ArthurWankspittle wrote:Interesting question there for the legal experts: If I go all freeman and don't give my name, am I still allowed to make a phone call?
Allowed is the key word. There's no unqualified legal right to make an outgoing phone call whilst under police arrest. Some of it is guidance (
https://www.gov.uk/government/publicati ... ode-c-2014) and some is Hollywood folklore. Strictly speaking, none of these 'rights' require the arrested person to identify themselves beforehand.
- There is a legal right to have a named person informed of your arrest, and the Police must make reasonable efforts to contact that person without delay. Can be delayed under certain circumstances.
- There is an expectation in the PACE Code that a detained person should be allowed to make a phone call to one person for a reasonable time. But the Police can supervise, listen and/or record this call if they wish. Being a matter of statutory guidance rather than law, the police can also get away with a bit more delay or denial. On the other hand, if you're reasonable and the place is quiet, they'll often allow several calls. Arranging care for your children, getting someone to pick up your car, that sort of thing.
- Finally there is a right to receive legal advice by telephone (from a real solicitor, not one of their idiot mates on GOOFy), and the Police are not supposed to eavesdrop on that call. Unless they have a warrant to do so, which sometimes occurs if there is a suspicion that the lawyer is crooked.
However in practice the Police will tend to be pragmatically unhelpful - custody sgt will say "
'I'll tell you all about your rights and I'll make sure you can exercise them, but first of all we need to complete the booking-in process. I'm responsible for your safety and wellbeing while you're here, and I need to know if you have any medical conditions, who your next of kin is, etc. I'm not asking you to admit any offence, I just need your details for the computer. Computers, eh? It's all paperwork nowadays... ".
They will maintain this stolid, cheerful obstruction for hours, insisting that nothing can take priority over safeguarding the welfare of their guest. It's a winning line, courts have been reluctant to criticise it. And if that doesn't work, then forcible fingerprinting & DNA will often identify the arrested person. But if they're in that sort of mood, Police will decide that they can't Bail a person who won't identify himself. So they'll keep you until the next available court, and you can try your luck with the Magistrates.
