The welfare and well-being of a loved one may be of concern if someone you care about is involved in the criminal justice system. We explore what you need to know to provide support.
What happens when someone is arrested?
- Rights should be explained at a police station, e.g. to access legal advice, phone a friend/family member, rest, meals, toilet facilities, and medical help
- Anyone under 18 or a vulnerable adult should not be interviewed or searched without an “appropriate adult” present (e.g. friend/family member);
- They can be held up to 24 hours before being charged or released (36-96 hours if a serious crime suspected or 14 days if under the Terrorism Act). Possible outcomes include:
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- released without charge
- given a “caution”
- placed on police bail (if charged, a date to appear in court is given)
- If the person is under 18, the police can provide information to a family member
- The police can take a photograph, fingerprints and DNA sample without permission, but permission is required for blood/urine samples unless an arrest is connected to drink/drug driving
What does “remand in custody” involve?
- Being detained until a prison trial – this provides more rights than convicted prisoners, e.g. wearing own clothes/more visits
- A solicitor may advise where the person has been taken, or other options are to:
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- call the court and request to speak to “the cells”
- wait for the person to call you and ask for their prisoner number/prison
- use Find a Prisoner Service
How are prison visits organised?
- Allowances depend on each prison, but generally up to 3 adults/accompanied children may visit a person:
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- on remand: at least three 1-hour visits a week
- following conviction: two 1-hour visits every 4 weeks
- Bookings may be made from the first working day following a court appearance, but to book a visit, visitors must first be added to a visitor list (made by the person in prison)
- Help with the cost of prison visits may be available
- Visitors should “check-in” at the visitor centre 30 minutes before a booked visit time and bring their Visiting Order/acceptable ID
- Only small amounts of money/essential baby items are allowed into the “visits hall” (lockers are available for personal belongings; bring a pound coin)
- All visitors are searched: pat downs, metal detectors and drug detection dogs
- Generally, minimal physical touch at the beginning/end of a visit is allowed, but visits may be partitioned by glass
- Visitors may purchase refreshments, use children’s play areas or toilets (searches are repeated before/after toilet visits)
- Other types of special visits, such as family visits, lifer’s days or family learning visits, may be applied for if they are offered at the prison
What’s available for staying in touch?
- Mobile phones are not permitted; prison telephones are for “calls out” only and times/queues/booking system restrictions may apply
- To help with call charges, money may be sent to the person in prison
- If someone has not kept/memorised phone numbers, this may delay calls out
- Calls may be made to “approved” people only (via a PIN system, after the person in prison applies for up to 20 people/15 legal numbers; this can take 72 hours – 1 week to set up)
- In emergencies, Governors may allow an official telephone to be used to call out; urgent messages for a person in prison may be passed on by a Prison Chaplain.
- Usually, one 30-minute Video Call a month is available free, via the Prison Video or Purple Visits Apps (additional calls may be allowed)
- Prison Voicemail system can exchange voicemails, accessed by a landline number from inside a prison, or via an App from outside prison; registration is required
- Unless calls are to “confidential access organisations” (e.g. legal advisers or Samaritans), they may be monitored; all calls of Category A (high risk) people are monitored
- People in prison can receive letters and send one free letter per week (or two if on remand) – stamps/envelopes can be purchased or stamped addressed envelopes sent in.
- Usually, photographs of family/friends may be sent, but it is advisable to check prison rules for what else is authorised. All letters are opened (and may be read), unless they are from solicitors/courts
- Email a Prisoner enables friends and families to send emails into prison, which are printed/delivered with other correspondence
- Letters may be stopped and calls terminated if they contain something:
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- relating to escape plans or compromising prison security
- connected to a criminal offence or breach of prison rules
- threatening to national security/written in code
- threatening or indicating blackmail
- racially offensive/obscene
Contact our expert Criminal Defence Solicitors
Kathryn Maintzer is a paralegal in our Crime Department based in our Oxford office, working with Alice Dodd, partner. Kathryn has previous experience in Civil proceedings in the County Court, supporting defendants under the Legal Aid housing loss prevention advice scheme.
Please contact us to see how we can assist you using our online enquiry form or call 020 7387 2032.