Being Arrested
If the police have reasonable grounds to suspect that you are or may have been involved in a crime then you will be arrested.
As long as they have reasonable grounds then the police can arrest you whenever and wherever they want.
To enter your home or private property then police need either your permission or permission from a Court. They can however enter if they believe that they’re chasing someone who has committed a serious crime, they’re stopping serious damage to the property or that they have heard a cry for help.
If you are arrested then the police must:
- identify themselves as police
- tell you why they’re arresting you and what crime they think you’ve committed
- explain why they feel it necessary to arrest you
- explain that you’re not free to leave
If you try to escape or resist arrest then police can use “reasonable” force. You may also be handcuffed. You can be searched once you are arrested.
Following the arrest you will be taken to the police station and held in custody.
The Police Caution:
If you are arrested the Police will caution you. Basically this is a warning of what will happen if you decide not to answer. The police caution is:
“You do not have to say anything. However, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence”.
A common interpretation used to explain this is that:-
- You do not have to answer any questions if you do not want to. Most people will answer ‘no comment’ if they do not want to give an explanation.
- However, if you were asked a question by the police in your interview and you did not answer it but then you were asked the same question by a court and you did answer, OR if you gave an answer to the police but then later gave a different answer to the court, it may weaken your position and the court may be less likely to believe what you tell them. This is what is known as drawing an inference.