Alternatives to Arrest

Rather than arresting you, the police may:

• Tell you to leave an area because you are loitering in a public place or trespassing on private property. If you do not leave private property when the owner, occupier, or police request you to, you might be arrested.

• Issue an on-the-spot fine. You may receive an expiation notice, like a traffic fine. Remember that if you pay the fine, you are admitting the offence and cannot challenge it after you have paid.

• Issue a formal caution instead of bringing a court prosecution, if it is a less serious offence. Accepting this is also an admission of guilt, so do not accept a caution if you want to challenge the charge. A caution can always be used by the police and this may still appear on your record. Some employment forms require you to declare arrests and cautions.

Sometimes police will choose not to arrest you at first, to avoid obligations that they have towards you on arrest (eg allowing you to contact a lawyer). Instead, they may invite you to come with them or to answer questions voluntarily. If you ‘voluntarily’ choose to go with them (eg to a police station or elsewhere) or to answer their questions, you can still be arrested at any point. Remember that answering police questions will not necessarily work in your favour, even if their questions seem harmless and the police suggest that you might just be able to ‘clear things up’. If you are unsure if you are under arrest, ask the police, ‘Am I under arrest?’ If you are not under arrest, decline their request to accompany them or to answer questions and you are free to go.

Being charged means police believe that they can prove that you have committed a crime and that they intend to charge you. You will receive a summons, which is an order telling you when you have to appear in court and it will list the offence(s) that the police have charged you with.