Police Powers & Legal Advice

Police Powers. What are the police powers. What are your legal rights. With arrest rates plummeting following the strict application of Code G, more and more suspect are being invited into the police station for a voluntary interview under caution. What does this mean? what are your legal rights? Are they the same as being in police detention? Do you still need legal advice? Your right to free legal advice remains the same, but indications are that suspects are waiving the right to legal advice as a voluntary interview under caution is thought less serious or less formal. It is still your absolute right to obtain legal advice. It is still your absolute right to communicate with anyone outside the police station as well as obtain free legal advice. The police powers are significantly less if a suspect is not arrested. No police powers of search. No police powers to take fingerprints or DNA. If invited for an interview under caution it maybe that the police have no need to exercise the additional police powers available to them. Police powers increase if the suspect has been arrested and is in police detention. The desire to not exercise these additional police powers does not infer that the matter for which the interview under caution is being conducted is any less serious. If invited for a voluntary interview under caution then a suspect should still exercise his right to legal advice. The police still reserve the right to make an arrest should it become necessary. For instance, if the suspect does not attend when invited for voluntary interview. If the suspect attempts to leave the voluntary interview. If the police have doubts concerning the identity of the suspect, or doubts concerning the suspect’s address, which may make the service of a summons difficult, then they may exercise the police powers of arrest.