I am always astounded by the lack of sense shown by our young and the clever (what a foolish combination) who think they can talk their way out of trouble with the police. We are increasingly under more scrutiny than ever, racial profiling is on the up. From personal experience I can tell you to arm yourselves with the knowledge you need so you don’t dig yourself into any (deeper) hole, and remember to keep your mouth shut until you have your legal counsel present.
Watch below how Mr. James Duane, a professor at Regent Law School and a former defence attorney, tells you why you should never agree to be interviewed by the police.
And if hearing the words from a member of the courts is not enough for you, hear what an experienced police officer has to say why you should never agree to be interviewed by the police.
Please do view the videos above, and familiarise yourself with the Police and Criminal Evidence Act 1984 (PACE) and accompanying Codes of Practice.
My suggestion however is that you either memorise (yeah right) or print off and keep in your wallet, handbag, purse, manbag (select as necessary) if you are arrested, make the following written statement and say nothing else:
I, YOUR NAME, am making this statement of my own free will. I understand that I do not have to say anything but it may harm my defence if when questioned I do not mention something I later rely on in court.
This statement may be given in evidence.
I, YOUR NAME,
of YOUR ADDRESS,
am making this written statement in accordance with Annex D of the PACE code, as I have been arrested with a chargeable offence. I understand that I am under caution. At this stage I wish to maintain my right to silence and will not answer any questions besides those required by law to establish my identity and place of residence.
Under Code C Section 6.5 of the Police and Criminal Evidence Act, I wish to request consultation with a qualified solicitor. I understand that adverse influences may be drawn from my continued silence should this matter come to trial after I have had the opportunity to consult with legal counsel, in accordance with the Criminal Justice and Public Order Act (1994).
I also wish to request writing materials as provided for by Section C of PACE so that I may keep a written record of my time here. Please be advised that I will be providing my solicitor with a copy of this record. I will also be requesting a copy of the transcript of this and any subsequent interviews.
I do not consent to any search of my person or clothing. I hereby refuse to provide any intimate organic sample or submit to any medical procedure instigated by the police such as an X-Ray or Ultrasound. I do not consent to any of my personal effects being seized unless there is reasonable cause to believe that any item in my possession could be used to injure myself or anybody else as provided for by law. I understand that adverse inferences may be drawn from my lack of consent to the above should this case come to trial.
I realise that a copy of my fingerprints, a photograph of my face and non intimate organic samples may be taken without my permission under the terms of the PACE Act. I will not provide written consent for this but will not physically resist should you decide to attempt to obtain any of the same. I understand that a record of my refusal to consent to the above will be kept.
Under the terms of the PACE Act I would also like to request a copy of the current codes concerning the detention and questioning of suspects in Police Custody. I would appreciate the chance to read these before being interviewed further.