Police Calls and Arrest Warrants: Debunking Myths and Clarifying Legal Rights

Sometimes, you might receive a phone call from the police stating they are en route to arrest you. But is this a true indication of an impending arrest, or is it just a tactic used by scammers?

Understanding Police Calls

It is a common misconception that the police call you before making an arrest. In reality, this call is more likely to be an initial warning before a significant police force is deployed, or it could be a stall tactic while they prepare to arrest you. The police do not typically call ahead to let someone know they are coming to arrest you.

However, in the UK, you are entitled to certain legal rights following an arrest. According to the Police and Criminal Evidence Act, the police must make sure you are informed of your arrest and the fact that you are in custody. They can also help you with legal representation, either by calling your solicitor or an on-call solicitor on your behalf.

Common Scenarios and Their Realities

Scam Calls vs. Legal Calls

When a caller claims they are from the police and wants you to pay a fine to avoid arrest, it is almost certainly a scam. Legitimate police forces do not engaged in such practices unless they are trying to revive a cold case or obtain a payment for a debt. Always be wary of such calls and verify the legitimacy of the caller through official channels.

The Process of Being Arrested

Particularly in the UK, the process of being arrested and taken into the Police Station Custody Unit is governed by the Police and Criminal Evidence Act. Here are the key points:

You have the right to have someone informed of your arrest, provided they are a reasonable person who would have interest in your welfare, such as a family member. You have the right to consult a solicitor. If you don't have a solicitor, the police will escalate to the Duty Solicitor, a solicitor from a participating law firm who can be contacted over the phone. The decision on whether your solicitor should physically attend the custody unit is entirely up to you, and that service is provided free of charge. Any interview or procedure should wait for the solicitor's attendance, unless you decide otherwise. There are exceptions to this, notably for offenses such as national security, murder, and drinking and driving where evidence collection cannot be delayed.

Concluding Thoughts

Police do not typically call to let you know they are coming to arrest you. It is more likely that a phone call is a preparatory step. Whether you are facing a minor infraction or a serious charge, understanding your legal rights and the common practices of police forces is crucial for protecting your rights and avoiding scams. If you ever receive a suspicious call about your arrest, verify the information through official channels and seek legal advice.

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