Being stopped, questioned or arrested by the police :Cross Stitch – Crime and justice

The police have powers to stop, question and search you – depending on the situation. If necessary, they can arrest you if they believe you have committed a crime. Find out when you can be stopped by the police, what happens if you’re searched or arrested and your rights.

A police officer must show you their identity card

A police officer or a police community support officer (PCSO) has the right to ask you:

what you’re doing
why you’re in an area and/or where you’re going

The officer may record your ethnicity and you may be given a record showing the:

date and time you are stopped
officer’s name and police station

A police officer does not have to be in uniform (but must show you their identity card). A PCSO must be in uniform.

You are seen late at night close to where a burglary has taken place. The police see you’re trying to hide something that seems to be the same size and description of the item stolen in the burglary.

You could be stopped and searched in this situation.

Being stopped and searched without any reasonable grounds

You can be stopped and searched without any reasonable grounds if a police officer thinks that:

serious violence could take place
you’re carrying a weapon or have used one

Before you’re searched

Before you’re searched the police officer must tell you:

their name and police station
what they expect to find – for example, drugs
the reason they want to search you – for example, it looks like you’re hiding something
why they are legally allowed to search you
that you can have a record of the search – if not possible at the time, how you can get a copy

How the search is carried out

An officer can ask you to take off more than your jacket or gloves, and anything worn for religious reasons – like a veil or turban. If they do, they must take you somewhere out of public view.

If the officer wants to remove more than jacket and gloves they must be the same sex as you. This may happen at a police station (even if you’re not arrested).

What is written down on the search record

After you are searched (if you are not arrested) the officer should give you a record which includes:

what they were looking for and if anything was found
why you were searched
the date, time and place of the search
the identity of the officer carrying out the search

If they can’t give you a record at the time, they should give you a ‘receipt’ which tells you how to get one.

Normally, the police can’t enter your home (or private property) without your permission, unless:

they’re chasing someone who’s committed a serious crime – like robbery or assault
they’re stopping serious damage to your property
they hear a ‘cry for help’ or someone in distress
they have permission to enter your home from a court

The police need reasonable grounds to suspect you may be involved in a crime

You can be arrested anywhere and at any time, including:

on the street
in your home
at work

The police need ‘reasonable grounds’ to suspect you are, or may be, involved in a crime to be able to arrest you.

If the police arrest you, they must:

identify themselves as the police
tell you that you’re being arrested
tell you what crime they think you have committed
explain why it’s necessary to arrest you
explain to you that you’re not free to leave

If you try to escape or become violent, the police can use ‘reasonable force’ – for example, holding you down so you can’t run off. You can also be handcuffed.

The police can also search you when you’re arrested.

After arrest, you will be taken to a police station and held in custody. This means you are not free to leave.

See ‘Your rights at a police station’ to find out more about what happens when you’re arrested, being questioned and your rights.