If someone has been arrested do the police have to tell that person when being arrested what they are charged with.
2006-12-12 08:56:07 · 44 answers · asked by melissa alexander00 1 in Politics & Government ➔ Law Enforcement & Police
1 ARRESTED?
Being arrested can lead to bail, court, a fine, a criminal record, prison and difficulty in getting a job. Being arrested by the Police means that you are a "suspect" of a crime and will be taken into the hands of the law. You lose
freedoms, but still have rights.
The Police must tell you what you’re being arrested for. If you’re not being arrested, you are under no obligation to go with them or answer any of their questions.
If you’re arrested, you don’t need to say anything at this stage. You have the right of silence. Any conversation or comment has to be recorded by the officer in their notebook, and may be used in evidence against you. If you’re arrested with a warrant, the Police should take you to court or release you on bail as soon as possible. If you’re charged you’re usually released within 24-hours,
although this is not necessary by law.
2006-12-12 09:14:20 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There are some very silly and unhelpful answers here, and one or two sensible ones. I did my training as a police officer in England, so I can only answer for England and Wales.
If a person is arrested they must be told that they are under arrest and why they are under arrest, unless it is impractical to do so, for example the person being arrested is too drunk to understand what is being said to them. In such a case the person must be told as soon as it is possible. Normally a person being arrested will be cautioned at the time and then anything they say after that caution, including any admissions, can be tendered in evidence in later proceedings. If after arrest a suspicion is formed that the arrested person has commited other offences, they must be told that they are also under arrest for those matters.
Don't forget that you can be arrested for any indictable offence, and not just by police officers, and the person making the arrest may use reasonable force to make sure the arrest is successful.
Arrest is totally different from being charged. In all but very minor cases nowadays the Crown Prosecution Service must look at the evidence before it will aprove a person being charged with an offence, and this is why more people are released on police bail nowadays than used to be the case, in order to allow time for a charging decision to be made.
Once a person has been charged, then a court appearance date will be set for the case to have its first hearing.
2006-12-12 09:14:54 · answer #2 · answered by MarkEverest 5 · 2⤊ 0⤋
Being arrested and being charged are different matters,
When you are arrested the Police & Criminal Evidence Act states that a person MUST be informed that they are under arrest and the offence they have been arrested for, unless it is not practicable to do so (fighting, drunk or not understanding english) then they must be told as soon as possible.
When you are charged with an offence this is where the investigation is complete and you are cautioned in the police station and the charge is read out to you formally, this does not have to be the offence that you were arrested for, but this is the offence that you will be prosecuted for in court.
2006-12-13 17:16:12 · answer #3 · answered by rick_wenham 2 · 0⤊ 0⤋
The police have to tell you why you are being arrested. A charge is different to an arrest though. You could be arrested for one thing, but on investigating the offence they find that you actually will be charged with something else. eg, you could be arrested for Theft, but charged with Handling stolen goods! It's the CPS who give the authority to charge, so regardless of what the police arrest you for, they will authorise a charge which best fits the evidence.
It is quite normal to be charged for something which you weren't initially arrested.
The arrest is made in order to allow you to give your explanation in a taped interview and also for the police to investigate. What transpires out of that dictates what charge if any is brought against you.
2006-12-13 05:39:20 · answer #4 · answered by THE BULB 3 · 0⤊ 0⤋
All arrests in England are now governed by the PACE regulations (Police and Criminal Evidence Act). As soon as you are arrested, the police have a certain amount of time to interview you, and then either release or charge you. If they require further time, they can apply to a magistrate who will decide if your detention can be continued, based on the current circumstances. I believe the police can hold you for 48 hours before applying to a magistrate for further detention time under the PACE regulation, or having to charge or release you.
2006-12-12 09:14:43 · answer #5 · answered by Phish 5 · 1⤊ 0⤋
Everyone who is arrested is not necessarily charged. You can be arrested and released with no charges (or charged at a later date).
The officer is supposed to (at least in Canada anyway) tell you what you are being arrested for.
2006-12-12 10:12:49 · answer #6 · answered by joeanonymous 6 · 1⤊ 0⤋
No they have to tell them what they are being arrested for but not what they are being charged with as charges do not always follow arrest. Somebody could be released without charge
2006-12-12 09:06:09 · answer #7 · answered by Bobby B 4 · 1⤊ 0⤋
Just because you are arrested it doesn't mean you are going to be charged but they should tell you why you are being arrested. They will say *it's on suspicion of* If they think they have you banged they usually bail you to appear at the station at a later date. Of course this does not apply in serious cases where you will be remanded in custody.
2006-12-12 09:00:51 · answer #8 · answered by tucksie 6 · 2⤊ 0⤋
Arrested and charged are two different things.When arrested you are informed of the reason for the arrest.The person is only then charged after the investigation is complete.
2006-12-13 02:58:23 · answer #9 · answered by Anonymous · 1⤊ 0⤋
In both UK and US it is normal practise to inform an arrested person of the charge and also to tell them their rights in respect of being arrested.
A person's rights in UK depend upon laws set by Parliament as well as rights set by the European Parliament.
Not sure exactly what these are.
In US, citizens have rights under the Constitution as well as The Bill of Rights.
Any infringement of a person's rights, could result in a person not coming to court.
If you are arrested - do NOT make any statement without the presence of your lawyer. If a statement is forced from you, this is duress and an infringement of your rights.
2006-12-12 19:24:43 · answer #10 · answered by Anonymous · 0⤊ 1⤋