A Defendant’s Guide to Brighton Police Custody Procedures

The Interview:

Having legal representation is vital for the interview process. The legal representative will obtain as much information about the evidence that the police have, and the alleged offence, as possible prior to the interview. You are entitled to have a confidential conference with your legal representative before having to answer any questions from the police. The legal representative will also be in the interview with you to ensure that the police questioning is conducted fairly and to provide any further confidential advice that you may require during the interview itself.

If you are under the age of 18 or are considered a vulnerable adult, you are also entitled to the assistance of an Appropriate Adult. This can be a family member (if they are in no way connected to the investigation) or someone from an organisation such as The Appropriate Adult Service (TAAS). An Appropriate Adult’s role is to ensure that you are being treated fairly, your rights are being upheld and to assist with communication. They are not there to answer questions for you or to replace the role of the solicitor, who is there to provide you with legal advice. The Appropriate Adult will not only assist with interview but will also assist upon release to ensure everything is understood upon leaving custody.

Furthermore, if English is not your first language, you will also be entitled to the assistance of an interpreter as it is vital that you are able to understand the questions you are being asked and are able to respond fully, if so advised, and if you decide to do so. An interpreter will also be able to assist with explaining any bail conditions or charges you may receive. This assistance may be provided via telephone or in person.

When Can I Leave the Police Station and What Happens When I Do?

The length of time someone can be detained depends on the circumstances and the offence being investigated. For most arrests under PACE, you can only be detained for up to 24 hours without charge. In certain circumstances involving indictable offences, detention can be extended, subject to the relevant legal requirements and authorisations – in rare circumstances, this can be up to 96 hours following an application to the Magistrates’ Court. This detention must be reviewed periodically, and the police must continually consider whether your detention remains necessary. A solicitor or legal representative can make representations on your behalf against any proposed extension.

Upon leaving the police station, your case may either be finalised (either by way of No Further Action or an Out of Court disposal such as a caution), you may be charged and taken to court, or you may be bailed whilst enquiries remain ongoing. If you are bailed, you may be subject to bail conditions. Again, a legal representative will be able to make representations on your behalf for any particularly onerous conditions which the police may seek to impose.

When Can I Get My Property Back?

Whilst in custody or as part of other searches/enquiries, the police may take your property. For property which has not been seized as potential evidence in the investigation, this should be returned to you upon your release from custody. However, if property is deemed to be relevant to the investigation, the police are entitled to seize and retain this property until the end of the investigation. This can mean that you will be without it for a number of months, or even years. If the police have taken your phone, it can sometimes be advisable to obtain an alternative handset and request a spare SIM from your phone provider.

I Have a Complaint About My Treatment by the Police – What Should I Do?

The primary role of a criminal defence solicitor or accredited police station representative is to ensure your rights are being upheld whilst you are detained and questioned, to provide advice as to how to navigate a police interview and assist with the imposition of any bail conditions or increased detention. If you believe you have been mistreated by the police, you can make a complaint via the police website or 101 or through the Independent Office of Police Conduct. There are specialist solicitors who deal with claims against the police. Unfortunately, Old Bailey Solicitors does not as the action that can be taken is civil in nature and civil law is not an area that we can assist with.

What should you do if you are arrested in Brighton?

If you are arrested and taken into police custody, you should ask for legal advice as soon as possible. You have the right to free independent legal advice while detained, and your solicitor can help you understand the allegation, the custody process and the evidence disclosed by the police. They can also give you invaluable advice about the options available to you and which option they would advise you to take based upon the strength of the disclosed evidence and your instructions.

At Old Bailey Solicitors, we have someone available 24 hours, 7 days a week to represent you at the police station, whether that be following an arrest or for a voluntary interview. If you know someone who has been taken to custody, believe you may be arrested in the near future or have been asked to attend a voluntary interview, contact Old Bailey Solicitors on 0207 8464 999, email [email protected] or fill out a Contact Form at https://www.oblaw.co.uk/contact/ for assistance.