What to do if you are arrested?
Advice: Cooperate, give police your name and contact details and DO NOT SAY ANYTHING about the incident alleged against you. You have a right to silence at every stage (few exceptions e.g. Traffic where you have to provide limited information). Generally in other matters you only need to provide your name and details – seek legal advice.
If police arrest you:
*Police must tell you that you are under arrest
*Police must tell you why you are being arrested
*Police have to tell you his/her name and place of duty
*Police can use reasonable force to arrest you so do not resist or argue
*Police can search you when they arrest you and again at the police station
*At every stage of the process you have a right to silence
*You must be given a document setting out your rights
*If police want to question you to take part in an investigation you have a right to speak to a lawyer. Police can not arrest you for questioning only.
*Do not take part in in an interview to answer questions without legal advice.
*Police may take photographs, fingerprints and palm prints for identification.
*If police charges you they can decide whether to release you on bail or keep you in custody.
*If you are kept in custody Police are required to take you to court to make a release (bail) application as soon as practicable.
Circumstances where you have to answer questions
You have to provide name and address (show licence) if you are driving or accompanying a learner driver
If you are involved in, own or are responsible for the car which is involved in a traffic accident
If you car is suspected of being used in a serious offence you are required to provide any known details of driver and passenger(s).