Rights with Police Involvement

Right to be Treated with Dignity and Understanding

• Sensitivity to Communication: You may experience difficulties in communication, such as understanding complex language, social cues, or stress-induced responses. Police officers should use clear, simple language when communicating with you, avoiding jargon or complex legal terms. You should be given extra time to process questions and to respond to them.

• Consideration for Sensory Needs: You may experience sensory sensitivities (e.g., to light, noise, or touch). The police should try to accommodate these needs by offering a quiet space, reducing the volume of background noise, or turning off harsh lighting. If necessary, the police should avoid unnecessary physical contact.

Right to Have an Appropriate Adult

• You have the right to have an Appropriate Adult (AA) present during certain parts of the custody process: The Appropriate Adult's role is to support you, ensure you understand what is happening, and make sure your rights are upheld.

• Who can be an Appropriate Adult? This could be a family member, a friend, or a professional, such as an advocate or social worker. In some areas, specially trained volunteer advocates are available to act as Appropriate Adults.

• The Appropriate Adult should be present during any questioning, interviews, and while you are informed of your rights: They can also advocate for any reasonable adjustments you may need, such as extra time or breaks.

Adjustments for Mental Health Needs

• Access to Mental Health Support: If you are experiencing a mental health crisis or symptoms, you should be assessed by a mental health professional as soon as possible. The police are required to ensure that you are not detained in custody for longer than necessary without appropriate care, especially if you are vulnerable.

• If the police believe you are in need of mental health support, they should consider transferring you to a healthcare facility rather than keeping you in custody.

• Alternative Custody Arrangements: In certain cases, the police should explore alternative arrangements such as the use of a "place of safety" (a healthcare facility or other approved place) if your mental health condition makes detention unsuitable for you. Under Section 136 of the Mental Health Act, the police can take you to a place of safety if they believe your mental health is at risk.

Avoiding Unnecessary Detention or Harsh Treatment

• Vulnerabilities: If you struggle to process the experience of being arrested, detained, or questioned, the police should avoid prolonged interrogation and should provide breaks as needed. If you become distressed or overwhelmed, they should make allowances for you to have time to calm down and manage sensory overload.

• Minimising Stress and Anxiety: The police should understand that you may be more prone to stress, confusion, or emotional distress. They should be patient and avoid situations that could escalate your anxiety or aggression. This includes not rushing you, giving you time to respond, and being mindful of your emotional state.

Right to Legal Representation

• Right to Legal Advice: You have the right to free legal advice when in police custody. You should be given the opportunity to speak with a solicitor if you are being questioned, particularly if you feel overwhelmed or confused. The solicitor can ensure you understand your rights, the process, and any decisions that need to be made. They can also advocate on your behalf for reasonable adjustments.

Adjustments During Interviews or Questioning

• Longer Interview Time: You may require additional time to process information, understand questions, and provide responses. The police should be prepared to adjust the length of interviews to allow you sufficient time to respond to questions. You should not be rushed or pressured into answering questions before you are ready.

• Breaks During Questioning: If you feel overwhelmed during questioning or interviews, you should be given the opportunity to take breaks. This is particularly important if the questioning or environment is too stressful for you to handle in one go. The police should allow frequent breaks if necessary, especially if your mental health symptoms are being exacerbated.

Adjustments to Bail Conditions

If you are released on bail, the police should consider any reasonable adjustments you may need in relation to bail conditions. This might include:

• Adjustments to the time and location of bail reporting if you find certain places overwhelming due to sensory sensitivities or anxiety.

• If you are asked to attend court, the police or relevant authorities should take your needs into account when considering court timings or courtroom conditions, and any reasonable adjustments needed.

Review of Custody and Regular Checks

The police should ensure that your custody conditions are reviewed regularly and that you are checked for signs of distress or deterioration. If you appear to be struggling, they should act promptly to get you the necessary support.

Final Thoughts

You are entitled to reasonable adjustments when detained by the police. These adjustments aim to support you throughout the custody process, from arrest through to release. The police should be mindful of your communication needs, your sensory sensitivities, and any mental health support you may require, and they must ensure that these needs are met appropriately. It’s important to ask for support, such as an Appropriate Adult or mental health professional, if you feel that your rights or needs are not being respected during the process.