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When they have finished interviewing, you are returned to your cell while a decision will be made on what to do with you; whether to keep you in to continue their enquiries, try to have you remanded or let you go. If they are letting you go they will normally charge you, or release you on police bail (not a proper charge, but an order to turn up at the police station at a later date). They have to either charge you or let you go within 24 hours of arriving at the police station. This period can only be extended if you are being held on suspicion of committing a "serious arrestable offence".
If you are being charged & released then you will be told the details of the charges, informed about bail conditions, and then processed before being released. You are asked to sign to say you have been informed of the charges and the bail conditions imposed, and be given a copy.
You can refuse the bail conditions, but it is likely that they will keep you in overnight and bring before the magistrates the next day, who will probably impose the same bail conditions anyway. The decision is up to you, and needs to be evaluated according to the situation. For most people, it is a case of accepting the bail. It is when the restrictions imposed will far outweigh the alleged crime that you refuse to accept them, but seek advice from your solicitor. Sometimes, refusing bail has resulted in people being simply chucked out of the police station, as the police are not prepared to deal with the extra paper work and hassle you will cause them, but don't bet on it. Also you can ask the custody sergeant to alter the bail conditions giving reasons why - he may accept, particularly if a solicitor speaks on your behalf. Most people accept even draconian bail conditions and apply to have them dropped at the court appearance.
Processing involves them taking your fingerprints, photo and DNA. You can resist, but they are allowed to use 'reasonable' force to take them. In the case of fingerprints, this can be forcibly seizing your hands to get your prints. For DNA they normally use sterile disposable toothbrushes to gather cells from the inside of your mouth. If you refuse then they can rip some hair out of your head. The DNA sample is then sealed in a bag and labeled; watch them label it; they must get your name, date of birth and time of sampling correct - if they don't then it may be inadmissible in court. If they ask for your date of birth, don't answer (this is where the tactic of no conversation comes in particularly useful). They are now allowed to take your photograph by force, even before charge. They can sometimes forcibly take your fingerprints and DNA before charge if an Inspector reasonably suspects that they will tend to prove or disprove your involvement in an offence. This has to be by way of a written authorization.
At some stage earlier in the proceedings they may have nicked your clothes to run forensic tests on them or to use them to identify them from CCTV. They are allowed to do this, though the rules of searching still apply. They can take all items they determine as being necessary to their investigation. In return they are supposed to supply an 'adequate' replacement. This can either be tracksuit & pumps or, worse, a paper jumpsuit.
They must return all property that they are not using in evidence against you. Make sure you don't leave without it. You will then be directed to leave the police station. Hopefully your friends will be waiting for you, or have made arrangements for you to be met by someone. Your solicitor may be willing to help you with this.
If they think you have been a very bad person who doesn't deserve to go free, or you have refused bail conditions, or simply want to continue questioning you the next day (as when they haven't collected all the statements & evidence they feel they need to interview you properly) they can keep you in overnight. Other reasons for refusing you bail is that they think you will re-offend while out free, maybe break your bail conditions, or that you will not turn up at court to answer the charges. This could be because you are on bail for other offences or have previous convictions.
If they do then you have the right to be fed properly and to 8 hours uninterrupted sleep. Though they will check up on you to ensure that you are still alive. You can ask to be provided with blankets.
If the reason for keeping you in is not for further inquires, you are normally taken to the nearest magistrate's court first thing the next day. You may have to wait all day for your case to come before the magistrates - however, you still have right of access to your solicitor who, if they are on your side, will have been keeping a track of the situation. You really do not want an unknown duty solicitor representing you when your freedom is at stake. The magistrates will either decide to release you subject to bail conditions, giving you a date when to return to court, or have you sent to prison to await trial. In the vast majority of cases, it will be the former. If you are remanded, you will be able to re-apply for bail at your next court appearance, which is always 7 days later.
Once free, your solicitor will stay in contact with you regarding the case, help you with Legal Aid and any queries you have.
It is not unknown for the police to make arrests simply to justify their presence at a demo, or because they dislike activists and feel like harassing you. If your charges are dropped then you have the right to sue. Even if you do not want to put in the time and energy required for suing, then you still have the right to put in a complaint. This they hate and if enough people do it then it can have a significant effect. It is important that you take this sort of action, as it discourages police attempts to stifle legitimate protest. See the separate leaflet on how to put in complaints and sue the police.
For more information on anything you have read in this leaflet contact Free BEAGLES at email beagles@protest.co.uk.
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