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BUST CARD For information and help in dealing with the Police, the courts or drug problems, contact:

Release

Advice Line

020 7729 9904

10-6 Monday to Friday

YOU HAVE THE RIGHT TO BE TREATED FAIRLY AND WITH RESPECT BY THE POLICE.

You do not have to say anything to the police. BUT if you are later charged with a crime and you have not mentioned, when questioned, something that you later rely on in court, then this may be taken into account when deciding if you are guilty.

There may be good reasons why you do not wish to say anything to the police, and you should not be intimidated into answering questions. Get a solicitor down to see you in the police station as soon as possible. REMEMBER:

There may be times when if you give an innocent explanation for what you have done, the police may leave you alone.

WHEN THE POLICE GET IT WRONG

If you want to challenge anything the police have done then get the names and addresses of any witnesses, make a written record as soon as possible after the event. It should be witnessed, dated and signed. If you are injured, or property is damaged, then take photographs or video recordings as soon as possible and have physical injuries medically examined.

If you have been treated unfairly then complain to a civil liberties group such as Release or contact a solicitor about possible legal action.

ON THE STREET

If you are stopped by the police:

There are other situations where you can be stopped and searched, for example:

REMEMBER:

You run the risk of both physical injury and serious criminal charges if you physically resist a search. If it is an unlawful search you should take action afterwards by using the law. IN A POLICE STATION

You always have the right:

Do not panic. You cannot be locked up indefinitely. The police sometimes keep you isolated and waiting in the cell to ‘soften you up’. Above all else, try to keep calm. The police can only keep you for a certain period of time – normally a maximum of 24 hours (36 hours for a serious arrestable offence).

• Make sure the correct time for your arrest is on the custody record.
• Make sure you know why you have been arrested.
• Insist on seeing a solicitor (you might have to wait, but it’s always free). Ask them to be present when you are interviewed. Do not be put off seeing a solicitor by the police. It is your right, and it’s free.
• If you ask for anything and it is refused make sure this is written down on the custody record.

SEARCH OF YOUR HOME

• A warrant can obtained from magistrates by the police to search premises for evidence of certain crimes.
• The police can enter premises WITHOUT a search warrant in many situations, including:

  • following an arrest, the police are allowed to search premises the detained person occupies or has control over.
  • To capture an escaped prisoner
  • to arrest someone for an arrestable offence or certain public order offences.
  • To protect life or to stop serious damage to property.
  • other laws give police specific powers to enter premises.

REMEMBER:

You are entitled to see a copy of any search warrant.

Police can use reasonable force to gain entry.

Police should give you information about their powers to search premises.

A record of the search must be kept by the police.

You or a friend should be allowed to be present during the search but this right can be refused if it is thought it might hinder investigations.

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