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This is where you will spend most of your time while in custody. It is generally a small, very bare room painted a horrible vomit-yellow, containing a bench and pathetic mattress. Some have toilets.
Each cell has a buzzer used for calling the custody sergeant, or who ever has been given the duty of looking after the needs of prisoners. They may not immediately answer, but give it five minutes before trying again. Repeated pressing will only lead them to ignore you, even though they are not supposed to.
The door has a spyhole (not necessarily covered up) and a larger gap for passing stuff through. They may check up on you every hour, so don't get your hopes up every time you hear noises outside.
The only people you normally see are the police and your solicitor. It is possible that the custody sergeant may allow some one else to come and visit you, but this is very rare.
There is a requirement to feed you at mealtimes (one main meal and two light meals). However, if you have dietary requirements it is best to state them early on, and also let your solicitor know about them. This can be a hassle, and it may be worth requesting the actual boxes the food came in to check the police are not lying. Some police stations used to dealing with animal rights activists automatically stock vegan food now. Beans on dry toast is usually the best to go for. You can request drinks at any time, but note in many stations the tea & coffee comes pre-prepared cups with milk powder in so check first.
The worse part is boredom and not knowing what is happening. Plus, there
is the disorientation as they usually take your watch. Nowadays people are
normally put in single cells. This is part of the technique for softening
you up for interviews. Thinking in these terms will help see you through.
There are a number of things you can do to keep yourself occupied and stop
you from getting demoralised. Think of it as a space to catch up on stuff,
never as them having won:
a) As mentioned above, request both PACE and writing materials, as is your
right.
b) Try and get some sleep: police stations will have blankets, and reading
PACE is particularly good at inducing sleep.
c) Dance, exercise or do Tai'Chi. Again these will help you sleep, and it
is a good chance to catch up on that practice you have been meaning to do
for ages.
There is no harm going over the events leading up to your arrest, especially to get them clear in your mind, sort out what you did wrong, and mentally plan a statement. However, don»t dwell on it too long or it will drive you up the walls. Pacing is a technique people use to kill time but watch out for it getting too repetitive and leading to a feeling of hopelessness. Thinking about time is a very bad move.
Another tip is to not pay any attention to any noises you hear going on outside the cells, such as footsteps and jangling keys. These will lead to false hopes. The majority of them are not going to be for you; the only time to start paying attention is when you hear the locks of the door moving. As they have to keep checking on you, some of the noises will simply be them looking through the spyhole at you.
Six hours is the general length of time for your stay, as, if you are not charged, extra hours tend to be expensive for the police for when you sue for wrongful arrest. However, don't expect to be let out after six hours. They can keep you for longer if they need to, even overnight (see below). This is another reason for not bothering to watch time go by. Your solicitor will be able to tell you why they are keeping you in after a review. Often it is simply that there have been too many arrests for them to deal with, or they haven't finished preparing for the interview, so extra time is required.
After your first six hours your stay in custody has to be reviewed. After this, the review will happen every nine hours. Before charging the review has to be by an officer of at least the rank of inspector who is not directly involved in the investigation. After charging it is the custody officer.
The last thing is, in the case of sharing cells with other prisoners, to be careful what you say. It is not unknown for them to inform on you to the police, or even to be police themselves. It is good to have company, but take care. Likewise, assume that the police cell is bugged. If your companion is persistent tell them that you are too paranoid to answer certain questions or discuss what you»ve been arrested for (other than what you've been accused of being doing) in the cell.
Request one straight away, the moment you have been processed. This is one of your most important rights and should always be exercised. Even if you are experienced in the ways of police custody, it always helps to have someone acting on your behalf while you are locked up. You can only be refused a solicitor if you have been arrested for a "serious arrestable offence".
Unless you are very confident about handling yourself do not use a duty solicitor. They will not do their best for you, and you cannot trust them not to let information slip to the police on purpose or inadvertently. In towns the police and duty solicitors all know each other, and you never know an unknown solicitor's own opinions; an example is when some arrested sabs took the duty solicitor who turned out to be a hunt supporter. Many duty solicitors are ex-coppers! There are a number of solicitors who will represent people arrested for animal rights and other political protests; use them. Preferrably sort out details before you do the demonstration or action. At least have a name of a legal firm and the town where they are based; the police will be able to contact them from these details.
If your chosen solicitor is unable to come directly, you will be given the chance to talk to them on the phone first, and they will arrange for another solicitor to come instead, who will still be better than the duty solicitor. What you need is someone who is willing to fight on your behalf to get the best possible deal and give you the best advice as opposed to someone who is bored and sees their duty as just guiding your through the process with minimal effort.
Remember not to say anything incriminating to your solicitor while in the police station. Assume every room and phone is bugged. If an inexperienced solicitor starts asking you questions, whether to get your version of events or ones that would cause you to give away certain personal details, simply say that you don't want to talk about it now and state that you don't trust the police not to be listening in. Most animal rights solicitors will not put you in this position. If your solicitor is persistent, then that is all the more reason for not answering.
Finally, asking your solicitor to ring someone on your behalf obliges them to tell the police that they are doing so, including who and why. There is little way around this. If the police are listening in they can end up causing your solicitor trouble over this, even though they are not supposed to know.
See the guide to handling interviews. The main point to make is: do a no comment/silent interview regardless of what shit they throw at you. Make sure you have a solicitor present and let them know before hand that you do not intend to answer their questions.
In animal rights and environmental protests, it is expected that no-one talks. Interviews have one purpose: gathering information to convict you and your companions. If your talk, no matter how innocent it may seem at the time, leads to the conviction of someone else then you will be considered a grass, the fact published and can expect yourself to be ostracized.
The only exceptions to no comments are:
a) when a group of you have agreed before hand what you are all going to say,
AND everything else has gone to plan; or
b) you have done an action by yourself and you can argue easily enough that
you were not committing a crime, for example when doing a trespass, which
is a civil offence, but you have been arrested on a criminal charge. This
has been known to get people freed without charge, but make sure you know
what you are doing in advance, or you could end up with the criminal charge
of aggravated trespass instead.
Most convictions come from statements arising out of interviews; it is the easiest way to a successful prosecution for the police, so they will try and pressurize you. A solicitor present will help stop the more outrageous pressures, plus all interviews have to be taped and sealed by law, which stops them from tampering with them. You will be asked to sign the tapes at the end; if you have done a no comment/silent interview, then there is generally no harm in this. You may need to give it some consideration if you have given false details.
Despite anything said about it harming your defense at trial and 'special
warnings', there are good reasons for no comment/silent interviews. No comment
tapes rarely come to court. Reasons you can use in court to justify your refusal
to answer are:
a) "under advice from my solicitor";
b) you were not presented sufficient evidence that you felt you could evaluate
the situation;
c) you were too tired and/or bruised to feel that you could do yourself justice
in the interview.
You should ask your solicitor to say to the police at the start of the interview that you intend to go no comment/silent. It is up to you whether you state your name at the start or not. It is best not to speak to the police from the moment you enter the interview room. An interview can last up to two hours, and there can be any number of them. They may ask you to speak to confirm your presence in the room - again you do not have to.
Listen to the questions they are asking you, even if you are not answering them. It often gives you a good idea of what sort of lines of inquiry they are going down.
You can stop an interview at any time to confer with your solicitor, should you feel the need; however the police may see this as a sign that they are getting to you.
A simple technique to avoid being intimidated by the police in an interview room is to pick a point on the floor or wall, and simply stare at it for the entire proceedings. This will also help you not to give away information through body language.
This article is for information purposes only; its aim is to let people to know their full rights under UK law. Nothing on these pages is absolute as the law is always changing; if in doubt contact a trusted solicitor for further advice. We do not encourage you to break the law.
Please feel free to copy and distribute these articles to fellow activists, but do not alter the text in any way. These articles are anti-copyright for non-commercial purposes. Please visit www.freebeagles.org for the latest version of our articles and to learn about the freeBEAGLES Ethical Open Document License under which this document is distributed.
If you see any errors, or we have missed any changes to the legal situation please contact us as soon as possible, at info@freebeagles.org, as wrong information can prove costly to people's freedom.
© Copyright freeB.E.A.G.L.E.S.; last updated: July 2002