Here's a few things to bear in mind if you come in to contact with the police.
Being stopped
When coming in to contact with the police you have to give them your correct name and address if asked. It's then up to you whether or not you answer other questions. Giving information which is misleading or wrong is a bad idea because you could be committing the offence of 'obstructing a police officer in the lawful execution of his/her duty'.
If you do get stopped by police officers, you are entitled to know their names, numbers, police station and the reason for which you were stopped. The police have the right to interview you if you are a witness or are the accused.
Public places
Did you know that the police can ask you and your friends to move on if you are in the street?
Rather than going off on one, keep calm and do what you are asked, or you could be arrested for causing a Breach of the Peace. Breach of the Peace covers lots of stuff e.g. if your behaviour creates a disturbance or gives rise to a belief that disturbance will occur. So swearing and shouting insults, and in some cases, even the types of badges you wear, or a football scarf may give rise to a Breach of the Peace.
Remember too, that the police are duty bound to follow up any complaints from members of the public. They have to respond to every call.
If you feel that you have been unfairly treated by the police then try to remember the police constable's number (on their shoulder), and write to the Chief Constable of the police force concerned. Keep a copy of your letter. Your complaint will be investigated.
Searches
If the police want to search you, you are entitled to find out why. However if the police have reasonable suspicion that you are carrying illegal drugs or a weapon, they are allowed to search you. The colour of your skin, your clothes, hairstyle or age are not valid reasons to search you.
Only your outer clothing can be searched in public. If the police want to search beneath your outer clothing it must be done out of public view by an officer of your own sex. Intimate body searches can only be done if you have been arrested and only by someone who is medically qualified.
The police can search your house:
- if they have a warrant/court permission.
- if they have reason to believe they might find someone who has committed an arrestable offence.
- to look for evidence in connection with this.
- to catch an escaped prisoner.
- to save life.
- to prevent serious property damage.
- to prevent disturbance.
Are you uncertain about whether or not the police are acting lawfully? Firstly go along with the search and then get advice later about whether or not they acted lawfully. Refusing a search is not a crime but it probably will result in you being arrested and taken to the police station anyway.
The police must normally make a written record of the search (including the reason for the search, what they were looking for, time, date and location, name of officer doing the search, the results of the search and any damage to property). You can ask the police station for a copy of the search record up to one year after it was written.
The police have the power to detain a person for the purpose of the search, but once it's conducted the police must take further action (i.e. arrest) or release the person.
Going to a police station
You only have to go to the station if the police say you are being detained or arrested.
If you are under 16, your parents/guardians must be sent for immediately by the police, and you will usually be allowed to see them. Although other people may come to see you, the police can refuse that contact.
The police are not allowed to question you without you having legal representation present. You need a solicitor to protect your interests and tell you what to do if you are suspected of a crime or if you just feel you are 'out of your depth'. If you are at a police station voluntarily to answer a few routine questions, or to help the police in one of their enquiries you may not need to have a lawyer, or solicitor present. You can get legal help by phoning a solicitor you know or asking for the use of the duty solicitor.
If you go to the station voluntarily, make sure you sign a form stating this fact, including where and for how long you were there - you can leave at any time and can choose whether or not to agree to being searched or fingerprinted.
Being detained
If a police officer says you are being detained it means that they are using powers given to them by the Criminal Procedure (Scotland) Act 1995 Section 14. The police officer can then insist that you go with them to a police station. For this to happen you must be suspected of committing an offence and the officer must say why you are being detained. Even if you think you should not be detained, it is wise not to resist. You can complain when you arrive at the police station.
You may only be detained for twelve hours from this time. You must have a solicitor present when being questioned by the police. If you do not have one you should always ask for the duty solicitor to be contacted.
The police must keep records about the detention and tell you when the twelve hours are up. Your detention may end only for you to be arrested.
While you are detained you may:
- be searched, fingerprinted, photographed and have DNA samples taken. Note: fingerprints and photographs will be destroyed if you are not charged with an offence or you are later proved innocent (unless it is a very serious crime). You should not be subjected to any other physical examination unless the police have a warrant.
- have a named person e.g. parent/guardian informed of your detention/arrest.
- be questioned - but you do not have to give any information other than your name and address.
- ask for the general nature of their suspicion as to why you have been detained.
Social