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Crime and Law: you and the police

What if you are stopped in the street?

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
  • drugs, or
  • an offensive weapon, or
  • any article made or adapted for use in certain offences, for example a burglary or theft, or
  • knives, or
  • items which could damage or destroy property, for example spray paint cans.

There is an exception to this rule. If a serious violent incident has taken place, the police can stop and search you without having reasonable grounds for suspecting they will find the items.

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.

Another exception is where the police are allowed to search someone in a particular area if this is believed necessary to prevent terrorism.

The police do not have the right to stop and search you just because of your race or religious background.

When the police stop to search you, they must provide you with the following information or the search can't begin:

  • proof of their warrant card
  • information on police powers to stop and search
  • your rights
  • the police officer's name and police station
  • the reason for the search
  • what they think they might find when they search you
  • a copy of the search record.

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. The police can do a more thorough search in private, for example, in a police van. The search must be made by a police officer of the same sex.

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.

You can get more information on your rights when the police stop and search you on the Association of Police Authorities website at: (New window) www.apa.police.uk. There is an easy-read version and the information has also been translated into a number of community languages.

What should happen if you are detained

How long can they hold you

The police have the power to detain you for questioning if they suspect you have committed an imprisonable offence.

If you are detained, the detention must end no later than 6 hours after it started, or earlier if there are no longer any grounds for suspicion or if you are arrested.

What can happen during a detention

The police must tell you why you have been detained, the general nature of the suspected crime and inform you that you do not need to answer any questions other than giving your name and address.

During a detention you can be moved from the police station to any other place. The police also have the power to search you, take fingerprints, palm prints and other impressions and, where necessary, use reasonable force to ensure you comply with these requirements. The police can also take photographs. If either an intimate (strip) search or invasive internal search is required, there are rules governing each of these searches and a special warrant is required.

If you have been detained by the police, you have the right to have a solicitor and one other person informed of your detention and whereabouts. You do not have the right to make a telephone call personally, the police will do this for you. The police must do this without delay unless there is a good reason not to, for example, that it might lead to the destruction of evidence or the warning of accomplices. There is no fixed time limit but any delay should be no longer than is necessary to investigate or prevent the crime or apprehend offenders.

If a young person under 16 is detained by the police, the police should tell their parents or guardians as soon as possible and may allow a parent or guardian access to the young person at the police station. The police can refuse access if there is a suspicion that the parent or guardian is involved in the crime or offence or if it is in the interests of the child to delay access.

You cannot be detained more than once in connection with the same offence, or an offence which arises out of the same grounds.

 

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