Frequently Asked QuestionsDisclaimer: The circumstances for every arrest is unique and the information below is for general advice only. If you need Legal Advice please contact a Solicitor.
Q: What is P.A.C.E.? A: The Police and Criminal Evidence Act Q: Who's who in the Police Station? Custody Sergeant - The Person in overall charge of the custody area but not involved in the investigation itself Matron - A female civilian called in to oversee female and juvenile detained persons Gaoler - A police officer who looks after all the male detained persons FME - A Doctor who visits the custody suite Addaction and Arrest Referral - Gives confidential advice to people who have drug or substance issues. Mental Health Liaison and Assessment Team - Mental Health service to people 17 years and over who come into contact with police and courts.
Q: If I’m arrested and have a mental health or learning disability what will happen to me when I arrive at a police station? A: A custody sergeant has overall responsibility for you whilst you are detained. S/he will ask you some questions about you health during the booking in process and you must inform them that you have a mental health issue or a learning disability. The custody sergeant should ask for an Appropriate Adult to assist you with your rights and entitlements, assist communication, and ensure that appropriate welfare is being given.
Q: I don’t know any solicitors A: If you are unsure whether you need a solicitor or are confused the Appropriate Adult will assist you on their arrival
Q: What are my rights at the police station? A: You have 3 main rights.
When your Appropriate Adult arrives your three rights will be given to you again with your Appropriate Adult present. S/he will explain more fully if required. In addition to these rights which are ongoing throughout your stay in custody, you have addition rights, for example you should receive regular meals and rest periods. Please ask your Appropriate Adult to explain your rights more fully.
Q: Surely solicitors cost money? A: Not in the police station the service is free
Q: What will happen to me after I’ve been booked in? A: The police officers may have further enquiries to make and this may take some time. When the officers are ready an Appropriate Adult will take you through all the procedures at a speed you are comfortable with. They will take you through each stage and explain each process. They shall also be present when you are interviewed to ensure correct procedure and fairness.
Q: Why do I need an appropriate adult? A: If you have informed the custody sergeant or officers that you have a mental illness or learning disability then the custody sergeant must call for an Appropriate Adult as defined in the Codes of practice of PACE. It may be that you have seen the doctor or mental health court diversion team whilst you have been in custody and they have recommended an Appropriate Adult to assist you though your stay in custody.
Q: Are Appropriate Adults employed by the police? A: No. This could be a parent, Guardian or an independent trained Appropriate Adult. Derbyshire Appropriate Adults are not employees or agent of the police, we are part of a registered charity that provides an independent service to vulnerable people. Equally they are not a solicitor so cannot give any legal advice.
Q: Can my solicitor act as an Appropriate Adult? A: No PACE states that your legal advisor cannot act as an Appropriate Adult. Occasionally a solicitor will ask the Custody sergeant if an Appropriate Adult could be called.
Q: Do I need to discuss with the Appropriate Adult why I have been arrested? A: Definitely not. Appropriate Adults do not have what is called “Legal Privilege” therefore if you need to discuss any legal matters you must ask for a solicitor.
Q: What is a Caution? A: Basically, it means: It is your right to say absolutely nothing if you want, but if you choose to say nothing in your interview and it goes to court, and then you give your account in court, they may wonder why. Also if you do give an account in your interview, this may be used in court, so if you change your account in court, they may wonder why, and draw their own conclusions why.
Q: What happens if I get ill during my time in custody? A: Ask immediately to see a doctor, this is free but if you want your own GP you will have to pay the full cost. If your Appropriate Adult is present s/he will ask for you.
Q: What happens to me when my interview has been completed? A: Once you have been interviewed, the officers will go to the custody sergeant and s/he will make a decision on what is to happen next. There are many options depending on the type of offence that as been alleged. Outcome could be :- No further action - You are free to go Cautioned: basically a telling off. Bailed for further enquiries: You will be asked to return at a later date, if you fail to return on the given date and time you will be arrested for this offence Charged and bailed to court: You will asked to turn up at court on a given date and time. You or your solicitor will be given a copy of your taped interview. If you fail to attend you will be arrested for a further offence. Charged and detained to the next available court.
There are some schemes that the police use particularly Addaction the drugs awareness program. Sometimes a deferred caution is given on the understanding you attend one of their clinics. If you fail to attend at a given time and date then you will be required to attend bail at the police station or you could be further arrested.
Other than if there is no further action or you are bailed to attend at a later date you will be required to give your fingerprints, have a photograph taken and give a DNA sample. If you are DNA confirmed you will not be asked to take one again. You could also be asked for a shoe print. Your Appropriate Adult will be with you to explain each procedure as it arises. Finally you will be asked personal information on a descriptive form (218) this is filled in by an officer. If you are being released you will be given back your personal belongings unless they have been taken for forensics. Q: How do I get home? A: Derbyshire police are very helpful but we do not take it for granted that everyone is taken home. The Appropriate Adult will ask the custody sergeant for transport if there are reasonable circumstances. Vulnerability, time of night, state of health, distance, access to money for taxi or public transport, lack of appropriate clothes or footwear due to seizure of those items and can family or friends assist. Appropriate Adults cannot in any circumstances give a lift to anyone.
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