The Importance of Silence When Arrested: Protect Your Rights
Being arrested is very daunting and there is an understandable kneejerk reaction when faced with authority to say something… anything. However, sometimes silence is protection.
Prior to and upon arrest when the police caution is recited, notes are made by the arresting officers of what is said by the person now in their custody. Notes are made and body worn cameras are used to capture everything. Therefore, the person’s actions and words become evidence within the investigation and, if later charged with an offence, the court case. This is why police will request signatures of the arrested person to confirm they said what has been noted by the officer because it adds further weight to evidence and, if signed, becomes difficult to argue otherwise.
For this reason, it is imperative upon arrest a person considers their position carefully as to whether at that moment during their initial arrest it will be beneficial to say anything to those arresting officers or if it would be best to wait until they are able to discuss their case in private consultation with their legal representative. Although a stressful and difficult situation, once things are said, they cannot be taken back and therefore, it is advised to be cautious and wait until a legal representative is present.
Be aware that even following arrest the police do not stop recording a person’s movements or responses. CCTV, which records both sound and footage, is located in police vehicles and the police station custody suite. Everything said and done following arrest can also be used as evidence. In the police station custody suites this extends to telephone calls between the detained person and their partner, friends or family being recorded. Even within the police custody cells where a person is kept during their detention CCTV records what is said and done. All of this comes before the formal interview under caution, when the police actually question you.
Therefore, it is important to remember to think prior to saying or doing anything. Even the most innocent things in the world can be misinterpreted. Always ensure your position is protected.
If you wish to speak to one our legal experts about this issue please call us on 0330 822 3451 or request a callback. Even if you have made a remark or remarks you regret, there are legal arguments that we can deploy on your behalf which, in some circumstances, will persuade a Judge to exclude those remarks from any subsequent criminal trial. You will need to get expert advice on this from one of lawyers to know if it applies in your case.
