1. What are my rights during arrest and cautioned interviews?

1. What are my rights during arrest and cautioned interviews?

As a starting point, Article 5 of the Bill of Rights Ordinance establishes fundamental rights related to liberty and security of individuals. These rights can be summarized as follows:

• The right to protection against arbitrary deprivation of liberty - legal grounds and established procedures must be followed for any deprivation of liberty.
• The right to be informed of the reasons for their arrest at the time of arrest.
• Prompt notification of any charges against the arrested person.
• Right to trial within a reasonable time or release.
• Right to challenge the lawfulness of detention before a court and entitlement to release if the detention is found to be unlawful.
• Right to compensation for unlawful arrest or detention.

In addition, the document “Notice to Persons in Police Custody or involved in Police Enquiries” outlines nine key rights that individuals should be aware of. These rights can be outlined as follows:

1. Seeking legal assistance
2. Telling someone that you are at a police station
3. Communicating with a relative or friend
4. Receiving copies of written record under caution
5. Communication with consulate if you are a foreign national
6. Notification to consulate if you are a foreign national
7. Provision of food and drink
8. Seeking medical attention
9. Requesting for release or admitted to bail

According to the law, you must be given a caution before any questions can be asked during an interview. If the caution is not given, any statements you make during the interview cannot be used as evidence in court. This type of interview, where a caution is given, is referred to as a “cautioned interview” by the police.

Once a law enforcement officer possesses evidence that provides reasonable grounds to suspect an individual of committing an offence, a warning must be given. According to Rule II of the “Rules and Directions for the Questioning of Suspects and the Taking of Statements”, the standard caution should be delivered in the following manner: 

“You are not required to say anything unless you choose to do so. However, anything you say may be recorded in writing and used as evidence.”

When a person is charged with or informed that he may be prosecuted for an offence, Rule III(a) of the “Rules and Directions for the Questioning of Suspects and the Taking of Statements” specifies that the person must be cautioned using the following statement:

“Do you wish to say anything? You are not required to say anything unless you choose to do so. However, whatever you say will be recorded in writing and may be used as evidence.”