Contact with the Police
Their Powers and Your Rights
Rules about what the police can and can’t do are set down in codes of practice, or governed by national law. It is against the law for the police to discriminate against you because of your race, sex, sexuality, religion or disability. If the police fail to comply with the law or the codes of practice, they can be prosecuted or disciplined.
Stop and Account
The police can stop you in a public place and ask you to account for yourself, for example, for your actions, behaviour, presence in an area or possession of something. When you have been stopped and asked for an explanation, you shouldn't be asked to give your personal details. Your ethnic background will be recorded. The police should give you a receipt or business card so that you know who they are.
Stop and Search
The police can stop and search any person, vehicle and anything in or on the vehicle, if they have reasonable grounds for suspecting that they might find one of the following:
- Stolen goods
- Drugs
- Offensive weapons
- Any item made or adapted for use in certain offences, e.g. burglary or theft
- Knives
- Items which could damage property, e.g. spray paint cans.
The police can stop and search you without having reasonable grounds for suspecting that you are in possession of any of the above items in the following exceptional circumstances:
- If a serious violent incident has taken place
- The police can search a football coach going to or from a football match if they have reasonable grounds for suspecting there is alcohol on board or that someone is drunk on the coach
- If the search is believed necessary to prevent terrorism
- In some circumstances, a police officer of the rank of inspector or above can give the police permission to make stops and searches in an area for a certain amount of time – as long as this is for no more than 24 hours.
They do not have the right to stop and search you just because of your race or religious background. The search cannot legally begin unless the police provide you with the following information:
- Proof of their warrant card
- Information on police powers to stop and search
- Your rights
- The police officer’s name and police station (if the search is connected to terrorism, the police officer can give you a badge number instead of a name)
- The reason for the search
- What they think they might find when they search you
- A copy of the search record (if it is not possible to make a record of the search at the time, the police officer should tell you that you have the right to a apply for a copy within 12 months of the search).
During a stop and search, the police should not require you to take off any clothing other than an outer coat, jacket or gloves. Any more thorough searching must take place in private, such as in a police van, by a police officer of the same sex. The police can use reasonable force when they stop and search, but must make every effort to persuade you to co-operate and use force only as a last resort.
Being Questioned by the Police
An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence. You may be questioned under arrest, or voluntarily. If you are interviewed without having been arrested, you must be told that you are free to leave the police station any time you want.
You must not be interviewed about an offence except at a police station or other authorised place of detention, unless there are exceptional circumstances, e.g. to prevent physical harm to others or interference with evidence connected to the offence.
The police should not question you until they have cautioned you as follows: "You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence." They also must ensure you understand this disclosure. This means:
- The interview will be recorded and can be used as evidence against you in court
- You may remain silent or refuse to answer questions
- Your refusal to answer may be used taken into account and used against you if the offence goes to court.
Powers of Entry
Police can enter premises without a warrant in certain circumstances, including:
- To deal with or prevent a breach of the peace
- To enforce an arrest warrant
- To arrest a person in connection with certain offences (e.g. public order offences such as affray, rioting, violent disorder and threatening behaviour, or offences related to trespassing)
- To recapture someone who has escaped from custody
- To save life or prevent serious damage to property.
If you are arrested, the police can also enter and search any premises where you were during or immediately before the arrest. They can search only for evidence relating to the offence for which you have been arrested, and they must have reasonable grounds for believing there is evidence there. In other circumstances, the police must have a search warrant before they can enter the premises.
When carrying out a search, police officers must:
- Identify themselves and if they are not in uniform, show a warrant card
- Explain why they want to search, the rights of the occupier and whether the search is made with a warrant or not.
If the police do have a warrant, they can force entry if:
- The occupier refuses entry
- If it's not possible to communicate with the occupier
- The occupier is absent
- The premises are unoccupied
- If they have reasonable grounds for believing that if they do not force entry, it would hinder the search or someone would be placed in danger.
Seizure of Property
The police should only seize goods if they have reasonable grounds for believing that:
- They have been obtained illegally.
- They are evidence in relation to an offence.
Terrorism
You can be stopped and searched by a police officer if they reasonably suspect that you have anything in your possession that could constitute evidence that you are a terrorist. 'Being a terrorist' is technically not itself an offence, so the police do not have to suspect you of committing an offence or carrying prohibited articles to stop and search you.
The police can designate specific areas to be places where they have special powers in relation to terrorism. Within these areas, people and vehicles can be stopped and searched if the police consider it necessary to do so to prevent acts of terrorism - there does not have to be reasonable suspicion.
Failure to stop a vehicle or obstructing a police officer in the exercise of these powers is an offence punishable with a fine and/or a six month prison sentence.
The police can enter and search your premises without a warrant if there is reasonable suspicion that terrorist activity is taking place inside.