Information Sheets

Arrest  
The police can arrest someone if they suspect they are involved in or have attempted to be involved in carrying out a criminal offence. 

Caution  
When they are arrested, the police will caution them. This is what they will say: 

“I am arresting you on suspicion of……..You do not have to say anything, but it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you do say may be given in evidence”. 

Booking In 

When they arrive at the police station, they will be searched and their valuables and other items like belts or medication will be taken and stored. They should be given back to them when they leave unless they are being kept as evidence. 

Custody Sergeant 

The Custody Sergeant is in charge of their care and welfare while they are in police custody. While they are being booked in, the Custody Sergeant will ask them questions about their health and wellbeing. They should tell them their rights and make the decision to refuse their detention in custody after they have been interviewed.

Rights 

They have the following rights while in police custody:

• Free legal representation
• A phone call to inform someone that they’ve been arrested.
• Medical help if they are feeling ill.
• The right to read the Codes of Practice which explains what the police can and cannot do.
• A written notice telling then about rights, such as, regular breaks, meals, use of toilet. (They can ask for interpreter to explain the notice or ask for it to be in their chosen language.

Appropriate Adult 
If they are under 18 or a vulnerable adult, they have the right to have an Appropriate Adult with them for all procedures while they are in police custody. This can be someone they know or a professional Appropriate Adult. Their role is to safeguard their rights, explain what is happening and ensure the police are treating them fairly.   

Police Cell
After they have been booked-in and given their rights, they may be placed in a cell while they wait for the police to be ready to interview them.

There is a toilet in the cell. They should be offered food and drink. If they have been arrested late at night, they should be allowed to sleep sufficiently before being interviewed. 

Procedures 
If it is their first time in police custody, they will have their fingerprints, photograph and DNA taken. They will always have their fingerprints and photograph taken each time they are arrested. They may also have a strip search and/or intimate search where swabs may be taken. 

Disclosure 

If they have asked for legal representation, their solicitor will speak to the police before they speak to them. The police will tell the solicitor details about the suspected offence. This is called ‘disclosure’. 

Consultation with a Solicitor 

Before they are interviewed, they will have the opportunity to get legal advice from either a duty solicitor or a solicitor of their choice. Police interviews can be stressful. Following disclosure from the police, the solicitor will advise them on how to proceed with the police interview. They may recommend that they do not answer any of the questions (no comment) or alternatively, to answer some questions or all questions. 

Interview under Caution 

All police interviews will be digitally audio recorded; some may also be video recorded. The police will caution them again at the beginning of the interview. They will ask them questions about the alleged offence. The solicitor and the appropriate adult can help them understand the questions and make sure there are breaks if the interview is going on for a long time. After the interview is finished, the police will decide what they want to do next. They may be put back in a cell while they are waiting to find out. 

Voluntary Interview 

If some is asked to attend a voluntary interview at a police station, they  are not under arrest, but must be cautioned which means that what they say may be used as evidence. They are free to leave at any time unless arrested and are entitled to legal representation throughout. Refusing to attend a voluntary interview may result in being arrested, and a voluntary interview should not be considered less serious than any other type of interview as it still means they are suspected of a crime. 

 Outcomes.

After being detained in police custody, one of these things will happen:

Charged and Detained – Charged with an offence and detained in custody. 

Detained for further enquiries – Detained while the police continue their investigation. 

Charged and Bailed – Charged and released for a fixed time (possibly with conditions) and a date to appear at magistrates’ court or return to police custody. 

Bailed for further enquiries – Released (possibly with conditions) for a fixed time, while Police continue their investigation. 

Release Under Investigation – Released for indefinite time while police continue their investigations. 

Cautioned – A caution may be offered as an alternative to the police pursuing an alleged offence. Please note, a caution will be shown on a DBS 

Fixed Penalty Notice – A fine given for example traffic offences 

No Further Action – The police will take no further action and no record will be held for DBS purposes. 

Please contact us if you would like more information: 01273 499843 

What happens after arrest?
If someone is charged at a police station to appear at court, the case will always be heard at a magistrate’s court first. There, the magistrates will decide whether they can deal with the offence or if it needs to go to crown court. 

Magistrate’s Court
All criminal cases begin at the magistrate’s court, but Magistrates deal with less serious offences. They can send people to prison for up to 12 months, but mostly hand out fines and non-custodial sentences. The cases are decided by a panel of 2-3 magistrates who are volunteers. In some courts there is also a District Judge who is legally trained and can deal with cases on their own.

Crown Court
Crown courts deal with more serious offences. If somebody pleads Not Guilty to an alleged offence the case will go to trial and be decided by a jury who are directed by a legally trained and paid judge. The jury listens to evidence and decides if the person (defendant) is guilty or not guilty. If they are found guilty by the jury, the judge will decide what sentence they should receive.

If somebody pleads Guilty early on and there is no need for a trial, the Judge will decide what the sentence should be.

Where are young people tried?
A youth court is a special court for young people aged 10-17. It is presided over by three magistrates or a district judge. 

Bail or custodial remand?
If the magistrates cannot deal with case straight away, they can choose to grant bail which means that the defendant can be released into the community whilst the case is being prepared. Sometimes there may be bail conditions like having to stay in a certain area or be home between certain hours (curfew). Or they can decide that the defendant must go to prison to wait for the next hearing to take place – this is called custodial remand.

Pre-Sentence Report
Judges and Magistrates may ask the Court Probation service to write a report about the defendant before deciding on what the sentence should be. The report can highlight welfare concerns which may or may not guide the judge when deciding on a sentence.

How do I know which court they will appear in?
When someone is charged to appear at court on a later date, they will be given details of the date and court location when they are released from police custody and by post. If they are already in prison, they will be taken to the court or to the prison’s video link room. If you are not sure, talk to your Solicitor or contact Sussex Prisoners’ Families who will be able to find out for you. 

Sussex Magistrates Courts:  01273 670 888

Lewes Crown Court:  01273 480400

Can I attend the trial?
Under normal circumstances, families can attend the trial and sit in the public gallery. However, due to covid-19, the situation varies depending on the lockdown status and space available in courtrooms. Please contact us for updates.

How can I prepare for court?
If you are attending court in person, make sure you know which court you are going to, how to get there and that you arrive in good time. Report to the court usher for your courtroom when you arrive.

Be prepared to wait. Take reading material with you and change for the tea bar (although this may or may not be open due to covid). 

Can I get support in court?
If you are supporting a family member or friend at court and would like someone to support you, please contact us and we will try to arrange for one of our court volunteers to meet you. Get in touch with us if you cannot get to court but would like updates about a trial or a result from a hearing.

Can children come to court?
No, unless they are giving evidence, children under 14 cannot go into courtrooms. If you are a witness giving evidence at court, you should be supported by the Witness Service. In some courts the Witness Service have child friendly facilities. 

Can I attend a video hearing?
People cannot link into Magistrates courts hearings. For Crown court cases, people need to make a request to the court if they wish to link into a court case virtually. The request must then be agreed by the Judge.

Can I speak in court?
Unless you are a witness, you won’t be able to speak in court. However, you will be allowed to prepare a family impact statement. Sussex Prisoners’ Families will be able to help you do this so get in touch. 

How can we prepare for a prison sentence?
It will help if you and your family member discuss big issues in advance –  such as housing, finances and explaining to children. It’s also a good idea if your loved-one visits the dentist and doctor to get details of any medications they are taking. 

The defendant should also pack a small bag with socks and underwear, prescribed medications, a towel, a change of clothing, toiletries, a pair of flip-flops, a pair of trainers, a radio, writing materials and books. Don’t forget to take an address book or list of phone numbers as they will not be allowed to have a mobile phone in prison. 

What happens if the defendant is given a prison sentence?
They will be taken to the court cells immediately. There won’t be a chance to make arrangements or say goodbye so it’s important that you are prepared. They will be transferred to the local prison. Most male prisoners in Sussex go to HMP Lewes and most female prisoners go to Bronzefield. You can call the Youth Justice Board to find out where a young person has been taken.

Please contact one of our outreach team on 01273 499843 for more details

What happens when someone first goes to prison?
Prisoners go through the ‘reception’ process to ensure they have everything they need.

First of all, property will be logged, and prisoners will be allowed to keep some items. Anything they can’t keep should be stored and returned to them on release.

They will also be issued a prison number and should be allowed a shower. 

What if they have health problems?
They will be interviewed by healthcare who will find out their physical and mental health needs and find out what medication they need. Healthcare will not normally discuss these issues with you as they are confidential but should be willing to receive information from you that might be helpful to the prisoner. Please contact us for help in doing this.

When will I hear from them?
They should also be allowed a short phone call within the first 24 hours in which they should give you details of how to visit and their prisoner number. Then there may be a delay in hearing from them as their phone PIN system is set up.  As soon as you get their prison number you can write to them and also sign up for ‘email a prisoner’ which allows you to send and (in some prisons) receive emails.

How will they know how the prison works?
Over the next few days, they will receive information and advice from officers and specially trained prisoners who will tell them how the prison systems work such as how to book visits or how to sign up for education and work.

Where can I find out more?
Call one of our friendly outreach team who can talk this through with you on 01273 499843

 Contact one of our friendly outreach team on 01273 499843 who will help you talk through these issues.

How do I contact a prisoner?

Please see our factsheets and video above.

I am worried about a prisoner. What should I do?
If you have immediate concerns about the mental health of a prisoner, you should call the safer custody team of the prison they are in. If the safer custody team are not available and you have urgent, immediate concerns you can call the switchboard and ask for the duty governor.

Can I visit?
During Covid, visits are suspended. Please contact the prison direct for updates or contact one of our friendly outreach workers who will be able to find out for you 01273 499843

Can I have video visits?
Yes – video (or purple visits) are now available. You will need to:
1 – Download the app on your Android or i0S device.

2 – Create your account.

3 – Add any additional participants.

4 – Add your contact (who you wish to have the call with).

5 – Once verified, you can book a video call via your contact!
Click here for more information https://www.purplevisits.com/

Can I send money in?
From November 2nd 2020, you will not be able to post money to a prisoner unless you have special permission from the governor. Instead you can transfer by Visa, Maestro or Mastercard debit cards, bank transfer, mobile app or telephone banking. For detailed instructions, click here https://www.gov.uk/send-prisoner-money 

Can I bring in clothes for the prisoner?
Since Covid, it has not been possible for families to bring in clothes when visiting. However, you can send in books and clothes but the prisoner needs to put in ‘an app’ in the first instance detailing exactly what is being sent in. This must be completed and accepted before you send in any items.

If you need any further help, please contact one of our friendly outreach
workers on 01273 499843

What happens when someone first goes to prison?
Prisoners go through the ‘reception’ process to ensure they have everything they need.

First of all, property will be logged, and prisoners will be allowed to keep some items. Anything they can’t keep should be stored and returned to them on release.

They will also be issued a prison number and should be allowed a shower. 

What if they have health problems?
They will be interviewed by healthcare who will find out their physical and mental health needs and find out what medication they need. Healthcare will not normally discuss these issues with you as they are confidential but should be willing to receive information from you that might be helpful to the prisoner. Please contact us for help in doing this.

When will I hear from them?
They should also be allowed a short phone call within the first 24 hours in which they should give you details of how to visit and their prisoner number. Then there may be a delay in hearing from them as their phone PIN system is set up.  As soon as you get their prison number you can write to them and also sign up for ‘email a prisoner’ which allows you to send and (in some prisons) receive emails.

How will they know how the prison works?
Over the next few days, they will receive information and advice from officers and specially trained prisoners who will tell them how the prison systems work such as how to book visits or how to sign up for education and work.

Where can I find out more?
Call one of our friendly outreach team who can talk this through with you on 01273 499843

 Contact one of our friendly outreach team on 01273 499843 who will help you talk through these issues.