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25.05.2010.

Understanding Police procedures and considering consequences - part 1.

I was recently made aware of a couple of cases which made me realise that the difference in culture and
the administration of the laws between Nepal and the UK can have a huge impact on people who settle in
the UK and break the law. I thought it would be a good idea to write some articles to explain what you
may expect and some of the things that may happen, if you, or a family member finds themselves in this
situation.

k|x/Lsf] sfd sf/afxL / cfOkg]{ k/Ll:ytLnfO{ ljrf/ ubf{ –efu !

ev{/}sf] s'/fxf], dnfO{ s]xL o:tf 36gfx? 5g\ h;n] g]kfn / oxfFsf] l/ltl/jfh /xg;xg / lgodsfg'gdf km/s
ePsf sf/0fn] oxfF 3/hdug]{ / lgod ldRg] g]kfnLdf slt c;/ ubf]{ /x]5 eg]/ dx;'; u/fof] . dnfO{ nfU5
o;} af/]df s]xL n]vx? o;sfaf/]df aofg u/L tkfO{ s] ;f]Rg'x'G5 / s] x'g k'Ub5, olb tkfO jf tkfO{sf]
kl/jf/sf] s'g} Ps ;bZo o:t} kl/l:yltaf6 u'h|L/x]sf] 5 eg] .

It is necessary for me to explain two things first. One is that as a Police officer, I cannot give any advice,
so these articles will give you a general understanding of some processes and consequences. If someone
is arrested, then the choices made will be up to them to decide.
The other point I want to make is that these matters are faced by most people arrested or prosecuted, so
in no way am I suggesting that it is people from the Nepalese community who are breaking the law more
than others; the fact is that when they do, the lack of understanding of what happens next has greater
consequence than someone who is more familiar with the UK policies and procedures.

oxfF ;a}eGbf klxn] d b'Oj6f s'/fx? j0f{g ug{ pQd 7fG5' . klxnf] s'/f d cfkm' k|x/L clws[t ePs}
sf/0fn] d 7\ofSs} o;f] ug'{ p;f] ug' eGg ;lSbg, To;sf/0f o; n]vn] tkfOnfO{ ;fwf/0f x'g] sfd sf/jfxL /
kl/l:ytLsf af/]df hfgsf/ u/fpFb5 . obL s'g} JolQm kqmfp k¥of] eg], ca s] ug]{ eg]/ t p;df e/ kg]
{ s'/f xf] .
bf];|f] s'/f s] eg] oxfF lgod sfg'g ldRg]df c? ;d'bfosf] eGbf g]kfnL ;d'bfosf dflg;x/? w]/} kqmfp
kg]{ cyjf sf/jfxLdf kb{5g\ eg]/ eGg vf]h]sf] rfFxL kSs} xf]Og, t/ s'/f s] rfFxL xf] eg] oxfFsf] lgod
sfg'nfO{ /fd|f] x]Ssf g/fVbf eg] pgLx? c? hf] clns al9 hfgsf/ 5g\ plgx?sf] t'ngfdf al9 emd]nfdf
km:g] ub{5g\ .

For those of you who receive the Everest Times regularly, you may remember that I have previously
written articles that have mentioned some of what I will explain now, but I aim to give you a better
understanding and focus on a few key areas.

Some of you will also know that I have been to Nepal twice; the last time being in April this year. I went to
get a better understanding of Nepali culture and the laws so I could better understand some of the
difficulties people will face when they arrive in the UK. In terms of culture, I wanted to learn and
experience this so I could respect your culture and learn how to deal with cohesion issues in the
community.

tkfx? h;n] Pe/]i6 6fOD; lgodLt ?kdf k9\g'x'G5, pxfFx?nfO{ ofb x'g;S5 d}n] klxn] kgL o:tf n]vx?
n]lv;s] h;df clxn] pNn]v ug{ vf]h]sf sltko s'/fx? pNn]v e};s]sf 5g\, t/ oxfF eg] s]xL xKtfsf s'/fx?
nfO{ cem k|i6\ofpg] hdsf]{ ub}{5' .

oxfFx? dWo sltkonfO{ yfxf xf]nf d cfkm' g]kfn b'Ok6s uO;s]sf] 5' , d kl5Nnf] k6s eg] olx ck|
Lndf uPsf] lyP . d ToxfF g]kfnL /xg;xg / lgod sfg'gsfaf/]df hfgsf/L xfF;Lnug{ uPsf] lyP h;af6
dnfO{ oxfF cfpg' ePsf g]kfnLx?n] em]ln/xg' ePsf ckm\6\of/fx?sf] af/]df a'‰g ;lhnf] xf]; eGg'
lyof] ;fy ;fy} g]kfnL /xg;xg h;nfO d cfkm} dx;'; / ;Ddfg ug{ ;s'F / oL ;f]rx?af6 pAhg] kl/l:yltx?
nfO{ ;lx ?kn] a'lem o;nfO ;dfwfgsf] af6f] tkm{ nfg' xf] .
My visits to Nepal have shown me the huge differences between our countries. I have also learnt there
are many differences within Nepal too, depending on caste and where you come from.
The lack of information about life in the UK makes it very hard for people arriving from Nepal. This lack of
understanding may result in someone breaking the law, but not realising they were in the wrong. The
same can be said for some cultural aspects of Nepali life, where what is normal or accepted in Nepal,
may not be acceptable in the UK. This is probably made harder now for those who qualify for settlement
after the May 2009 ruling that gave rights for older retired Gurkhas to settle here because they will be
more set in their ways. Language and literacy may be more of a problem for these people too.

dnfO{ d]/f] e|d0fn] g]kfn / o; b]zdf 7"nf] leGgtf /x]5 eGg] yfxf lbof] . dnfO of] klg yfxf nfUof]
ls, g]kfn cfkm}df klg w]/} ljljwtf /x]5 eGg] s'/f hxfF JolQmsf] hGd :yfg / hft o:tfdf s'/fx? lge{/
x'g] /x]5g\ .
g]kfnaf6 cfpg]x?nfO o"s]sf] lhjg z}nLsf af/]df kof{Kt hfgsf/L gx'Fbf w]/} cˆ6\of/fx? kb{5g\ .
o:t} 1fgsf] cefjn] slt a]nf t untsfd ug{ k'Ub5g\ / plgx?nfO{ eg] cfkm'n] d}n] unt sfd ul/ /fv]sf]
5' eGg] s'/fsf] x]Ssfg} /xFb}g . To:t} g]kfnL ;dfhdf lhjgz}nL, hxfF sltko s'/fx? l:jsfo{ x'g ;S5g\ t/
oxfF jhL{t . o:tf ;df:ofx? k|fo To:tf JolQmx? Hf;n] @))( kl5sf] cbfntsf] lg0fo{ adf]hLd oxfF /xg
kfpg] clwsf/ kfPsf 5g\ lsgsL pgLx? rfnrngdf afgL k/L ;s]sf x'G5g\ . ;fy;fy} efiff / ;flxTo klg csf]
{ ux|ª\uf] ;d:of x'g ;Sb5 .

A lack of knowledge of UK law does not provide anyone with an excuse. This will be taken into account to
a certain extent, but I should imagine in all other countries, the authorities place the responsibility on the
individual to be aware.
I have personally contributed, together with some partner organisations, towards the Ministry of Defence
information book, which I understand is available in the re-settlement office in Kathmandu and the Gurkha
Welfare Trust centres. The Police and other partner agencies have made efforts to communicate some
facts to the various Nepalese organisations too, because we all have a responsibility to help people from
other ethnic groups who arrive in our country so there is a better level of understanding for newly arrived
people.

oxfFsf] lgod sfg'gsf] af/]df cglj1tf hgpmFb}df s;}nfO{kgL o;nfO{ lgod ldr]/ sfdug]{ 5'6
x'Fb}g . oxL s'/fnfO{ s]xL xb;Dd dfGg ;lsPnf t/ dnfO{ ofb eP ;Dd c? b]zx?df x/]s JolQmsf]
cfkm'nfO{ rflxg] / hfGg' kg]{ ljifosf] af/] 1fg lng' a'‰g' h:tf lhDd]jf/L :jo+sf]g} x'g] ub{5 .
d cfkm}n] JolQmut ?kdf klg c? ;:yf dfkm{ ;Sbf] ;xof]u u/]sf] 5', h'g s'/f sf7df08f}sf]
uf]vf{ jf]onkm]/ / l/;]6nd]G6 sfo{nox?sf pknaAw 5 . k|x/L tufot c? ;xof]uL ;+:yfx?n] g]kfnsf ;+3
;:yfx?;Fu tYox? cfbfgk|bfg ug{ ;Sbf] ;xof]u u/L/x]sf 5g\ lsgsL of] xfdL ;a}sf], oxfF cfpg] cg]s
ljljwtf af]s]sf ;dfhsf dflg;x?nfO{ oxfFsf] tf}/ tl/sf a'emfpg] st{Jo aGgb5 .

Personally, I don`t think knowledge of the law is the main problem. It is what happens to you after you
have been arrested and the procedures that follow that differ most, so this is what I will concentrate on.
The information I will give will be for adults (persons over 17). This article does not contain too much fact,
but it sets the scene for you. The articles that will follow will be more specific.

Not everyone who breaks the law is arrested. UK guidelines say the Police must be able to show the
need for a person to be arrested. This will be to allow for a proper investigation, including questioning
someone and forensic reasons. It will also be to prevent someone committing further offences or ensuring
another persons safety.
d cfkm}nfO of] nfUb}gsL ;df:of lgod sfg'gsf] af/]df hfgsf/L geP/ ePsf] xf] . oxfF ha obL tkfO
kqmfp kg'{ eof] eg] To; kl5 x'g] sfd sf/jfxL h'g clns km/s x'g] ub{5, h;nfO{ d oxfF clns a9L
hf]8 lbFb}5' . d}n] k|:t't ug]{ hfgsf/L oxfF ls;f]/ cj:Yffsf s]6f s]6Lx?sf nfuL x'g]5 -!& jif{ eGbf
dflysf_ . o; n]vdf plt w]/} s'/fx? gxf]nf t/ tkfOnfO{ Pp6f k||i6 tl:j/ sf]g{ eg] cj:o ;xof]u ug]{ 5 .
oxfF n]vn] ;d]6g] s'/fx? klg Psbd} lglZrt x'g]5g\ .

oxfF x/]s JolQm kqmfp kg]{ 5g\ eGg] xf]Og . oxFfsf] dfkb08 cg';f/ k|x/Ln] lu/ˆtf/Lsf] nfuL
kof{Kt sf/0fx? b]vfpg h?/L x'g] ub{5 . o;n] ;lx 9+un] 5fgljg ug{ / ts{ ljts{4f/f tYo kQf nufpg
7"nf] ;xof]u k'¥ofpFb5 . o;n] s;}nfO{ k'g ck/fw ug{ k|]l/t x'gaf6 / cGo JolQmnfO{ To;af6
hf]ufpg ;xof]u k'¥ofpFb5 .

When you get arrested, the Police officer will take you to a Police station with custody facilities. This may
not be near your place of arrest, but it won`t be too far away. Also, if you commit an offence in a different
area during a visit, you will be taken to a Police station in the area of the offence. If you later have to
attend Court for the offence, then you will have to return to a Court in the area of the offence too.

olb tkfO kqmfp kg'{ eof] eg] k|x/L clws[tn] tkfOnfO{ k|x/L yfgf n}hfG5g\ hxfF s:68Lsf] ;'ljwf
pknAw u/fOPsf] x'G5 . h'g tkfO{ kqmfp kg'{ ePsf] 7fpF glhs gx'g kgL ;S5 t/ TotL 6f9f kgL
gxf]nf . csf}{ s'/f olb tkfO 3'Dg uPsf] a]nf cGo s'g} 7fpFdf ck/fwdf km:g' eof] eg]
tkfO{nfO{ tkfOn] ck/fw u/]sf] 7fpF glhs}sf] k|x/L yfgf nuLG5 / olb tkfO{nfO cbfnt ;Dd
k'¥ofOof] eg] ToxL ck/fw ePsf] ghLs}sf] cbfnt ;Ddg} wfpg' kg]{ x'G5 .

The Police do not take sides or judge who was in the right or wrong. Therefore, for someone arrested, it is
on a suspicion only. When you arrive at the Police station, you are presented to the Custody Sergeant
who will ask the Police officer who arrested you what the allegation is and why you have been arrested.
Although the Sergeant is a Police officer too, they are not involved in the investigation at all. They are only
there to make sure that there are grounds for you being arrested, and after that, they are responsible for
your welfare whilst you are in the Police station. They will let you know what rights you have, ensure any
medical needs are met and generally keep you safe. The Police are a trusted organisation and although
someone will have fears and worries if they are arrested, your rights and welfare are put foremost.

k|x/Ln] s;}n] unt jf ;xL u/]sf] 5 eg]/ k5 lng] ub}{g . To;sf/0f olb s'g} JolQm kqmfp kb{5 eg]
Tof] z+sfsf] e/df dfq x'g]5 . ha tkfO{nfO{ k|x/L rf}sL k'¥ofOG5 tkfO{nfO s;68L ;/h]G6sf cuf8L
k|:t't u/fOG5 h;n] tkfO{nfO{ kqmfp ug]{ k|x/L clws[tnfO kqmfp ug'{sf] sf/0faf/] hfgsf/L lng]
5g\ . pQm ;/h]G6 cfkm} klg k|x/L clws[t ePklg pgLx? 5fgljgdf ;+nUg ePsf x'Fb}gg\ . To;
vfnsf] ;f]wk'5 tkfO{nfO{ kqmfp ug'{ l7s 5ls 5}g eg]/ a'‰g' / To; kZrft tfkfO{nfO cfjZos ;xof]u
k|x/L rf}sLdf pknAw u/fpg' xf] . plgx?n] tkfO{df s:tf vfnsf clwsf/x? /xG5 eg]/ hfgsf/L u/fpFb5g\
tyf cfjZos cf}ifwf]pkrf/ k'¥ofO{ tkfO{nfO ;'/lIft /fVg' xf] . k|x/Lx? Ps ljZjl:go lgsfo xf] t/ klg
s;}s;}df kqmfp kl/;s]kl5 cfˆgf JolQmut clwsf/x? yflt ul/G5 eGg] qf; ePsf] kfOG5 .

The rights you have after being arrested are very important and can alter some of the outcomes for an
arrested person and those who are dependant on them. I will therefore write in more detail about these
and other facts next week.

As always, my contact details are below. Please ask me anything, and I will be happy to help you or direct
you to someone who can assist.

kqmfp kl/;s] kl5 cfkm'df lglxt clwsf/ Pp6f dxTjk"0f s'/f xf] hf] o;df k"0f{ lgxLt x'g] ub{5g\
pgLx?sf] kl5sf] glthfnfO{ kl/jt{g ;d]t ug{ ;Sb5 . To;sf/0f d cfpg] xKtfx?df o;sf af/]df cem lj:t[t ?
kdf j0f{g ug]{ 5' .
;bfsf] h:t} d]/f] ;Dks{ 7]ufgf tn k|:t't 5 . s[kof dnfO{ tkfO{x? h'g;'s} lsl;dsf lh1f;fx? /fVg
;Sg'x'g]5 / d tkfO{x?nfO{ ;xof]u ug{ kfP eg] w]/} v'l; x'g]5' / ;xof]usf qmddf cfjZos k/]df
tkfO{x?nfO{ pko'Qm JolQm;Fu ;d]t ;Dks{ u/fpg] afrf ub{5' .
PC 1860 Mark Ranola.

Farnborough Police Station.


0845-0454545 ( mark.ranola@hampshire.pnn.police.uk )