What happens if you're arrested?

[Bitter Ashes]

I have only ever been arrested by civilian police once, about 7 years ago and bieng totaly open and honest, at the time it really frightened me and I seem to have forgotton most of what actualy happened.

I was wondering what actualy happens when you're arrested in the UK and what's the limits that the police can act within during an arrest. I know that if they do it wrong then they have to immediatly release you, but I'm not sure whether than means that they can just immediatly re-arrest you correctly, or not.

I know that they have to actualy have reason to suspect that you have committed a crime and that believe that they will find evicende to support that within 24 hours before they can charge you. I also know that there's some kind of statement that they read to you which is something like "You are under arrest. You have the right to remain silent. Anything you say may be taken down in evidence and used against you." or something like that, but I'm not sure of the specifics, which is kinda important isnt it, because it's supposed to be very precise about what they can and cant do.

Is it possible for the police to arrest you on a whim and just hold you for 24 hours without charge before releasing you, knowing full well that they cant charge you and just keep repeating this if they need to? What would you do if you suspected that the police were actualy breaking the law themselves and would you be justified in evading arrest if you believed the police were behaving unlawfully?

Lot of questions there I know.

[Kukulofori]

Police are immune to the law, never underestimate what they can or will do.

[The Ungovernable Farce]

I have only ever been arrested by civilian police once, about 7 years ago and bieng totaly open and honest, at the time it really frightened me and I seem to have forgotton most of what actualy happened.

I was wondering what actualy happens when you're arrested in the UK and what's the limits that the police can act within during an arrest. I know that if they do it wrong then they have to immediatly release you, but I'm not sure whether than means that they can just immediatly re-arrest you correctly, or not.

I know that they have to actualy have reason to suspect that you have committed a crime and that believe that they will find evicende to support that within 24 hours before they can charge you. I also know that there's some kind of statement that they read to you which is something like "You are under arrest. You have the right to remain silent. Anything you say may be taken down in evidence and used against you." or something like that, but I'm not sure of the specifics, which is kinda important isnt it, because it's supposed to be very precise about what they can and cant do.

Is it possible for the police to arrest you on a whim and just hold you for 24 hours without charge before releasing you, knowing full well that they cant charge you and just keep repeating this if they need to?
Possible, but they'd need a reason for it. It's worth bearing in mind that arresting someone generates a lot of paperwork. In my experience (and bear in mind this is just my experience, not a general law), if you're arrested for a minor offence and they think they can prove you did it, they'll offer you a caution to avoid the hassle of a prosecution, if you're arrested for something and they don't think they can prove you did it, they'll interview you and try and get you to admit it, but if you're sensible and keep your mouth shut they'll have to release you without charge within 24 hours. I think you'd really have to piss them off a lot before they'd do what you describe.

What would you do if you suspected that the police were actualy breaking the law themselves and would you be justified in evading arrest if you believed the police were behaving unlawfully?
Do you mean justified in the eyes of the law, or morally justified? I'd certainly say the latter (I also think it's often justifiable to evade arrest even when the police are behaving lawfully), dunno about legally but I suspect you'd have to prove that the police were behaving unlawfully, which I imagine would be quite difficult to actually prove.
And as Κουκουλοφόροι says, it is always possible for them to break the law and just beat the shit out of you. If you do catch them breaking the law, note down their badge numbers, they really don't like that. If you're going to be involved in anything confrontational, it's always worth having one person (with at least a notebook, and preferably also a camera) who stays uninvolved in the action to act as a legal observer.

Useful links:
No Comment - The Defendant's Guide to Arrest (http://libcom.org/organise/no-comment-the-defendants-guide-to-arrest)
Bust Card (http://www.ldmg.org.uk/files/bustcard.pdf)
Legal Defence and Monitoring Group (http://www.ldmg.org.uk/)
Free Beagles (http://www.freebeagles.org/)

[ArrowLance]

I have only ever been arrested by civilian police once, about 7 years ago and bieng totaly open and honest, at the time it really frightened me and I seem to have forgotton most of what actualy happened.

I was wondering what actualy happens when you're arrested in the UK and what's the limits that the police can act within during an arrest. I know that if they do it wrong then they have to immediatly release you, but I'm not sure whether than means that they can just immediatly re-arrest you correctly, or not.

I know that they have to actualy have reason to suspect that you have committed a crime and that believe that they will find evicende to support that within 24 hours before they can charge you. I also know that there's some kind of statement that they read to you which is something like "You are under arrest. You have the right to remain silent. Anything you say may be taken down in evidence and used against you." or something like that, but I'm not sure of the specifics, which is kinda important isnt it, because it's supposed to be very precise about what they can and cant do.

Is it possible for the police to arrest you on a whim and just hold you for 24 hours without charge before releasing you, knowing full well that they cant charge you and just keep repeating this if they need to? What would you do if you suspected that the police were actualy breaking the law themselves and would you be justified in evading arrest if you believed the police were behaving unlawfully?

Lot of questions there I know.

The problem is, pretty much any court will take the cops word over yours. They could say they smelled alcohol or drugs on you. Usually the cops don't just make arrests for the hell of it. But they have a lot of power, and there isn't that much you can do about it.

[spiltteeth]

Whatever you do DON'T ask the officer if he wants to start the next sexual revolution with you
cuz either way he answers things get weird

[NecroCommie]

Whatever you do DON'T ask the officer if he wants to start the next sexual revolution with you
cuz either way he answers things get weird
Any personal experience?

Personally I love to interact with cops. It is because I enjoy their frustration when they realize that they do not have the psychological upper hand with me, as I have a tendency to treat them as any other person.

I'm perfectly polite, but that seems to be a problem with these authority hungry assholes who would love to see me grovel beneath their perceived superiority.

[Sarah Palin]

Do not answer any questions.

http://video.google.com/videoplay?docid=-4097602514885833865

If the video doesn't work: http://video.google.com/videoplay?docid=-4097602514885833865

[Killfacer]

I don't think it's particuarly helpful for people from the USA to answer this question because we have completely different laws. Unless of course they have alot of knowledge on the subject.

Having said that, the advice "don't say anything" still stands. Not at least until you have talked to someone about it and have given it some thought.

[bcbm]

Having said that, the advice "don't say anything" still stands. Not at least until you have talked to someone about it and have given it some thought.

I would say that you should never say anything to the police. Period. When they say that anything you say can and will be used against you (or whatever the particular wording is in the UK?) they mean it. Your best bet is to answer any question with "I am not going to answer any questions without the company of a lawyer," and even with a lawyer its often best to stay silent. If they want to prove anything, make them do the dirty work. Anything you say, no matter how seemingly innocous, could hurt you or others so its better to just stay quiet.

[Black Dagger]

The problem is, pretty much any court will take the cops word over yours. They could say they smelled alcohol or drugs on you. Usually the cops don't just make arrests for the hell of it. But they have a lot of power, and there isn't that much you can do about it.

This depends on the colour of your skin (amongst other things).

Also, sometimes the cops are instructed to do precisely this (make arrests for the hell of it) - like at demonstrations. I mean, before the APEC summit in sydney for example, the state police announced they were going to make a lot of arrests :rolleyes:

[Killfacer]

I would say that you should never say anything to the police. Period. When they say that anything you say can and will be used against you (or whatever the particular wording is in the UK?) they mean it. Your best bet is to answer any question with "I am not going to answer any questions without the company of a lawyer," and even with a lawyer its often best to stay silent. If they want to prove anything, make them do the dirty work. Anything you say, no matter how seemingly innocous, could hurt you or others so its better to just stay quiet.

I was gonna saw wait for your laywer but i was tired and couldn't think of the word. :crying:

[Il Medico]

Well here was my advice in Chit chat (Never take my advice)

Eh, whatever. But the cops harass newspaper carriers all the time, so when they pull me over now I am sarcastic. I got pulled over one time and I had donuts, pure comedy. That's what you can do! Go buy a dozen donuts and then speed down the road, and when the cop pulls you over and walks up and says that stupid thing all cops say ("do you know why I pulled you over?") then you can say "You could smell them!" and hold up the box of donuts. If he asks you to get out of the car and frisk you, then when he finishes say "You missed a spot" and wink at him. You could also ask him out, if he says no cry and accuse him of homophobia, if he says yes, then accuse him of sexual harassment. When he puts you in the back and you are driving to the station, keep yelling at him like you are in a cab and he keeps missing the turns! That would be quite a fun morning.
Also, to add another, if you get pulled over at night and know your going to jail (stoned out of your mind or something) pull over. Undo your seat belt and slide over to the passenger's seat and put your seat belt on. It is quite funny how the cops react when they think there is no driver.
But seriously, if you get arrested, say nothing and ask for a lawyer, that's the bet option if your not well versed in you "rights".

[The Ungovernable Farce]

Do not answer any questions.

If the video doesn't work: http://video.google.com/videoplay?docid=-4097602514885833865
Oh, I thought that was going to be a link to this (http://www.youtube.com/watch?v=qn-9pp2cWUU). (FWIW, I'm pretty certain some of the information in that song is out of date, like they do now have the power to take your photograph without you being convicted.)

I would say that you should never say anything to the police. Period. When they say that anything you say can and will be used against you (or whatever the particular wording is in the UK?) they mean it. Your best bet is to answer any question with "I am not going to answer any questions without the company of a lawyer," and even with a lawyer its often best to stay silent. If they want to prove anything, make them do the dirty work.
I'd agree with this in general, but it does depend. If you're caught completely red-handed doing something (e.g., with drugs on you, or if you've locked yourself to a building, for instance), and you're 100% confident the police can prove it, it can be better to admit guilt and accept a caution than go through the hassle of a prosecution. But you only need to do this in an interview with your solicitor present, and after having had the chance to speak to your solicitor privately. You definitely shouldn't say anything before you've taken legal advice. If you're going to be in a situation where you know there's a good chance you'll be arrested, it's worth trying to get the number of a good sympathetic solicitor first, like the one Climate Camp uses.

[Pogue]

Well here was my advice in Chit chat (Never take my advice)

Also, to add another, if you get pulled over at night and know your going to jail (stoned out of your mind or something) pull over. Undo your seat belt and slide over to the passenger's seat and put your seat belt on. It is quite funny how the cops react when they think there is no driver.
But seriously, if you get arrested, say nothing and ask for a lawyer, that's the bet option if your not well versed in you "rights".

I think the more important thing here is that if you are driving when you are stoned out of your mind you are an irresponsible fucking idiot for risking other people's lives.

[Il Medico]

I think the more important thing here is that if you are driving when you are stoned out of your mind you are an irresponsible fucking idiot for risking other people's lives.
Never said you weren't. I was just giving an example what you would have definitely being going to jail for (you spend a night in jail for a DUI in the states).

[Pogue]

Never said you weren't. I was just giving an example what you would have definitely being going to jail for (you spend a night in jail for a DUI in the states).

I just thought you were trivalising a really serious offence and incredibly selfish and stupid thing to do, i.e. driving under the influence.

[brigadista]

http://www.yourrights.org.uk/yourrights/the-rights-of-suspects/index.html

police powers on arrest etc on here follow the links