You may want to print / copy some of the following to keep as reference:
Legal Information for this Event
If arrested/detained tell police to phone McCourts; number will be given out on day.
If arrested or detained:
Shout your name - so you can be located later
Note the numbers of the arresting/detaining officer(s)
At the Police station you still have a right:
To know why you have been arrested/detained, so ask.
To have a solicitor of your choice informed free of charge,
To let someone know you have been arrested,
To remain silent. There is NO requirement to talk the police.
We strongly advise that you: (1) make 'NO COMMENT' to all questions, (2) don't write a statement, (3) don't sign a statement written by the police, and (4) don't sign any police notebook - untill you have seen a solicitor recommended by us.
The Criminal Justice Act HAS NOT got rid of the right to silence. It's being used to intimidate us. It's in your interest to give the police a name and address.
You don't have to give a date of birth, but it may delay your release.
If arrested/detained tell police to phone Ms MacDonald, solicitor, of McCourts immediately on: 07979 ******
You may be asked lots of questions such as what scars or tattoos you have - you do not have to answer these. If the police assault you, go to casualty immediately and get your injuries recorded. Once charged/arrested you have the right to talk to a solicitor of your choice free of charge. Also they can fingerprint & photograph you . You may also be asked for a saliva sample.
At the event - look after each other. Try to make sure that you are with people who know your name and address (so they can confirm it with the police if you're charged and are waiting to be released) and will look out for you.
If you witness an arrest/detention:
- Write down the name of the arrested person and where they were arrested.
- Write down the number of the arresting officer(s).
- Go to the police station where they are being held.
If you are injured or witness an injury: Get emergency medical treatment from the ambulance service. Independent doctors can examine and photograph injuries. This may help in the event of legal action against you or the police.
If the police suspect you have committed a crime (suspect); or if the police believe you may have witnessed a crime (potential witness); then they may ask your name and address. If they ask this, ask them: "Do I have to give my name and address?", and "Why?", so that you can find out whether you are a potential witness or a suspect. They must inform you of the "general nature" of the crime you are suspected of committing or witnessing. If you are a suspect you must give your name and address and you must wait for them to check it out: this should not take long. If you are a potential witness you must give your name and address: then you can leave immediately. They can arrest you if you do not do this, or if they think you have provided incorrect details: refusing to give this information or giving false information is a crime.
If the police suspect you of a crime which you can be punished with imprisonment if found guilty (e.g. breach of the peace), then they can detain you. Detention is similar to being arrested, you are taken by force by the police to a police station and you are kept captive there. You may be questioned but you may (and probably should) remain silent, apart from giving your name and address.
You may have someone informed that you have been detained, and also have a solicitor informed but you have no right to talk to a solicitor yet. Detention can last up to 6 hours.
If the police believe you have committed an offense, or in certain other circumstances, they may arrest you. You may be arrested after being detained, this is when you are charged. You may have someone informed that you have been arrested, and also may talk to a solicitor. You may be released once you are charged. This means that you will receive a complaint at a a later date which sets out the crime you are accused of and the date of the first hearing - unless they decide to take no action. Alternatively you may remain in custody until you appear in court on the next working day, where your solicitor will represent you. Usually you will receive bail which means you will be freed subject to certain conditions and appear in court at a later date.
Remember people have been convicted of breach of the peace simply for swearing at an officer.