The Miranda warning (or Miranda rights) is the first thing you think of when wondering “what do police say when they arrest you?” However, this is the US version of what we know as the police caution. In the UK, we have similar laws when it comes to your rights to remain silent. This is also known as the privilege against self-incrimination.
It’s important to note there are five major points police must say when arresting you in the UK. In this post, HNK Solicitors will highlight what do police say when they arrest you and how it can affect the outcome of the criminal procedure.
What do police say when they arrest you?
Being arrested is a serious moment and during this time there are certain procedures police must follow. Failure to do so can make the arrest unlawful. An arresting officer must always state the following three points as soon as practicable after an arrest:
- That you are being arrested,
- The crime you are being arrested for,
- The necessity of arresting you,
They may then state the police caution: “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.” either during your arrest of before questioning.
Once you have been taken to a police station, you will be searched and held in a cell. The arresting officer should let you know all of your rights, these include:
- Your access to free legal advice,
- The ability to tell someone where you are (unless you are held incommunicado)
- To receive medical attention if you are unwell,
- To see the Codes of Practice,
- To see a written notice informing you of your rights – these must be in your language and if not, an interpreter must be able to read the code of practice and written notice to you.
Failure to give you all of this information constitutes police misconduct and can be used as evidence when making a civil action against the police claim. Visit our post for a more in-depth look into what should (and shouldn’t) happen at a police interview. Knowing your rights is pivotal to the process as not all police follow the codes of practice.
Police failure to meet PACE standards
The Police and Criminal Evidence (PACE) Act 1984 is a legislative framework for the powers of police officers in England and Wales. It provides codes of practice for police powers when combatting crime and must be followed at all times. Any failure to do so can result in a civil action against the police claim.
In order to conduct a lawful arrest, the two limbs of section 24 of the PACE act must be met. A police officer can arrest a person without a warrant if they have reasonable grounds to suspect that person of being guilty of a crime and this arrest is only exercisable if there are reasonable grounds for believing an arrest is necessary. If either of the two branches are not met, the arrest is deemed unlawful. The same goes for meeting the verbal procedure of arrest.
HNK can help you in your civil action against the police claims
At HNK Solicitors, we have extensive experience in successfully obtaining compensation in action against the police cases. From minor misconduct to unlawful arrest. Our case studies are a testament to the hard work we provide to get our clients the justice they need. We have a dedicated department for action against the police cases. Just this year, Senior Associate and Head of the action against the police department Demi Drury secured £84,734 for one of our clients who was arrested without any reasonable grounds.
HNK are happy to answer these questions, like ‘what do police say when they arrest you?’ and offer advice to those who may believe they have experienced police misconduct. Whether that be during arrest, at a police interview or whilst in the custody of the police. This case study offers more information on the standards necessary for a lawful stop and search.
If you have been subjected to police misconduct, contact our actions against the police department on 0151 203 1104 or email – enquiries@hnksolicitors.com to see if we can assist with obtaining compensation on your behalf.
