Have to attend a Police Station? Part 2

Have to attend a Police Station? Part 2

Have to Attend a Police Station? Part 2

If you have been asked to attend a police station, understanding police powers is crucial. Under section 17 of the Police and Criminal Evidence Act 1984, police can enter and search premises to execute an arrest warrant, arrest or recapture a person, save life and limb, or prevent serious damage to property.

Search Powers

Under section 8 of PACE, police can obtain a search warrant for evidence of indictable offences. Under section 26 of the Theft Act 1968, they can search for stolen property. Under section 23 of the Misuse of Drugs Act 1971, they can search for controlled drugs. These powers must be exercised lawfully and proportionately.

Stop and Search Powers

Under section 1 of PACE, police can stop and search any person, vehicle, or anything in or on a vehicle for stolen or prohibited articles. Under section 1(2)(a), this includes offensive weapons and articles with which a person is going equipped to steal or cause criminal damage.

Your Rights During Searches

If you are searched, the police must provide certain information under Code A, paragraph 3.8. This includes the officer's name and station, the object of the search, the grounds for the search, and your right to a copy of the search record. You have the right to have someone witness the search if practicable.

Seeking Legal Advice

If you are asked to attend a police station, you have the right to free legal advice under section 58 of PACE. An accredited duty solicitor can advise you on your rights, attend with you, and ensure police procedures are followed correctly.

What is a Duty Solicitor?

A duty solicitor is a qualified criminal solicitor who is accredited under the Law Society's Police Station Representatives Accreditation Scheme. They provide free legal advice and representation at police stations and magistrates' courts. Under section 58 of PACE, everyone has the right to consult with a solicitor when arrested or interviewed by police.

Qualifications and Training

To become an accredited police station representative, solicitors must complete rigorous training and pass examinations covering criminal law, police powers under PACE, evidence, and interview techniques. They must also complete a portfolio demonstrating practical experience. This ensures they have the expertise to provide proper legal advice.

When to Use a Duty Solicitor

You can request a duty solicitor when arrested and taken to a police station, when invited for a voluntary interview, or at magistrates' court if you do not have your own solicitor. The service is completely free under Legal Aid, regardless of your income or savings, as provided by Schedule 1, Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

The Role of a Duty Solicitor at the Police Station

A duty solicitor will: review your custody record, obtain disclosure from the investigating officer, advise you on your rights and the strength of the evidence, attend your interview and intervene if questioning becomes improper, make representations about bail or release, and ensure police procedures are followed correctly throughout.

Further Information

For more information about police station representation and your legal rights, visit our Duty Solicitor Services page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.

Frequently Asked Questions

References

• Police and Criminal Evidence Act 1984, section 58
• Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code C, paragraph 6.1
• Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1, Part 1
• Law Society Police Station Representatives Accreditation Scheme