News1 min ago
reading of my rights on detention
25 Answers
over the christmas period , i was arrested and charged with being drunk and disorderly, and held for7 hours.
on being released the desk seargent realised i had not been read my rights on arrival.
can i have this charge dropped
thank you
colin
on being released the desk seargent realised i had not been read my rights on arrival.
can i have this charge dropped
thank you
colin
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.are you saying you were never cautioned? ("you do not have to say anything".. etc)
were you cautioned when you were arrested? would you remember anyway?
honestly, if you were never cautioned (and could prove this) anything you said whilst being interviewed (and I believe you would have been cautioned on tape) might be inadmissible in court.
I would advise you to get a transcript of the interview, but would be surprised if all 3 opportunities (arrest, custody and interview) to caution you were missed.
were you cautioned when you were arrested? would you remember anyway?
honestly, if you were never cautioned (and could prove this) anything you said whilst being interviewed (and I believe you would have been cautioned on tape) might be inadmissible in court.
I would advise you to get a transcript of the interview, but would be surprised if all 3 opportunities (arrest, custody and interview) to caution you were missed.
You are supposed to be told your rights and the fact of your being so told is to be recorded in writing.The only real evidence that any custody officer has that you were not told them is the absence of any written record.(Your rights include having the right to have some person you nominate being informed of your arrest and detention, subject to certain restrictions)
The fact that there's no record apparent doesn't prove you weren't told them. As said, it's highly unlikely that you weren't made aware of, or no effort was made to have you aware of, your rights. (It's a fair bet that, you were in no state to remember now or understand then what was said, if anything)
The fact that there's no record apparent doesn't prove you weren't told them. As said, it's highly unlikely that you weren't made aware of, or no effort was made to have you aware of, your rights. (It's a fair bet that, you were in no state to remember now or understand then what was said, if anything)
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