Arrest
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What you will find on this page.
What do I need to know if I’m arrested?
How will my arrest affect my children?
Should I hand myself in to the police?
What happens when I get arrested?
Will I get legal advice when I’m arrested?
Will I be put in handcuffs when I’m arrested?
What do I need to know if I’m arrested
f you’ve never been arrested, it’s normal to feel scared, nervous and anxious about what might happen. The idea of entering a police station, a cell, or even being interviewed by police can feel frightening.
First thing to be aware of: If you know or believe the police are looking to speak to you or arrest you, it`s only a matter of time before they do; the sooner you are able to face up to it and prepare for this, the better.
Here some tips:
● Get legal advice - call a legal representative and explain what you know. It could turnout that all your fears can be answered. If it`s not what you wanted to hear, you will at least know what to do next or have someone able to contact the police and advocate for you.
● Speak to a loved one or friend, or even someone who has experienced the process - another perspective can be reassuring and give you the confidence to face what is ahead
● Call the police station - ask for the officer dealing with the arrest and arrange a time to attend and be interviewed.
● Visit the police station - If you know who is dealing with the incident ask for the officer but be mindful, the police work in shifts, and the officers dealing with your case might not be on duty at that time ; the last thing you want is to be arrested and have to wait hours for the officer to be available.
If you delay your arrest, or try to avoid the inevitable, it is more likely the police will use tactics such as:
● Early morning or late night searches of your home
● Use of the “Enforcer” to gain entrance (basically, your door being forced open)
● Damage to your property to gain access and search
● Visits to known associates’ or family members’ homes, and potential damage caused when
accessing the property
● Social media campaigns alerting the public that you are wanted for questioning relating to an offence (and they always seem to find the worst mugshot of you!)
● Possible use of a taser to apprehend, or restraints.
You should be aware that it could also lead to:
● Increased suspicion of guilt
● Possible further charges
● Increased likelihood of being placed on remand.
How will my arrest affect my children?
If you have children at home, you should consider how your arrest could affect them. They may be awoken by police and see their rooms and home being searched; they may become separated from you whilst you`re being detained and in doing so experience severe emotional distress or they could witness you being arrested and taken away. Whether your arrest is done compliently or you resist, this can be very difficult and traumatic for a child to watch, with the potential to cause lasting harm. To further reiterate the importance of this and how it impacts children please follow the below links for more information.
How Witnessing a Parent’s Arrest Affects a Child
Forgotten and overlooked- children during their parent arrest …
Arrest of a Family Member Negatively Affects Child Mental Health
Should I hand myself in to the police?
If you are considering handing yourself in, here are some things to think about:
● What`s the possible arrest about? You should try to remember as much you can
● What makes it so serious that the police are now involved?
● Is there anyone else with information? Can you get more of the background story from them?
● If you have or care for children, is there someone who can look after them while you`re at the station?
● You should take some belongings with you, such as spare clothes and money; this won’t make you ‘look guilty’ but you just don’t know what the outcome will be and it’s best to be as
prepared as you can be.
Remember: Prolonging arrest or evading capture can damage your chances of being released on bail when arrested, and increase the likelihood of having to serve time on remand. The extended police search at your home, and the homes of friends and family when you evade capture has the potential to damage your relationships, and may make those affected less likely to support you at the very time you may need it the most.
What happens when I get arrested?
If you are arrested in the community or at home, once detained you will be placed in a police vehicle and transported to the station that is dealing with your arrest.
When arrested, the police must read you the police caution:
“You do not have to say anything. But, it may harm your defence, but if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
You have the right to be treated fairly and with respect by the police. At this point you may feel confused or anxious. This is natural. Try not to panic, flee or resist. Arrests for the first time are a shock to the system. However, they will gradually subside over time.
Will I get legal advice when I’m arrested?
You have the right to free legal advice when being questioned by the police. The arresting officer will explain this right, and once you’ve asked for legal advice the police cannot question you until you’ve got it - with some exceptions in serious cases.
Will I be put in handcuffs when I’m arrested?
The police may have to place you in handcuffs; this is usually done if you are suspected of violence or have made it difficult to apprehend. The officer must have objective grounds for believing that the use of handcuffs is necessary.
Remember: You may want to protest your innocence immediately, but you must remember that everything you say is used as evidence, and can be used against you later. If you are new to this, request legal advice and support from a professional i.e solicitor who can guide you through the process.
How long will I be held in custody?
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg Armed robbery, murder. You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act.
Remember: we are always here to help, do contact us if you have any queries or existing fears of the arrest process.
