YOU AND THE POLICE
The police are there to uphold the law fairly and firmly, and we all have a duty to assist them in doing so. You have certain rights in any dealings with the police, which it is useful to know. In all your dealings with the police, remember:
- Be polite at all times. It will make life a lot easier
- If you don't understand what is going on, the questions you are being asked, or terms they are using, ask.
- If you are accused of an offence, always ask to speak to a solicitor before you make a statement. The law is complicated!
Right to silence - you no longer have a complete right to silence. If you have a defence to the charge against you, tell the police when they interview you. If you remain silent during your interview but have an explanation when you go to court the judge may decide not to believe you because you didn't tell your story from the beginning.
Out on the street
Stop and search - you can be stopped and searched at any time if the police think you have on you: stolen goods, illegal drugs, burglary tools, an offensive weapon or other articles, such as spray cans. They can also search your vehicle for the same reasons, if it is with you.
If the police search you it must be in a public place. If they ask you to take off your outer clothing you should do so, but you only have to remove your coat, jacket and gloves.
If you are being searched, there is certain information the police must give you. This is summarised with the mnemonic 'GOWISELY':
- Grounds or authorisation for search
- Object of the search
- Warrant card to be shown if not in uniform
- Identity of the officer
- Station to which the officer is attached
- Entitlement to a copy of the record
- Legal power being used
- You are detained for the purpose of the search
After the search they will complete an 'encounter form' (unless this is completely impractical), and give a copy to you.
Stopped for questioning - in a public place the police can ask you to account for yourself - i.e. your actions, behaviour, what you are carrying or why you are there. You don’t have to answer but they can infer from this and e.g. search you or make further enquiries. Unless it is impractical to do so, they should make a record of the encounter and give you a copy. If you are under 18 they may also inform your parents or other agencies, for example your school, even if no other action is being taken by the police.
Giving your name and address - generally the police don’t have the right to demand your name and address apart from in certain circumstances. For example if they have reason to believe you are or were acting in an antisocial manner. If you then refuse to tell them, you are committing an offence and could be arrested, and they could go on to search you.
You can still answer their questions of course even if you don’t think you have been doing anything wrong. If they persist you could ask them if they are planning on arresting you and if so why. It’s a good idea to get their names and numbers too. Try to keep calm - losing your temper won’t help.
The police station
You only have to go to the police station if you are being arrested or being asked to provide a sample. Under certain circumstances you can be required to attend for a drugs search. You don't have to go just for questioning, although you may wish to go to assist them.
However, if you are under 18 and at risk, or if you are suffering from a mental illness and at risk, you can be taken to a police station for your own safety.
At the station you don't have to say anything (but see 'Right to Silence' above). You have the right, for example, to speak to a solicitor, to let someone know where you are and to be told why you are being kept in.
Questioning - is for the police to get information and to see if you are telling the truth. Interviews are now taped so your evidence can't be changed. For some offences you may not be interviewed. If you're not sure what is going on, don't answer any questions, admit anything or sign anything, until you have talked to a solicitor.
Solicitors - you have the right to see a solicitor. If you can't afford one or don't have one, you have the right to a free solicitor under the Duty Solicitor Scheme. You can change your mind at any time.
16 or under
While you are being questioned, there must be an 'appropriate adult' present. e.g. a parent, carer, friend, youth worker or social worker.
In custody
While you are in custody you have certain rights, and you can ask to see a copy of them. You can be kept in custody for further questioning for up to 24 hours. This can be extended to 36 hours (or even 72) but only with good reason.
If you are hurt or ill, you can ask to see a Doctor.
Taking samples
Non-intimate samples: (fingerprints, urine, hair, saliva, mouth swabs) can be taken without your consent.
Intimate samples: (blood and semen, urine etc.) can be taken if the authorising officer had good reason to suspect a recordable offence.
Body searches: can only be done by (and in the presence of) someone of the same sex as you. If you are under 17 it should take place in the presence of the appropriate adult unless you both agree otherwise.
IF YOU HAVE TO GO TO COURT
You should make sure you have spoken to a solicitor before being called. This could be the duty solicitor or your own solicitor. You will have to give an address that the court can release you to, although if it is a more serious case you may be remanded in custody.
If you have to go to court as a witness of a crime, contact the Witness Service, who can offer help and advice.
COMPLAINTS ABOUT THE POLICE
If you think that the police have denied you your rights by not treating you properly, or if you have been racially or sexually harassed, then you can make a complaint. Go through a solicitor or CAB. You may also be able to claim compensation.