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Being arrested, is this right?
Former Member
Posts: 1,876,323 The Mix Honorary Guru
I've been arrested many times in my life, for things which were my fault, although this one time i hadn't actually done anything.
Last year some time i went to a party and the next day i got 'accused' of stealing someone mobile phone, by some people who were there because of our near identical phones. I got some angry phone calls the next day and some messages on facebook demanding this phone, which i didn't have. I told the people who called/messaged i have near enough the same phone, everyone was drunk the two people in question must have mistaken me. So they threatened police agaisnt me which didn't bother because no evidence could be thrown my way that i stole the phone.
So three months later, hadn't heard anything from the police or the likes, it'd had all gone down and then one morning. There was a knock at my girlfriends front door, which i was staying and the police walked in told me i was being arrested for theft, took me into the car and down to the station.
I got my things taken from me, and processed etc. And then put into a cell, without any information about my arrest, only the fact that i'd "stolen a phone".
I was into the cell about 9.30 am, and waited until 3.30pm before they took me for an interview (without any solicitor, because none were available until another day and i really didn't want to be locked up for another day). So i answered all their questions honest and truthfully as you do. Then they told me, that only 1 person had made a statement against me, there were no witness but her and no evidence to prove i took anything.
I get put into my cell again, and had to wait until about 6.30pm to 7pm before they finger printed me and photo and all that crap. Then put me into my cell again. It was only until about 9.30pm was when i got arrested.
I hadn't been charged at this point, but i was put on bail for eight weeks and had to return to the station or get arrested. So i came back in three weeks, and was given a document that said that i wasn't on bail anymore, and nothing is being done at this time, due to no evidence.
My question is, how the fuck are they allowed to arrest me and hold me in a cell for 12 hours, out of a very important day with me, which ruined my relationship, and got me in serious trouble with my family, because 'theft' is a very dishonourable crime. Obviously no one believed me, because the 'police' had got involved. So according to everyone i had taken the phone, which caused me a fair bit of distress for those two months.
Only to then be proved innocent?
I thought innocent until proven guilty. Wtf?
Last year some time i went to a party and the next day i got 'accused' of stealing someone mobile phone, by some people who were there because of our near identical phones. I got some angry phone calls the next day and some messages on facebook demanding this phone, which i didn't have. I told the people who called/messaged i have near enough the same phone, everyone was drunk the two people in question must have mistaken me. So they threatened police agaisnt me which didn't bother because no evidence could be thrown my way that i stole the phone.
So three months later, hadn't heard anything from the police or the likes, it'd had all gone down and then one morning. There was a knock at my girlfriends front door, which i was staying and the police walked in told me i was being arrested for theft, took me into the car and down to the station.
I got my things taken from me, and processed etc. And then put into a cell, without any information about my arrest, only the fact that i'd "stolen a phone".
I was into the cell about 9.30 am, and waited until 3.30pm before they took me for an interview (without any solicitor, because none were available until another day and i really didn't want to be locked up for another day). So i answered all their questions honest and truthfully as you do. Then they told me, that only 1 person had made a statement against me, there were no witness but her and no evidence to prove i took anything.
I get put into my cell again, and had to wait until about 6.30pm to 7pm before they finger printed me and photo and all that crap. Then put me into my cell again. It was only until about 9.30pm was when i got arrested.
I hadn't been charged at this point, but i was put on bail for eight weeks and had to return to the station or get arrested. So i came back in three weeks, and was given a document that said that i wasn't on bail anymore, and nothing is being done at this time, due to no evidence.
My question is, how the fuck are they allowed to arrest me and hold me in a cell for 12 hours, out of a very important day with me, which ruined my relationship, and got me in serious trouble with my family, because 'theft' is a very dishonourable crime. Obviously no one believed me, because the 'police' had got involved. So according to everyone i had taken the phone, which caused me a fair bit of distress for those two months.
Only to then be proved innocent?
I thought innocent until proven guilty. Wtf?
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Comments
As for whether they should have done what they did, they were not in the wrong. They were undoubtedly lying to you when they said a solicitor wouldn't be found for a long time (there should have been at least one duty solicitor on call, you were arrested in office hours and the criminal defence helpline can give you basic telephone advice), but good luck proving that they said that to you. They're entitled to detain and interview if they have a reasonable suspicion of an offence being committed, and it will have been referred to the CPS before deciding to NFA you.
This does seem like a frustrating situation.
You may like to read the Citizen's Advice Guide on Police Powers (Scroll down to or click on 'Your rights on arrest').
As Melian says, the police can arrest you if they have reasonable suspicion that you have committed an offence and they do have to investigate claims seriously, as they wouldn't be doing their job properly otherwise (as WhoWhere highlights).
If you're not happy about the police, you can complain. Scroll down the same page to 'Complaints' and you'll find more information about how to do this. You can also contact the police station and ask them what the reasons for arrest were; they might be able to give you a greater insight into why they arrested you.
Although, this is a frustrating for you, try to put yourself in the other person's shoes. Would you want the police to take your complaint seriously if you made one?
I hope this helps.