Legislations/policies around arrests

Freedom of information request reference no: 01.FOI.23.031740

I note you seek access to the following information:

In short and simple terms,
Q1) When being arrested, what identification must an officer provide you with?
Q2) Do any legislation’s give a reason to avoid the answers provided in question one.
Q3) When being arrested, what would happen if an officer failed to follow what you have stated in question one.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - When being arrested, what identification must an officer provide you with?
Q2 - Do any legislation’s give a reason to avoid the answers provided in question one.

Please note the arrest procedure is as follows:

Arrest procedure;

If arrested the police must:

• identify themselves as the police
• tell you that you’re being arrested
• tell you what crime they think you’ve committed
• explain why it’s necessary to arrest you
• explain to you that you’re not free to leave

If you’re under 18 the police should only arrest you at school if it’s unavoidable, and they must inform your head teacher.
The police must also contact your parents, guardian or carer as soon as possible after your arrival at the police station.

All police officers with the exception of covert officers must be in possession of their warrant card at all times whilst on duty. This includes the period of travelling time to and from their place of duty.

Police officers in plain-clothes are required to identify themselves and produce their warrant card when they are performing their police duties and exercising their police powers. Normally Police officers in uniform are not required to produce their warrant card, however they should do so upon request of a member of the public unless the circumstances do not allow for this to happen or the request is unreasonable.

Q3 - When being arrested, what would happen if an officer failed to follow what you have stated in question one.

Decision making and assessment of a a situation are made on a case by case by basis dependent on the nature of the circumstances.