Your Rights Under Arrest
Can the police stop and search me?
The police have a variety of powers that enable them to stop and search people. The most common one that is used is under Section 1 of the Police and Criminal Evidence Act, which allows them to stop and search people if they have a reasonable suspicion that you're in possession of stolen items, or certain prohibited items, such as an offensive weapon or items that could be used for theft. Probably the second most common way of stopping people is under the Misuse of Drugs Act, which again is if they have a reasonable suspicion that you're in possession of drugs.
If the police stop me, do I have to answer questions?
If the police stop you, generally you have the right not to answer their questions. The police are entitled to ask preliminary questions when they stop you. If you do not answer questions then of course you must beware because the police could use that to give them reasonable suspicion that you may or may not have committed an offence.
What information should the police give me before searching me?
The police should tell you that they are detaining you for the purposes of a search. They should tell you the name of the officer that is carrying out the search and the police station he's from. They should tell you the lawful authority that allows them to carry out the search. They should tell you the reasonable grounds that they have for suspecting you and what item they are looking for. They should also tell you that you're entitled to a copy of the search.
Can I be strip searched?
You cannot be strip searched on the street; however, at the police station a custody officer can authorize a strip search if he has reasonable suspicion that you have concealed on you an item that you should not have and that he deems it necessary for you to be strip searched to find that item. A strip search must be carried out by an officer of the same sex as you.
What is reasonable force?
Reasonable force is force that is reasonable under all the circumstances. An example would be that if the police try to stop and search someone and they have reasonable grounds for doing so, if that person tries to leave, the police would be allowed to restrain that person using reasonable force for the purposes of that search.
Are the police allowed to use force?
The police are allowed to use reasonable force in order to carry out a strip search.
What is a warrant?
A warrant is an instrument that gives the police permission to do certain things. Good examples of that would be a warrant to arrest and a warrant to search.
Do the police need a warrant to search my home?
The police do not necessarily need a warrant to search your home. There are two very general powers to search your home without a warrant. They're not the only powers, but they're the most commonly used powers the police have to search your home without a warrant. The first would be under Section 32 of the Police and Criminal Evidence Act, which entitles the police to search an address without a warrant where the person is when they're arrested or where they are immediately before the arrest. The other most commonly used power is Section 18 of the Police and Criminal Evidence Act, and that in certain circumstances gives the police power to go and search your address without a warrant after arrest.
Do the police need a warrant to arrest me?
The police do not necessarily need a warrant to arrest you. The police are allowed to arrest you if they have reasonable suspicion that you have committed an offence, are in the process of committing an offence, or are about to commit an offence, whether or not they have a warrant.
What should I not do on arrest?
What you should make sure you do not do on arrest is to resist the police in any way. You are at danger, if you resist a police search or a police arrest, of committing a further offence. You also should co-operate with the police, because even if you think they are acting unlawfully, if you do not co-operate, or if you lose your temper and start swearing at the police, then you could be committing further offences. What you should do if you think the police have acted unlawfully on your arrest is to co-operate as fully as possible, and then seek legal advice at the first available opportunity, to find out whether the police have acted unlawfully, and if so, what your remedy is.
What will happen once I am arrested by the police?
Once you have been arrested by the police, you will be taken to a police station as soon as it is practical.
Can a community police officer arrest me?
A police community support officer generally does not have the power of arrest. However, he can ask you to remain with him for up to 30 minutes, waiting for a police officer to arrive. If you do not wait with the community support officer for that 30 minutes, then you will be committing an offence and the police community support officer can restrain you, in order to make you wait for the police to arrest you.
What is a Citizen's Arrest?
A citizen's arrest is when a member of the public makes an arrest. A police officer can arrest for any offence--if someone is committing an offence, or has committed the offence, or is about to commit the offence. For a citizen the powers of arrest are much more limited. They can only arrest if the offence is being committed, or has been committed, and they can only arrest for more serious offences, not for any offence.
