Throughout this article we’re going to keep referring to the official UK Government website and add a few insights and explanations of our own. Our contribution will be the part in italics.
Even if you’re reading this outside the UK, it’s still going to be worth reading. There’s plenty here that can apply if you ever get arrested, within your own legal jurisdiction.
Third Millennium Man does NOT condone law-breaking in any way.
What happens when you are arrested.
The first aspect we’re going to examine is what the UK police can and can’t do. The police do have certain powers, and it’s as well to know what these are.
Police powers of arrest: your rights
To arrest you the police need reasonable grounds to suspect you’re involved in a crime for which your arrest is necessary.
The police have powers to arrest you anywhere and at any time, including on the street, at home or at work.
The police arrest procedure
If you’re arrested the police must:
- identify themselves as the police
- tell you that you’re being arrested
- tell you what crime they think you’ve committed
- explain why it’s necessary to arrest you
- explain to you that you’re not free to leave
If you’re under 17 the police should only arrest you at school if it’s unavoidable, and they must inform your headteacher.
The police must also contact your parents, guardian or carer as soon as possible after your arrival at the police station.
Police powers to use reasonable force
If you try to escape or become violent, the police can use ‘reasonable force’, eg holding you down so you can’t run off.
You can also be handcuffed.
The police have powers to search you when you’re arrested.
Okay, time to stop and think about this. When the police tell you what is going on, and that you are being arrested, they will ask you if you have anything to say. This is when you tell the officer that you DO have something to say, and that you would like him to write it down.
First, you confirm your name and address. You say it clearly, slowly enough for the officer to write down, and spell out for him any awkward words. You then say the following; “I am NOT resisting arrest. I do, however, intend to sue for WRONGFUL ARREST, after I have been released.”
Why would you do this? Because the police are adverse to legal action as much as anybody else. You have stated your intention to sue them for Wrongful Arrest (a statement they will take very seriously); you have also made it clear who you actually are, effectively cancelling out their “mistaken identity” get-out excuse. And by stating clearly and calmly that you are not resisting arrest, you remove the threat of any rough-handed treatment.