Being nicked - your rights

[darmstadt]

Your current rights:

http://www.legislation.gov.uk/ukpga/1984/60/contents

But these will probably be changed shortly as jolly old Ken Clarke has tabled a motion announcing that the UK is opting out of an EU directive guaranteeing access to a lawyer upon arrest. In other words, if you are arrested today you are automatically entitled to free advice from a solicitor paid courtesy of the legal aid scheme. The new bill scraps the automatic right to a legally aided lawyer to advise suspects in the police station. If the proposals are introduced, suspects will face a means test before qualifying for public funds, while the bill allows for the extension of telephone, as opposed to face-to-face, advice. The bill was apparently removed from Parliaments website but can still be found here...

[MarillionFan]

Nice idea.

Credit check them before they go in.

Of course, the vast majority of crime is committed by people on benefits or low paying jobs so that just aint gonna work is it.

[DodgyAgent]

Your current rights:

http://www.legislation.gov.uk/ukpga/1984/60/contents

But these will probably be changed shortly as jolly old Ken Clarke has tabled a motion announcing that the UK is opting out of an EU directive guaranteeing access to a lawyer upon arrest. In other words, if you are arrested today you are automatically entitled to free advice from a solicitor paid courtesy of the legal aid scheme. The new bill scraps the automatic right to a legally aided lawyer to advise suspects in the police station. If the proposals are introduced, suspects will face a means test before qualifying for public funds, while the bill allows for the extension of telephone, as opposed to face-to-face, advice. The bill was apparently removed from Parliaments website but can still be found here...

Quite right

[TimberWolf]

Presumably best to say nothing except "I'm innocent" every now and then, then?

[NickFitz]

Presumably best to say nothing except "I'm innocent" every now and then, then?

Better still to say "No comment" to everything until your brief arrives.

[TimberWolf]

Better still to say "No comment" to everything until your brief arrives.

Thanks for the tip! Not sure why exactly, sounds a bit dodgy to me, but I'm assuming I will be innocent.

[mudskipper]

Fair enough if you get a refund when found innocent / not charged etc. I'd be very cross if I was arrested for something I hadn't done then had to fork out for a lawyer.

[TimberWolf]

Fair enough if you get a refund when found innocent / not charged etc. I'd be very cross if I was arrested for something I hadn't done then had to fork out for a lawyer.

It might work out cheaper to go to prison than hire a lawyer.

[darmstadt]

Better still to say "No comment" to everything until your brief arrives.

The trouble with that is:

- what if you can't afford a brief? This law will take (nearly) away your right to a brief
- and 'No Comment' is basically silence and the right to silence was effectively abolished in 1994 and a failure to tell the police relevant details that may not come up in court until months or years later can serve as evidence of guilt.

[TimberWolf]

The trouble with that is:

- what if you can't afford a brief? This law will take (nearly) away your right to a brief
- and 'No Comment' is basically silence and the right to silence was effectively abolished in 1994 and a failure to tell the police relevant details that may not come up in court until months or years later can serve as evidence of guilt.

To me "no comment" does sound a bit like a non-admission of guilt.

Edit: I might use it though if I am guilty!