2025 Guide

Your Rights in a Kent Police Station

Complete guide to your legal rights when detained at any Kent custody suite

If you're detained at a Kent police station, you have fundamental rights protected by the Police and Criminal Evidence Act 1984 (PACE). Understanding these rights is crucial – and exercising them properly can significantly affect the outcome of your case.

Your Fundamental Rights at Kent Police Stations

1. The Right to Free Legal Advice (Section 58 PACE)

This is your most important statutory right. Under Section 58 of the Police and Criminal Evidence Act 1984, you have the entitlement to consult a solicitor privately at any time.

  • It's completely free – funded by Legal Aid, not means-tested.
  • It's independent – your solicitor works for you, not the police.
  • It's confidential – consultations are private and legally privileged.
  • It's available 24/7 – day or night, including weekends and bank holidays.

Never waive this right. Police may suggest it will "speed things up" or that you don't need a solicitor for "minor matters." This is almost never true. What seems minor can have serious consequences.

2. The Right to Have Someone Informed (Section 56 PACE)

Under Section 56 of PACE, you are entitled to have one person (friend, relative, or other person known to you) informed of your arrest and where you are being held. This should be done as soon as practicable.

For those under 18 or vulnerable adults, the police have a duty to contact an "appropriate adult" (parent, guardian, or social worker) immediately[1].

3. The Right to Consult the PACE Codes

The PACE Codes of Practice (Codes C and H) set out the rules police must follow. You have a right to read these codes while in custody. They cover your treatment, cell conditions, and interview procedures.

4. The Right to Medical Attention (PACE Code C, Para 9)

If you are unwell, injured, or need medication, you must receive appropriate clinical care. The Custody Officer must call a Healthcare Professional (HCP) if you appear to need medical attention or request it.

5. The Right to Know Grounds for Detention (Section 37 PACE)

The Custody Officer must authorise your detention only if necessary to secure or preserve evidence. They must explain exactly what offence you are suspected of and why you are being held.

Detention Time Limits in Kent

The same time limits apply at all Kent police stations:

  • 24 hours – Initial maximum detention without charge
  • 36 hours – Extension possible with Superintendent authorisation (serious offences)
  • 96 hours – Maximum with magistrates' court approval (very serious offences)

The Caution and Your Right to Silence

Before interview, you'll be cautioned: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

This caution is complex. You have the right to silence, but courts can sometimes draw "adverse inferences" from silence. This is why legal advice before interview is essential – your solicitor will advise on the best approach.

Vulnerable Persons and Young People

If you're under 18 or have mental health conditions, learning difficulties, or other vulnerabilities, additional protections apply. You must have an "appropriate adult" present during interview – this is a legal requirement, not optional.

Legal Authorities & References

[1] Police and Criminal Evidence Act 1984 (PACE): Primary legislation governing police powers.

[2] PACE Code C (2023): Code of Practice for the detention, treatment and questioning of persons by police officers.

[3] Section 58 PACE: Statutory right to legal advice.

[4] Section 56 PACE: Statutory right to have someone informed of your arrest.

Frequently Asked Questions

Are my rights the same at all Kent police stations?

Yes. Your rights under PACE 1984 apply equally at every Kent custody suite - Medway, Maidstone, Gravesend, Canterbury, and all others.

Can police delay my right to a solicitor?

Only in exceptional circumstances for serious arrestable offences, and only with Superintendent authorisation. This is extremely rare.

Do I have to answer police questions?

No. You have the right to remain silent. However, courts can draw inferences from silence in certain circumstances - which is why legal advice is essential.

Can I choose which solicitor attends?

Yes. You can request your 'own solicitor' by name or firm. If they're unavailable, you can wait for them or accept the duty solicitor.

Is legal advice at Kent police stations really free?

Yes. Police station legal advice is always free, regardless of your income. It's funded by Legal Aid and is not means-tested.

Need Legal Advice at a Kent Police Station?

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