GENERAL POLICE POWERS/PROCEEDURE Many rules about police behaviour are set down in codes of practice, and there are also laws about some of the things the police can and can't do. If the police act in a way which does not comply with the law or the codes of practice, it may mean you could sue them, that they could be prosecuted for committing a criminal offence, or that they could be disciplined. This information does not cover every situation and if you have problems with the police you should always take further advice. If you are cautioned or taken to the police station you should always contact a solicitor. Stop and search: When can the police stop and search you The police can stop and search any person, vehicle, and anything in or on the vehicle for certain items. However, before they stop and search they must have reasonable grounds for suspecting that they will find:- stolen goods; or an offensive weapon; or any article made or adapted for use in certain offences, for example a burglary or theft; or an article with a blade or point; or items which could damage or destroy property, for example spray paint cans. The police can also 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. In all of these situations where the police have a right to stop and search, they should not require you to take off any clothing other than an outer coat, jacket or gloves. If you are arrested, the police can search you for anything you might use to help you escape or for evidence relating to the offence that has led to your arrest. 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. When this permission is in force the police can search for offensive weapons or dangerous instruments whether or not they have grounds for suspecting that people are carrying these items. An officer with the rank of assistant chief constable or above, can also give permission for searches in an area in order to prevent acts of terrorism. Where can the police search you The police can search you in any place that is generally open to the public. This means they can search you anywhere other than your home and your garden, or the home or garden of someone who has given you permission to be there. If the police have reasonable grounds for believing that you are not, in fact, in your own home or that you are somewhere without the permission of the homeowner, they can search you. There are separate rules about when the police have powers to enter your own home – see under heading Powers of entry. Can the police use force The police can use reasonable force when they stop and search, but must make every effort to persuade you to co-operate. They should only use force as a last resort. What information should a police officer give you before carrying out a search Before searching, the police officer should tell you that you are being detained for the purposes of a search. The police officer should also give you their name, the name of their police station, the object of the search and their grounds or authorisation for making the search. If the search is connected to terrorism the officer can give their police number instead of their name. You should also be told that you have a right to a copy of the record of the search. If it is impractical to make a record of the search there and then, the police officer will tell you that you have the right to apply for a copy, as long as you do so within 12 months. When can the police question you The police should not question you with a view to getting evidence until they have cautioned you. If you have been arrested, you must not be interviewed before being taken to the police station unless:-- delay could lead to interference with or harm to evidence connected with the offence delay could lead to physical harm to others delay would alert someone suspected of committing an offence who has not yet been arrested delay would hinder the recovery of property that is the subject of the offence. If you are cautioned without having been arrested, you must be told you are free to leave whenever you want. Powers of entry: When can the police enter and search Police can enter premises without a warrant in a number of different situations. Examples include:- deal with a breach of the peace or prevent it enforce an arrest warrant arrest a person in connection with certain offences recapture someone who has escaped from custody save life or prevent serious damage to property. Apart from when they are preventing serious injury to life or property, the police must have reasonable grounds for believing that the person they are looking for is on the premises. If the police do arrest you, they 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. They can also search any premises occupied by someone who is under arrest for certain serious offences. Again, the police officer who carries out the search must have reasonable grounds for suspecting that there is evidence on the premises relating to the offence or a similar offence. In other circumstances, the police must have a search warrant before they can enter the premises. They should enter property at a reasonable hour unless this would frustrate their search. When the occupier is present, the police must ask for permission to search the property – again, unless it would frustrate the search to do this. When they are carrying out a search police officers must:- identify themselves and - if they are not in uniform - show their warrant card; and explain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not. If the police have a warrant they can force entry if:- the occupier has refused entry; or it is impossible to communicate with the occupier; or the occupier is absent; or the premises are unoccupied; or 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. When can the police seize property Police should only seize goods if they have reasonable grounds for believing that:- they have been obtained illegally; or they are evidence in relation to an offence. In either of these cases they must also have reasonable grounds for believing that it is necessary to seize the goods to prevent them being lost, stolen or destroyed. Powers of arrest: When can the police arrest Police can arrest you if they have a valid arrest warrant. There are also some situations where they can arrest you without a warrant. These are where:- you are in the act of committing certain offences they have reasonable grounds for suspecting you are committing certain offences they have reasonable grounds for suspecting you have committed certain offences you are about to commit certain offences they have reasonable grounds for suspecting you are about to commit certain offences. The police can also arrest you if they have reasonable grounds for suspecting you have committed or attempted to commit any offence, or if you are committing or attempting to commit any offence, but it is impractical or inappropriate to serve a summons. However, they can only do this if one of the following conditions applies:- they do not know, and cannot get your name they think you have given a false name you have not given a satisfactory address. This means an address where the police can contact you they think you have given a false address the arrest is necessary to prevent you causing physical injury to yourself or others, suffering physical injury, causing loss or damage to property, committing an offence against public decency, or causing an unlawful obstruction of the highway they have reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person. If they are arresting you because you have failed to give them a satisfactory address they must first explain that you may be arrested and give you to opportunity to give them the address. What should happen on arrest The police should only use reasonable force to make an arrest and they should inform you that you are under arrest as soon as possible. After the arrest they should explain why they have arrested you. The police must caution you unless it is impractical to do so or unless they cautioned you immediately before they arrested you. If the police arrest you somewhere other than at a police station they should take you to a police station as soon as possible. If they arrest you for theft, and you were seen taking property but did not have it after a chase, the police officer can retrace your tracks. This may allow them to recover the property. They should take you to the station once they have recovered the property. At the police station At the police station, the police should also inform you of:- your right to inform someone of your arrest; and your right to talk to a solicitor in private and the fact that this is free of charge; and your right to look at the police codes of practice. The police should also inform you that you do not need to use these rights immediately. You can exercise them at any time while you are detained. You should be given a written notice of your rights whilst you are in the police station, and your right to a written copy of your custody record when you are released. The police will ask you to indicate on the custody record whether you wish to have legal advice and will also ask you to sign the record. If you do ask for someone to be informed of your arrest this should happen as soon as possible, unless you have been arrested for certain offences and an officer of the rank of superintendent (or above) allows a delay. In order to allow a delay the officer should be satisfied that there are reasonable grounds for believing that informing someone of your arrest would:- lead to interference with evidence affect the police’s ability to recover property lead to other suspects being alerted prevent recovery of the proceeds resulting from drug offences. If a delay is authorised the police should tell you and write and the reason on your custody record. The maximum delay is 36 hours unless you are detained in relation to a terrorist offence, in which case it is 48 hours. If someone asks about your whereabouts then, as long as you agree, they should be informed, unless an officer of the rank of superintendent (or above) decides that they should not. How long can the police hold you The police should not detain you for more than 24 hours without charging you, unless an officer with the rank of superintendent (or above) or a magistrate gives permission. A police officer with the rank of superintendent (or above) can authorise detention for a further 12 hours. Magistrates can authorise further detentions up to a maximum of 96 hours. Once charged you should be brought before the magistrates the next day (but not on Christmas Day, Good Friday or any Sunday). Right to silence: Although you have a right to silence, courts can take your silence into account when deciding whether you are guilty or innocent. Duty solicitor: If you are arrested, charged or questioned by the police, you should ask for a solicitor. There should be a duty solicitor, available by telephone, who will not charge you for help. Young people: If you are under 17 years of age and are detained by the police, an appropriate adult – usually your parent or guardian - should be informed as soon as possible. The police should not interview you until your parent is present, unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property. People with learning difficulties: If you have learning difficulties the police should only interview you when a responsible person is present, unless delay would result in a risk of injury or harm to property or people. You should be accompanied at interview by:- a relative or other person responsible for your care; or a person who is not employed by the police, and who is experienced in dealing with people with learning difficulties; or some other responsible adult who is not employed by the police. People from abroad: If you are from abroad, you have the right to tell your High Commission, embassy or consulate your whereabouts. If you are from certain countries where the UK has a special agreement, the High Commission, embassy or consulate will be told about your arrest automatically. If your first language is not English: If you have difficulty understanding English and the interviewing officer cannot speak your language, you should be provided with an interpreter. The police must not interview you until the interpreter is present unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property. Deaf people and people with hearing/speech difficulties: If you have hearing or speech difficulties the police should offer you an interpreter. They should not question you until the interpreter is present unless a delay would mean an immediate risk of harm to someone or serious loss of or damage to property, or unless you agree in writing to be interviewed without one. Complaints: If you feel the police have treated you unfairly and want to complain, there are different courses of action you can take. The best course of action depends on the nature of your complaint. For example, if the police have obtained evidence by breaking code of practice rules, a court may refuse to accept police evidence in any case against you. Alternatively, you may wish to use the police complaints procedure to complain about an individual officer's behaviour, or take court action (see under Suing the police). If you want to make a complaint you should get further advice from a solicitor. You could also get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB . Making a complaint: You can make a written complaint, to the chief constable of the force or, in London, to the Commissioner of the Metropolitan Police. You should send the letter by recorded delivery post and keep a copy. If you think you are also going to take court action you should ask a solicitor to write the letter. You will be invited to an interview at the police station. You should take a friend or solicitor with you. If you have been injured you may also be asked to attend a medical examination. A medical examination can be carried out only with your consent. The police may ask you whether you want the complaint to be dealt with informally under a procedure called 'local resolution'. If you do not agree, the matter will be investigated formally. If, after a formal investigation, the complaint is upheld:- the police officer may be given an informal warning or words of advice; or police officers may be formally disciplined, dismissed or required to resign, suffer a reduction in rank or pay, be fined, given a warning or reprimanded; or the matter will be referred to the Crown Prosecution Service if there is an allegation of criminal offences by police officers (You may also want to take further action. See below). The Independent Police Complaints Commission (IPCC) oversees and investigates complaints against the police. Suing the police: If your complaint is serious you may wish to sue the police. You can sue the police in the same way that you can sue members of the public. If you want to sue the police you should talk to a specialist solicitor. UK COURTS The county court: Cases dealt with by the county court The county court deals with civil cases which are dealt with by a judge or district judge. A case can be started in any county court but it may be transferred to the defendant’s local court. If the case is defended and the claim is for a fixed amount of money, the case will be transferred automatically by the court to the defendant’s local court (if the defendant is an individual not a company). In other cases the defendant can request its transfer. All claims arising from regulated credit agreements must be started in the county court, whatever their value. Examples of cases dealt with by the County Court County courts can deal with a wide range of cases, but the most common ones are:- landlord and tenant disputes, for example, possession (eviction), rent arrears, repairs consumer disputes, for example, faulty goods or services personal injury claims (injuries caused by negligence), for example, traffic accidents, falling into holes in the pavement, accidents at work undefended divorce cases, but only in some county courts. In inner London the Divorce Registry in the Strand deals with undefended divorces some domestic violence cases, but these may also be heard in the magistrates court race and sex discrimination cases debt problems, for example, a creditor seeking payment employment problems, for example, wages or salary owing or pay in lieu of notice. Small Claims cases In England and Wales, a case will, if defended, be dealt with in one of three ways. The court will decide which procedure will apply and then allocate the case to the corresponding ‘track’. The three tracks are:- the small claims track the fast track the multi-track. The small claims track is the usual track for claims with a value of £5,000 or less. The procedure in the small claims track is simpler than in the other tracks and in most cases the losing party will not have to pay the other party's costs. There is one track to small claims in Northern Ireland for claims with a value of £2,000 or less. The Magistrates’ Court Magistrates’ courts deal with criminal and some civil cases, and cases are dealt with either by justices of the peace, who are unqualified and who are paid only expenses, or by District Judges (Magistrates’ Courts) who receive some payment. In Northern Ireland, cases are heard by paid magistrates only. Magistrates courts usually only deal with cases which arise in their own area. Criminal cases in the Magistrates’ Court Magistrates’ courts deal with criminal offences where the defendant is not entitled to trial by jury. These are known as summary offences. Summary offences involve a maximum penalty of six months imprisonment and/or a fine of up to £5,000 (£2,000 in Northern Ireland). Magistrates also deal with offences where the defendant can choose trial by jury but decides to have their case heard in the magistrates' court. If the defendant chooses trial by jury, the case will be passed on to the Crown Court. The Youth Court: The youth court deals with young people who have committed criminal offences, and who are aged between 10 and 17. The youth court is part of the magistrates court and up to three specially-trained magistrates hear the case. If a young person is charged with a very serious offence, which in the case of an adult is punishable with 14 years imprisonment or more, the youth court can commit them for trial at the Crown Court. Civil cases in the Magistrates’ Court Magistrates can deal with a limited number of civil cases as follows:- some civil debts, for example, arrears of income tax, national insurance contributions, council tax and VAT arrears, granting, renewing or taking away licences for pubs and clubs some matrimonial problems, maintenance and removing a spouse from the matrimonial home welfare of children, local authority care or supervision orders, adoption proceedings and residence orders. The Crown Court: The Crown Court deals with the following types of cases:- More serious criminal offences which will be tried by judge and jury Appeals from the magistrates court - which are dealt with by a judge and at least two magistrates convictions in the magistrates court that are referred to the Crown Court for sentencing. Imprisonment and fines in the Crown Court are more severe than in the magistrates court. The High Court: The High Court deals with civil cases, hears appeals in criminal cases, and also has the power to review the actions of individuals or organisations to make sure they have acted legally and justly. The High Court has three divisions, as follows:- The Family Division: The Family Division deals with complex defended divorce cases, wardship, adoption, domestic violence and so on. It also deals with appeals from magistrates and county courts in matrimonial cases. The Queens Bench Division : The Queens Bench Division deals with large and/or complex claims for compensation. It also deals with a limited number of appeals from magistrates courts or Crown Courts, as well as reviewing the actions of organisations to see whether they have acted legally, and with libel and slander actions. The Chancery Division : The Chancery Division deals with trusts, contested wills, winding up companies, bankruptcy, mortgages, charities, contested revenue (usually income tax) cases etc. The Court of Appeal: The Court of Appeal deals with civil and criminal appeals in England and Wales. Civil appeals from the High Court and the county court are dealt with, as well as from the Employment Appeal Tribunal and the Lands Tribunal. Criminal appeals include appeals against convictions in the Crown Court, and points of law referred by the Attorney General following acquittal in the Crown Court or where the sentence imposed was unduly lenient. In Northern Ireland, there can be a rehearing of a county court case in the High Court and an appeal from there if the case is stated to the Court of Appeal. The House of Lords: The Lords deal mainly with appeals from the Court of Appeal, or direct from the High Court, where the case involves a point of law or general public importance. Appeals are mostly about civil cases although the Lords do deal with some criminal appeals.
