Post by Derek Moore on Dec 31, 2014 22:36:29 GMT
If you are arrested by the police on a criminal matter, for RMT member’s criminal advice is provided on:
• 07659 118181 for England & Wales
• 0800 328 1014 for Scotland
Frequently asked questions include:
• Am I entitled to a duty solicitor
Whilst in a police station whether under arrest or voluntary, you are entitled at any time to the free services of a duty solicitor.
• What Rights do I have if I am arrested?
If you are arrested and taken to the police station you are entitled to the free services of a duty solicitor before you are interviewed. Being charged with an offence usually occurs after the interview and not before. You have the right to inform a relative or friend of your detention, but it is not your right to make this call yourself.
The police have the right to hold you at the police station for a period of up to 24 hours. After that time your detention must be authorised by a review officer of the rank of superintendent or above. After this authorisation you may be held for a further period of 12 hours. If the police wish to detain you after this time a Magistrates Court must issue a warrant of further detention. This will enable you to be further detained for periods not exceeding 36 hours up to a detention time of 96 hours (4days) from when you were first held at the police station.
• What rights do the police have to search my home, my person or my personal locker at work.
The police have the right to search your home and/or locker
1. With you permission
2. With a warrant and without your permission
3. Without a warrant and without your permission at work with the permission of the owner of the property or their agent; or at home if they genuinely believe that waiting for a warrant would prejudice their investigation (this has to be justified at a later stage).
If the police have a reason to suspect you of an offence they are entitled to search your person.
The civil police have the right to investigate all crime but the British Transport Police can only investigate crime on or in connection with railway property or railway affairs.
• Can I ask for the return of property taken by the police?
The police will only return property at the end of an investigation or trial if you are the genuine owner and the property is not subject to any other court proceedings.
If a member seeks union support where legal aid is not available, members can request assistance through their branch. The branch secretary must write to the general secretary requesting this support as it is discretionary and provided according to rule. Generally if your arrest is because of genuine union activity it would be considered to be supportive.
• 07659 118181 for England & Wales
• 0800 328 1014 for Scotland
Frequently asked questions include:
• Am I entitled to a duty solicitor
Whilst in a police station whether under arrest or voluntary, you are entitled at any time to the free services of a duty solicitor.
• What Rights do I have if I am arrested?
If you are arrested and taken to the police station you are entitled to the free services of a duty solicitor before you are interviewed. Being charged with an offence usually occurs after the interview and not before. You have the right to inform a relative or friend of your detention, but it is not your right to make this call yourself.
The police have the right to hold you at the police station for a period of up to 24 hours. After that time your detention must be authorised by a review officer of the rank of superintendent or above. After this authorisation you may be held for a further period of 12 hours. If the police wish to detain you after this time a Magistrates Court must issue a warrant of further detention. This will enable you to be further detained for periods not exceeding 36 hours up to a detention time of 96 hours (4days) from when you were first held at the police station.
• What rights do the police have to search my home, my person or my personal locker at work.
The police have the right to search your home and/or locker
1. With you permission
2. With a warrant and without your permission
3. Without a warrant and without your permission at work with the permission of the owner of the property or their agent; or at home if they genuinely believe that waiting for a warrant would prejudice their investigation (this has to be justified at a later stage).
If the police have a reason to suspect you of an offence they are entitled to search your person.
The civil police have the right to investigate all crime but the British Transport Police can only investigate crime on or in connection with railway property or railway affairs.
• Can I ask for the return of property taken by the police?
The police will only return property at the end of an investigation or trial if you are the genuine owner and the property is not subject to any other court proceedings.
If a member seeks union support where legal aid is not available, members can request assistance through their branch. The branch secretary must write to the general secretary requesting this support as it is discretionary and provided according to rule. Generally if your arrest is because of genuine union activity it would be considered to be supportive.
