Police Station

The usual process is:

• suspect is arrested and cautioned
• they are detained at the police station, cautioned again and told their rights
• the first person they will meet is the custody sergeant, who is responsible for all the people detained at the station and calls an appropriate adult (someone who can help the detainee in understanding what's happening and to make sure they are treated fairly) if the police have concerns over the detainee's vulnerability or if they are aware of the detainee's mental health
• the detainee can get free legal advice from a solicitor and meet with an appropriate adult if one has been called
• they may be searched and samples taken 
• they could see a forensic physician (a medical professional such as a doctor or nurse) if there are concerns over their health and well being whilst detained
• police conduct an interview where they question the detainee about their involvement in the alleged offence and give the detainee an opportunity to give their side of the story
• decision to prosecute - if the offence is minor, the police may decide whether or not to prosecute the detainee themselves, and if it is more serious they may refer the case to the Crown Prosecution Service (CPS)

How long can someone be held for?

Detainees should not be held at the police station for more than 24 hours without being charged.

Continued detention can happen in certain circumstances, such as when the police need to secure or preserve evidence and the offence is very serious.

Detaining someone who is mentally ill for more than 24 hours should depend on their vulnerability.

• Caution - a strong warning from the police that if the person commits another offence, the case will likely go to court. It is a minor conviction.
• Conditional caution - a caution with conditions attached that the person needs to meet, rather than prosecuting. Conditions could include engaging with mental health services.
• Bailed to return - the detainee is allowed to leave the police station but there has been no final decision made as how to deal with the case. They will need to return to the police station at a later date.
• Charged - if the police or Crown Prosecution Service feel the detainee should be prosecuted. The detainee may be allowed to leave the police station on bail and told when to attend court. Alternatively, they may be detained until they appear in court if perhaps the police are concerned they won't attend or may commit further offences.

Could there be a different outcome for someone with mental illness?

There are possible outcomes that could ‘divert’ someone from the criminal justice system. The detainee’s solicitor could make representations to the police and Crown Prosecution Service regarding charging.

Possible outcomes that can be seen as diverting someone with mental illness out of the criminal justice system:

• NFA - No Further Action is taken and the detainee is free to leave.
• Reprimand/Final Warning (under 18 year olds only) - a reprimand could be given if it is a first minor offence. A final warning could be given for a second offence or if the first offence was too serious for a reprimand. 
• Caution/Conditional Caution - as mentioned above.
• Fixed Penalty Notice - a fine.
• Bailed to return - as mentioned above. This can give time for the detainee's solicitor to make representations to the Crown Prosecution Service asking them not to charge or to divert the detainee to health and social care services as appropriate.
• Detained under the Mental Health Act - the detainee could be assessed as needing to be detained in hospital for assessment and/or treatment.  
• Voluntary admission to hospital - the police could encourage the detainee to voluntary admit themselves to hospital for assessment and/or treatment.