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Your rights when stopped by the police in England and Wales — Articles

Understanding your rights when stopped by the police is essential for everyone — both so you can assert those rights effectively and so you do not inadvertently commit an offence by misunderstanding what the police are legally entitled to do. The law in England and Wales draws sharp distinctions between three different types of police encounter: a "stop and account," a "stop and search," and an "arrest." Each involves different police powers and different rights for the person stopped. This article covers each in turn. For the constitutional framework, see the habeas corpus entry and the judicial review entry on challenging unlawful police action.

Stop and account

A "stop and account" is when a police officer stops you and asks you to explain your actions, your presence in an area, or what you are carrying. There is no statutory power to detain you for a stop and account. You are free to walk away. The officer may ask questions, but you are under no obligation to answer. You cannot be physically stopped simply because an officer wants to ask you questions unless they have a power to detain you (see stop and search and arrest below). Police forces are required to record stop and account encounters where they involve a member of the public who may have felt they were not free to leave. If you believe you were stopped because of your race or ethnicity, record the officer's details and lodge a complaint with the police force concerned — racially discriminatory use of stop and account powers violates both the Equality Act 2010 and the European Convention on Human Rights.

Stop and search

A stop and search is a police power to detain you briefly and search you for specific items. The police must have a legal power to carry out a stop and search — the most common are: Section 1 of the Police and Criminal Evidence Act 1984 (PACE) — requires "reasonable grounds to suspect" you are carrying stolen goods, weapons, or items for use in theft or burglary; Section 60 of the Criminal Justice and Public Order Act 1994 — a senior officer can authorise a s.60 search in a specific area for a specified period if they reasonably believe violence may occur; no individual suspicion is required. What the police must do before searching you: they must tell you their name and police station; the legal power they are using; the reason for the search (or, for s.60, that s.60 is in force); and that you are entitled to a copy of the search record. Your rights during a search: you must remove your outer coat, jacket, and gloves if asked. You cannot be asked to remove anything else in public (clothing underneath requires a more private location, and an intimate search requires a police station and appropriate authority). You can be physically detained for the purpose of the search — you are not free to leave once a lawful search has begun. Making a complaint: you are entitled to a copy of the search record — ask for it on the spot or within 12 months. If you believe the search was unlawful or discriminatory, complain to the police force or the Independent Office for Police Conduct (IOPC).

Arrest

An arrest is a significantly more serious exercise of police power. Under s.24 of PACE, a police officer may arrest you without a warrant if they have reasonable grounds to suspect you are involved in an offence and reasonable grounds to believe an arrest is necessary (the necessity test — for example, to prevent injury, to prevent you leaving, or to investigate the offence properly). Upon arrest, you have the right to: (1) be told you are under arrest and the reason for it (failure to tell you makes the arrest unlawful); (2) be taken to a police station without unnecessary delay; (3) have someone informed of your arrest (s.56 PACE — this can be delayed in serious cases); (4) consult a solicitor privately and free of charge at any time before or during questioning (s.58 PACE) — this right should never be waived; (5) see a copy of the codes of practice; and (6) receive a custody record. Cautioned interview: before questioning at a police station you will be cautioned: "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." You are not obliged to answer questions — silence is a right. However, in some circumstances (particularly if the case goes to trial), a court may draw an adverse inference from silence if you later rely on a defence you did not mention in interview. Always seek legal advice before answering questions. Legal aid for police station advice is free and unconditional — there is no means test. Call the duty solicitor if you do not have your own solicitor. See the duty of care entry for the police's duty of care to arrested persons, and the habeas corpus entry for challenging unlawful detention.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.

Stop and account

Stop and search

Arrest

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