Police Powers & Your Rights

Principles of Policing and Human Rights

Police officers must act:

• Lawfully.
• Fairly.
• Impartially.
• Proportionately.
• Accountably.
• Respectfully.

Police powers are subject to legal safeguards and oversight.

Relevant legislation may include:

• Police and Criminal Evidence Act 1984 (PACE)
• Human Rights Act 1998
• Equality Act 2010
• Data Protection Act 2018
• Criminal Justice and Public Order Act 1994

PACE Information

https://www.legislation.gov.uk/ukpga/1984/60/contents

Stop and Search

What is Stop and Search?

Police may stop and search individuals where legal powers exist.

A stop and search may be used where an officer has grounds to suspect that a person may be carrying:

• Stolen property.
• Weapons.
• Drugs.
• Items linked to criminal activity.
• Certain prohibited items.

Specific legislation may also allow searches in particular circumstances.

Your Rights During Stop and Search

Generally, you should be told:

• The officer's name or identification number.
• The police station they are attached to.
• Why you are being searched.
• The legal power being used.
• What they are searching for.

You may request a record of the search.

Stop and Search Information

https://www.gov.uk/police-powers-to-stop-and-search-your-rights

Arrest Rights

What is an Arrest?

Police may arrest someone where legal grounds exist.

Arrest does not mean someone is guilty of an offence.

A person is presumed innocent unless proven guilty by a court.

Rights Following Arrest

Individuals generally have rights including:

• Being informed of the reason for arrest.
• Access to legal advice.
• Medical assistance where required.
• Information about rights while detained.
• Having someone informed of their detention where appropriate.

Rights in Police Custody

https://www.gov.uk/arrested-your-rights

Voluntary Interviews

What is a Voluntary Interview?

A voluntary interview is an interview conducted without arrest.

Individuals are usually invited to attend voluntarily to answer questions.

Voluntary interviews can still form part of a criminal investigation.

Rights During Voluntary Interviews

Individuals generally have rights to:

• Legal representation.
• Understand the allegations.
• Receive appropriate support where required.
• Leave unless other lawful powers are exercised.

Legal advice should always be considered.

Police Interviews

Interviews Under Caution

Police may interview individuals under caution as part of an investigation.

The caution explains that:

• Individuals do not have to answer questions.
• What is said may be used as evidence.
• There may be consequences in some circumstances if relevant information is not disclosed.

Interviews should be conducted fairly and lawfully.

Crown Prosecution Service

https://www.cps.gov.uk

Legal Representation

Right to Legal Advice

Individuals being questioned by police generally have the right to free legal advice.

A solicitor can:

• Explain rights.
• Provide legal advice.
• Attend interviews.
• Help understand procedures.

Legal Aid Agency

https://www.gov.uk/government/organisations/legal-aid-agency

Find a Solicitor

https://solicitors.lawsociety.org.uk

Appropriate Adults

Support for Vulnerable Individuals

Certain individuals may be entitled to support from an Appropriate Adult during police procedures.

This may apply to:

• Children and young people.
• People with learning disabilities.
• People with mental health difficulties.
• Vulnerable adults.

The role is to help ensure fairness and understanding during police procedures.

National Appropriate Adult Network

https://www.appropriateadult.org.uk

Police Cautions

What is a Police Caution?

A caution is one way some cases may be dealt with without a court trial.

A caution is not available in all circumstances and legal advice should be considered before accepting one.

A caution may have future consequences and may appear on certain criminal record checks depending on circumstances.

Government Information

https://www.gov.uk/cautions-warnings-and-penalties

Police Bail

What is Bail?

A person may be released from custody while investigations continue.

This may occur:

• With conditions.
• Without conditions.

Conditions may be imposed where legally justified and proportionate.

Examples may include:

• Residence requirements.
• Non-contact conditions.
• Attendance requirements.

Bail Information

https://www.gov.uk/guidance/pre-charge-bail

Police Records

Information Held by Police

Police may hold information relating to:

• Crime reports.
• Investigations.
• Arrests.
• Convictions.
• Intelligence records.
• Custody records.

Not all police information indicates guilt or criminal responsibility.

Accessing Your Information

Individuals may have rights to request information held about them.

Subject Access Requests

https://www.gov.uk/request-information-from-the-police

Information Commissioner's Office

https://ico.org.uk

Criminal Records Checks

DBS Checks

Disclosure and Barring Service (DBS) checks may be required for certain jobs or volunteer roles.

Types include:

• Basic DBS.
• Standard DBS.
• Enhanced DBS.

DBS Information

https://www.gov.uk/government/organisations/disclosure-and-barring-service

Complaints Against Police

Making a Complaint

Individuals can make complaints about police conduct where they believe:

• Procedures were not followed.
• They were treated unfairly.
• Behaviour was inappropriate.
• Standards were not met.

Complaints should be investigated fairly and independently where appropriate.

How to Complain

Complaints can usually be made:

• Directly to the police force concerned.
• Through online reporting systems.
• Through independent oversight bodies where appropriate.

Police Complaints Information

https://www.policeconduct.gov.uk

Independent Office for Police Conduct (IOPC)

Independent Oversight

The Independent Office for Police Conduct oversees the police complaints system in England and Wales.

The IOPC may:

• Review serious complaints.
• Conduct investigations.
• Oversee investigations by police forces.

IOPC

https://www.policeconduct.gov.uk

Police Accountability

Accountability and Public Confidence

Police officers and police forces are accountable through:

• The law.
• Professional standards.
• Independent oversight.
• Courts.
• Inspectors and regulators.
• Democratic processes.

Accountability helps maintain public trust and confidence.

HM Inspectorate of Constabulary and Fire & Rescue Services

https://www.justiceinspectorates.gov.uk/hmicfrs

Equality, Human Rights & Fair Treatment

Protection Under the Law

Everyone is entitled to:

• Equal treatment under the law.
• Protection from discrimination.
• Access to legal advice.
• Fair investigation procedures.
• Respect for privacy.
• Freedom from unlawful interference.
• Due process.
• Access to justice.

Police powers should always be exercised lawfully, proportionately and fairly.

Equality and Human Rights Commission

https://www.equalityhumanrights.com

Human Rights Act 1998

https://www.legislation.gov.uk/ukpga/1998/42/contents

Additional Police Powers, Accountability & Rights Information

Use of Force

When Can Police Use Force?

Police officers may only use force when it is:

• Lawful.
• Necessary.
• Proportionate.
• Reasonable in the circumstances.

Examples may include:

• Preventing harm.
• Preventing crime.
• Making an arrest.
• Protecting life.
• Preventing escape.

Force should always be the minimum necessary to achieve a lawful objective.

College of Policing

https://www.college.police.uk

Police Body-Worn Cameras

Body-Worn Video

Many police officers use body-worn video cameras.

These may help:

• Record evidence.
• Improve accountability.
• Increase transparency.
• Protect officers and members of the public.

Recordings must be managed in accordance with data protection laws.

Information Commissioner's Office

https://ico.org.uk

Search Warrants

What is a Search Warrant?

A search warrant is legal authority allowing police to enter and search premises in certain circumstances.

A warrant is normally authorised by a court.

Police should explain:

• The reason for the search.
• The legal authority being used.
• What is being searched for.

Government Guidance

https://www.gov.uk

Entry to Property

Police Powers of Entry

Police may enter property:

• With consent.
• Under a warrant.
• In emergencies.
• To protect life.
• To prevent serious harm.
• Under specific legal powers.

Entry powers are subject to legal safeguards.

Seizure of Property

Property Taken by Police

Police may seize items when lawful powers exist.

Examples include:

• Evidence.
• Stolen property.
• Illegal items.
• Property linked to offences.

Individuals should normally receive information regarding seized property and procedures for recovery where appropriate.

DNA, Fingerprints & Biometrics

Collection of Biometric Information

Police may obtain:

• Fingerprints.
• DNA samples.
• Photographs.
• Biometric information.

Strict legal rules govern:

• Retention.
• Storage.
• Use.
• Deletion.

Biometrics Commissioner

https://www.gov.uk/government/organisations/biometrics-and-surveillance-camera-commissioner

Police Custody Rights

Rights While in Custody

People detained in police custody generally have rights including:

• Free legal advice.
• Medical assistance.
• Information about detention.
• Food and drink.
• Rest periods.
• Access to an appropriate adult where required.

Rights in Custody

https://www.gov.uk/arrested-your-rights

Youth Justice & Children's Rights

Young People and Police Contact

Children and young people have additional safeguards when interacting with police.

Support may include:

• Appropriate adults.
• Child-centred procedures.
• Youth justice services.
• Safeguarding assessments.

The welfare of children should always be considered.

Youth Justice Board

https://www.gov.uk/government/organisations/youth-justice-board-for-england-and-wales

Appropriate Adults

Additional Support

An Appropriate Adult may assist:

• Children.
• Vulnerable adults.
• Individuals with communication difficulties.

Their role is to:

• Support understanding.
• Protect rights.
• Promote fairness.

National Appropriate Adult Network

https://www.appropriateadult.org.uk

Counter-Terrorism Powers

Public Protection and Security

Police have specific powers relating to terrorism prevention and investigation.

These powers are subject to:

• Legal safeguards.
• Judicial oversight.
• Human rights protections.

Counter-terrorism powers should be exercised proportionately and lawfully.

Counter Terrorism Policing

https://www.counterterrorism.police.uk

Public Order & Protest Rights

Freedom of Assembly

People have rights to:

• Peaceful protest.
• Freedom of expression.
• Freedom of assembly.

These rights may be subject to lawful restrictions where necessary for:

• Public safety.
• Prevention of crime.
• Protection of others' rights.

Human Rights Information

https://www.equalityhumanrights.com

Anti-Social Behaviour Powers

Addressing Community Concerns

Police and local authorities may use powers to address:

• Persistent nuisance.
• Harassment.
• Community disorder.
• Public safety concerns.

Interventions should be proportionate and lawful.

Government Guidance

https://www.gov.uk/guidance/anti-social-behaviour-asb-case-review-also-known-as-the-community-trigger

Community Resolutions

Alternative Outcomes

Some lower-level incidents may be resolved through community resolutions.

These may involve:

• Apologies.
• Restorative approaches.
• Agreements.
• Education.

Community resolutions are not suitable for all offences.

Criminal Records & DBS Checks

Understanding Criminal Records

Information may be disclosed for certain employment and volunteering roles through DBS checks.

Levels include:

• Basic.
• Standard.
• Enhanced.

Disclosure and Barring Service

https://www.gov.uk/government/organisations/disclosure-and-barring-service

Disclosure of Information

Information Sharing

Police may share information where lawful and necessary.

Information sharing should:

• Protect individuals.
• Support safeguarding.
• Prevent crime.
• Respect privacy rights.

Data Protection Information

https://ico.org.uk

Data Protection & Police Records

Your Information Rights

Individuals may have rights to:

• Access information.
• Request corrections.
• Raise complaints.
• Understand how information is used.

Subject Access Requests

https://www.gov.uk/request-information-from-the-police

Information Commissioner's Office

https://ico.org.uk

Independent Custody Visitors

Independent Oversight

Independent Custody Visitors make unannounced visits to police custody suites.

They help ensure:

• Detainee welfare.
• Fair treatment.
• Transparency.
• Accountability.

Independent Custody Visiting Association

https://icva.org.uk

Coroners & Deaths Following Police Contact

Independent Investigation

Deaths following police contact may involve:

• Coroner investigations.
• Independent oversight.
• Inquests.
• Formal reviews.

The purpose is to establish facts and promote accountability.

Coroner Information

https://www.gov.uk/after-a-death/when-a-death-is-reported-to-a-coroner

Misconduct Proceedings

Professional Standards

Police officers are expected to meet professional standards.

Concerns may involve:

• Conduct.
• Integrity.
• Abuse of authority.
• Discrimination.
• Use of force.

Investigations may be conducted by:

• Police Professional Standards Departments.
• Independent Office for Police Conduct (IOPC).

IOPC

https://www.policeconduct.gov.uk

Police and Mental Health

Supporting Vulnerable People

Police often work alongside:

• NHS services.
• Mental health teams.
• Social services.
• Safeguarding agencies.

The aim should be:

• Safety.
• Appropriate care.
• Protection of rights.
• Least restrictive intervention.

NHS Mental Health

https://www.nhs.uk/mental-health

Rights of Victims and Witnesses

Support and Protection

Victims and witnesses have rights including:

• Information.
• Support services.
• Protection measures.
• Victim personal statements.
• Access to justice.

Victims' Code

https://www.gov.uk/government/publications/the-code-of-practice-for-victims-of-crime

Victim Support

https://www.victimsupport.org.uk

Human Rights & Legal Safeguards

All policing powers should be exercised consistently with:

• Human Rights Act 1998.
• Equality Act 2010.
• Police and Criminal Evidence Act 1984.
• Data Protection Act 2018.
• UK GDPR.

Everyone has rights including:

• Fair treatment.
• Privacy.
• Freedom from discrimination.
• Access to justice.
• Legal representation.
• Freedom of expression within the law.
• Peaceful assembly.
• Due process.

Police accountability and public confidence are strengthened when powers are exercised lawfully, fairly, transparently and proportionately.

Key Message

Police powers exist to protect the public, prevent crime and maintain safety. Those powers are balanced by important legal safeguards, human rights protections and accountability mechanisms.

Understanding your rights can help ensure that interactions with police are fair, lawful and respectful while supporting effective policing and community safety.

Support for Victims, Witnesses and Families

Additional Support

Support may be available through:

Victim Support

https://www.victimsupport.org.uk

Telephone:

0808 168 9111

Citizens Advice

https://www.citizensadvice.org.uk

Law Society

https://solicitors.lawsociety.org.uk

Useful Resources

Police Information

https://www.police.uk

Government Rights Information

https://www.gov.uk/arrested-your-rights

https://www.gov.uk/police-powers-to-stop-and-search-your-rights

Legal Support

https://solicitors.lawsociety.org.uk

https://www.gov.uk/legal-aid

Police Complaints

https://www.policeconduct.gov.uk

Data Protection

https://ico.org.uk

Important Notice

This website provides general information only and does not provide legal advice, representation or police services.

If you require legal advice about a specific case, seek assistance from a qualified solicitor or accredited legal adviser.

If there is an emergency or immediate risk to life, call 999.

Information should always be checked against current legislation, official government guidance and professional legal advice, as laws and procedures may change.