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Treatment of suspects on arrest
Information to be given on Arrest
An arrest is unlawful unless you are told that you are under arrest and the grounds for the arrest at the time. Such an unlawful arrest will become lawful when the police tell you the reason for the arrest. This information must be given at the time of the arrest or as soon as possible afterwards. The information need not be given if it was not reasonably practicable to do so because, for example, you escaped from arrest before it could be given. You must also be cautioned if you attend voluntarily at a police station, or any other place with a constable without having been arrested, that you are entitled to leave at will unless placed under arrest.
Arrest other than at a Police Station
After arrest, a constable must take you to a police station as soon as is practicable - subject to certain exceptions and the power to release you en route. A constable may, however, delay taking you to a police station if your presence elsewhere is necessary in order to carry out such investigations as it is reasonable to carry out immediately, such as a search of premises. If there are no grounds for keeping you under arrest the police should release you either with or without bail. If you are released in these circumstances the only condition of bail can be that you are required to attend at a police station. Once you have been released on bail there is nothing preventing you being re-arrested if new evidence justifying a further arrest comes to light after your arrest.
Use of Force
Under PACE the police are allowed to use reasonable force when exercising their powers. Use of excessive force that causes injury or death to a person detained in police custody may certainly raise issues under Article 2 (right to life) or Article 3 (right not to be subjected to inhuman to degrading treatment). In particular, an obligation arises to conduct an investigation and provide an explanation as to how the injury or death occurred.
Search of a Person on Arrest - other than at a Police Station
A police officer may search you (including your mouth) where there are reasonable grounds for believing that:
An arrest is unlawful unless you are told that you are under arrest and the grounds for the arrest at the time. Such an unlawful arrest will become lawful when the police tell you the reason for the arrest. This information must be given at the time of the arrest or as soon as possible afterwards. The information need not be given if it was not reasonably practicable to do so because, for example, you escaped from arrest before it could be given. You must also be cautioned if you attend voluntarily at a police station, or any other place with a constable without having been arrested, that you are entitled to leave at will unless placed under arrest.
Arrest other than at a Police Station
After arrest, a constable must take you to a police station as soon as is practicable - subject to certain exceptions and the power to release you en route. A constable may, however, delay taking you to a police station if your presence elsewhere is necessary in order to carry out such investigations as it is reasonable to carry out immediately, such as a search of premises. If there are no grounds for keeping you under arrest the police should release you either with or without bail. If you are released in these circumstances the only condition of bail can be that you are required to attend at a police station. Once you have been released on bail there is nothing preventing you being re-arrested if new evidence justifying a further arrest comes to light after your arrest.
Use of Force
Under PACE the police are allowed to use reasonable force when exercising their powers. Use of excessive force that causes injury or death to a person detained in police custody may certainly raise issues under Article 2 (right to life) or Article 3 (right not to be subjected to inhuman to degrading treatment). In particular, an obligation arises to conduct an investigation and provide an explanation as to how the injury or death occurred.
Search of a Person on Arrest - other than at a Police Station
A police officer may search you (including your mouth) where there are reasonable grounds for believing that:
- You may present a danger to yourself or to somebody else.
- You may have concealed on you anything which might be used to assist an escape from lawful custody or which might be evidence relating to any offence.
