You have been told by the police to attend a custody suite. Perhaps the investigation has been continuing for some time and the police now want to deal with the allegation formally. The word “custody” immediately raises an obvious concern: if you go in, are you going to be allowed to go home?
Attending a custody suite does not itself mean that you will automatically be kept there. Depending on what happens, you may be charged and released, released subject to bail conditions, or kept in custody for a court appearance. The immediate question is therefore not only what you are accused of, but also what information is available to show why you should be allowed to leave on bail.
Written by Paul Cheuk, Solicitor
Speak to a Solicitor Before You Attend
If the police ask you to attend a custody suite, we suggest obtaining legal advice immediately rather than waiting until you arrive. A person detained at a police station has the right to consult a solicitor privately, and free independent legal advice is available at the police station.
A solicitor can help to establish what the police intend to do and advise you about the likely procedure. More importantly, the solicitor can start thinking about matters which you may not yet have considered, including whether bail is likely to become an issue and what information should be available to address it.
There is an important practical advantage in speaking to the solicitor before attendance. It gives time to prepare rather than trying to obtain addresses, employment documents or other information after the client is already inside the police station.
The Police Know the Allegation Better Than They Know You
By this stage, the police may know a great deal about the alleged offence. They may have statements, messages, CCTV or other material collected during the investigation. What the custody officer may know much less about is your personal life.
When someone is about to be charged, almost all of their attention naturally goes to the allegation. They are thinking about what happened, what the witnesses have said, what messages exist and how the allegation can ultimately be defended.
Those issues are important, but they may not be the first issue that needs to be dealt with that afternoon. Before any trial takes place, somebody may first have to decide whether you are going home.
Do you have a permanent home in the UK? How long have you lived there? Do you have stable employment? Does your spouse or your children live here? Do you operate a business? Do you care for somebody? Have you attended voluntarily whenever the police asked you to do so?
These matters can be important when considering whether there is any genuine reason to believe that you would disappear, fail to attend court, commit another offence or interfere with the case. If bail has not been considered in advance, one may suddenly find themselves trying to remember an employer’s details, explain where they live, identify evidence of their family circumstances while already inside a custody suite without the help of the phone or internet.
Your Address Can Become Material
Something as ordinary as where you live can suddenly become highly relevant. A person who has lived at the same address for many years may be able to demonstrate a strong connection with the area. If someone has no settled address, or their living arrangements are unclear, the police may have more questions about where that person will be if released.
Depending on the circumstances, it would be helpful to have simple evidence available. This could include a tenancy agreement, council tax bill, mortgage statement or other document showing where the client actually lives.
It is not a question of arriving with a suitcase full of paperwork. The useful documents will depend on the particular concern which might arise.
Work and Family Can Help Show Your Connection to the UK
Employment may also be important. Someone with permanent employment, a business, professional responsibilities or regular working commitments in this country may have obvious reasons to remain here and attend court.
Family circumstances can also form part of the picture. A person whose spouse, children and home are all in the UK may be able to demonstrate substantial connections with this country.
Again, the evidence may be straightforward. A recent payslip, employment contract, company record or evidence of family responsibilities may sometimes be useful.
It is much easier to produce that material if somebody has thought about it before the client attends the police station.
What If You Have Connections Overseas?
Having family, nationality, property or business interests overseas does not mean that bail will automatically be refused. Many people living in the UK naturally have significant connections with other countries.
However, if the police are concerned that someone may leave the country rather than attend court, overseas connections may become relevant.
The complete picture therefore matters. How long have you lived in the UK? Where is your main home? Where do you work? Where does your immediate family live? Have you complied with previous police requests? Have you previously travelled while under investigation and returned when required?
Where foreign travel is the particular concern, surrendering a passport may sometimes be considered as a bail condition. The important question is whether a practical condition can address the perceived risk rather than whether detention is necessary simply because the client has an overseas connection.
Prepare Before You Walk Through the Door
When a client tells us that the police have asked them to attend a custody suite, our work should begin before the attendance itself.
We want to understand what the police intend to do, advise the client about the process, consider the allegation and prepare for any interview. We also want to know where the client lives, what they do for work, what family responsibilities they have, how strong their connections are with the UK, whether there are significant overseas connections and whether they have previously complied with police or court requirements.
At Lisa’s Law, when assisting clients who are asked to attend a police station or custody suite, we do not wait for the bail question to arise before thinking about it. Defending the allegation is important, but so is the immediate question of liberty. Preparing for both before attending can make a significant practical difference.
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