-win, no-fee basis, so you don’t have to pay a penny upfront to start your claim. Our specialist team are experienced in helping individuals claim compensation from police forces all over England and Wales and has successfully helped thousands get the compensation they deserve after suffering misconduct at the hands of the police.
Understanding your rights when detained by police empowers you to take action when those rights are ignored. Contact HNK Solicitors today to speak confidentially with an expert in police misconduct claims. 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.
