Your Rights and the Law
As a loyal subject of Genovia, you are guaranteed certain rights under the Law. This section explains some of those rights.
Police powers to stop and search: your rights
The police have powers to stop and question you at any time - they can search you depending on the situation. A police officer doesn’t always have to be in uniform but if they’re not wearing uniform they must show you their police badge and warrant card.
Stop and question: police powers
A police officer has powers to stop you at any time and ask you:
what you're doing
why you're in an area and/or where you are coming from and going
However, you don’t have to answer any questions the police officer asks you. You have the right to ask them for identification before answering any questions.
Stop and search: police powers
A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying:
illegal drugs
a weapon
stolen property
something that could be used to commit a crime, e.g. a crowbar
You can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer. This can happen if it is suspected that:
serious violence can take place
you're carrying a weapon or have used one
you're in a specific location or area
You have the right to request a police officer of the same sex to search you, however if the police officer's safety is in question they may conduct a preliminary search and detain you before you request is carried out.
Before you’re searched
Before you’re searched the police officer must tell you:
their name and police station
what they expect to find, e.g. drugs
the reason they want to search you, e.g. it looks like you’re hiding something
why they are legally allowed to search you
that you can have a record of the search and if this isn’t possible at the time, how you can get a copy
If you are arrested, the police will search you and do not need to have 'reasonable grounds'.
Removing clothing: police powers
A police officer can ask you to take off your coat, jacket, hat, or gloves. The police might ask you to take off other clothes and anything you’re wearing for religious reasons - e.g. a veil or turban. If they do, they must take you somewhere out of public view. If the officer wants to remove more than a jacket and gloves they must be the same sex as you.
Before you’re searched
For police safety, a police officer has the power to detain you before and after you are searched. You may be placed in handcuffs and placed in the back of a police vehicle. Being detained does not mean you are being arrested.
The police have powers to stop and question you at any time - they can search you depending on the situation. A police officer doesn’t always have to be in uniform but if they’re not wearing uniform they must show you their police badge and warrant card.
Stop and question: police powers
A police officer has powers to stop you at any time and ask you:
what you're doing
why you're in an area and/or where you are coming from and going
However, you don’t have to answer any questions the police officer asks you. You have the right to ask them for identification before answering any questions.
Stop and search: police powers
A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying:
illegal drugs
a weapon
stolen property
something that could be used to commit a crime, e.g. a crowbar
You can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer. This can happen if it is suspected that:
serious violence can take place
you're carrying a weapon or have used one
you're in a specific location or area
You have the right to request a police officer of the same sex to search you, however if the police officer's safety is in question they may conduct a preliminary search and detain you before you request is carried out.
Before you’re searched
Before you’re searched the police officer must tell you:
their name and police station
what they expect to find, e.g. drugs
the reason they want to search you, e.g. it looks like you’re hiding something
why they are legally allowed to search you
that you can have a record of the search and if this isn’t possible at the time, how you can get a copy
If you are arrested, the police will search you and do not need to have 'reasonable grounds'.
Removing clothing: police powers
A police officer can ask you to take off your coat, jacket, hat, or gloves. The police might ask you to take off other clothes and anything you’re wearing for religious reasons - e.g. a veil or turban. If they do, they must take you somewhere out of public view. If the officer wants to remove more than a jacket and gloves they must be the same sex as you.
Before you’re searched
For police safety, a police officer has the power to detain you before and after you are searched. You may be placed in handcuffs and placed in the back of a police vehicle. Being detained does not mean you are being arrested.
Police powers of arrest: your rights
To arrest you the police need reasonable grounds to suspect you’re involved in a crime for which your arrest is necessary. The police have powers to arrest you anywhere and at any time, including on the street, at home, or at work.
The police arrest procedure
If you’re arrested the police must:
identify themselves as the police
tell you that you’re being arrested
tell you what crime they think you’ve committed
explain why it’s necessary to arrest you
explain to you that you’re not free to leave
If you’re under 17 the police should only arrest you at school if it’s unavoidable, and they must inform your principal or headmaster. The police must also contact your parents, guardian, or carer as soon as possible after your arrival at the police station.
Police powers to use reasonable force
If you try to escape or become violent, the police can use ‘reasonable force’, e.g. holding you down so you can’t run off.
Police Safety
For police safety, when you are arrested you will be handcuffed and searched.
To arrest you the police need reasonable grounds to suspect you’re involved in a crime for which your arrest is necessary. The police have powers to arrest you anywhere and at any time, including on the street, at home, or at work.
The police arrest procedure
If you’re arrested the police must:
identify themselves as the police
tell you that you’re being arrested
tell you what crime they think you’ve committed
explain why it’s necessary to arrest you
explain to you that you’re not free to leave
If you’re under 17 the police should only arrest you at school if it’s unavoidable, and they must inform your principal or headmaster. The police must also contact your parents, guardian, or carer as soon as possible after your arrival at the police station.
Police powers to use reasonable force
If you try to escape or become violent, the police can use ‘reasonable force’, e.g. holding you down so you can’t run off.
Police Safety
For police safety, when you are arrested you will be handcuffed and searched.
When you're arrested
If you’re arrested, you’ll usually be taken to a police station, held in custody in a cell and then questioned. After you have been taken to a police station, you may be released or charged with a crime.
Your rights in custody
The custody officer at the police station must explain your rights. You have the right to:
get free legal advice
tell someone where you are
have medical help if you’re feeling ill
see the rules the police must follow (‘Codes of Practice’)
see a written notice telling you about your rights - e.g. regular breaks for food and to use the toilet.
You’ll be searched and your possessions will be kept by the police custody officer while you’re in the cell.
Young people under 17, vulnerable adults
If you’re under 17 or a vulnerable adult, the police must try to contact your parent, guardian, or carer. They must also find an ‘appropriate adult’ to come to the station to help you and be present during questioning and searching. An appropriate adult can be:
your parent, guardian, or carer
a social worker
another family member or friend aged 18 or over
a volunteer aged 18 or over
Your rights when being questioned
The police may question you about the crime you’re suspected of - this will be recorded. You don’t have to answer the questions but there could be consequences if you don’t. The police must explain this to you by reading you the police caution:
“You do not have to say anything. However, it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
How long you can be held in custody
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, e.g. murder. You can be held in custody without being charged in some cases for up to 7 days if
you are suspected of terrorism or if your actions place the public's safety in jeopardy.
When you can be released on bail
If there’s not enough evidence to charge you, you can be released on police bail. You don’t have to pay to be released on police bail, but you’ll have to return to the station for further questioning when asked.
If you’re charged and the police think there’s a risk that you may commit another offence, fail to turn up at court, intimidate other witnesses
or obstruct the course of justice, they can impose conditional bail. This means your freedom will be restricted in some way. For example, a curfew may be imposed on you if your offence was committed at night.
Giving fingerprints, photographs and samples
The police have the right to take photographs of you. They can also take fingerprints and a DNA sample (e.g. from a mouth swab or head hair root) from you as well as swab the skin surface of your hands and arms. They don’t need your permission to do this.
However, the police need both your permission and the authority of a senior police officer to take samples such as blood or urine, or to take dental impressions. This doesn’t apply when they take a blood or urine sample in connection with drink or drug driving.
Information from fingerprints and samples is stored in a police database. You have to write to your local police to have your personal information removed from the police database. However, they’ll only do this if an offence no longer exists or if anything in the police process (e.g. how you were arrested or detained) was unlawful.
Your right to free legal advice
You have the right to free legal advice (legal aid) if you are questioned at a police station. If you turn down the free legal advice, you can change your mind later.
If you have been arrested, you must be told about your right to free legal advice before you are questioned at a police station. You can:
ask for the police station’s ‘duty solicitor’ (they’re available 24 hours a day and independent of the police)
tell the police you would like legal advice - the police will contact the Public Defense Solicitor Call Centre (PDSCC)
ask the police to contact a solicitor (e.g. your own one)
For less serious offences (e.g. being disorderly) you may be offered legal advice over the phone, instead of a duty solicitor. The advice is free and independent of the police.
Being questioned without legal advice
Once you’ve asked for legal advice, the police can’t question you until you’ve got it - with some exceptions. The police can make you wait for legal advice in serious cases, but only if a senior officer agrees. The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected terrorism).
If you’re arrested, you’ll usually be taken to a police station, held in custody in a cell and then questioned. After you have been taken to a police station, you may be released or charged with a crime.
Your rights in custody
The custody officer at the police station must explain your rights. You have the right to:
get free legal advice
tell someone where you are
have medical help if you’re feeling ill
see the rules the police must follow (‘Codes of Practice’)
see a written notice telling you about your rights - e.g. regular breaks for food and to use the toilet.
You’ll be searched and your possessions will be kept by the police custody officer while you’re in the cell.
Young people under 17, vulnerable adults
If you’re under 17 or a vulnerable adult, the police must try to contact your parent, guardian, or carer. They must also find an ‘appropriate adult’ to come to the station to help you and be present during questioning and searching. An appropriate adult can be:
your parent, guardian, or carer
a social worker
another family member or friend aged 18 or over
a volunteer aged 18 or over
Your rights when being questioned
The police may question you about the crime you’re suspected of - this will be recorded. You don’t have to answer the questions but there could be consequences if you don’t. The police must explain this to you by reading you the police caution:
“You do not have to say anything. However, it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
How long you can be held in custody
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, e.g. murder. You can be held in custody without being charged in some cases for up to 7 days if
you are suspected of terrorism or if your actions place the public's safety in jeopardy.
When you can be released on bail
If there’s not enough evidence to charge you, you can be released on police bail. You don’t have to pay to be released on police bail, but you’ll have to return to the station for further questioning when asked.
If you’re charged and the police think there’s a risk that you may commit another offence, fail to turn up at court, intimidate other witnesses
or obstruct the course of justice, they can impose conditional bail. This means your freedom will be restricted in some way. For example, a curfew may be imposed on you if your offence was committed at night.
Giving fingerprints, photographs and samples
The police have the right to take photographs of you. They can also take fingerprints and a DNA sample (e.g. from a mouth swab or head hair root) from you as well as swab the skin surface of your hands and arms. They don’t need your permission to do this.
However, the police need both your permission and the authority of a senior police officer to take samples such as blood or urine, or to take dental impressions. This doesn’t apply when they take a blood or urine sample in connection with drink or drug driving.
Information from fingerprints and samples is stored in a police database. You have to write to your local police to have your personal information removed from the police database. However, they’ll only do this if an offence no longer exists or if anything in the police process (e.g. how you were arrested or detained) was unlawful.
Your right to free legal advice
You have the right to free legal advice (legal aid) if you are questioned at a police station. If you turn down the free legal advice, you can change your mind later.
If you have been arrested, you must be told about your right to free legal advice before you are questioned at a police station. You can:
ask for the police station’s ‘duty solicitor’ (they’re available 24 hours a day and independent of the police)
tell the police you would like legal advice - the police will contact the Public Defense Solicitor Call Centre (PDSCC)
ask the police to contact a solicitor (e.g. your own one)
For less serious offences (e.g. being disorderly) you may be offered legal advice over the phone, instead of a duty solicitor. The advice is free and independent of the police.
Being questioned without legal advice
Once you’ve asked for legal advice, the police can’t question you until you’ve got it - with some exceptions. The police can make you wait for legal advice in serious cases, but only if a senior officer agrees. The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected terrorism).
Being Charged with a Crime
If you are charged with a crime you will be given a ‘charge sheet’. This sets out the details of the crime you are being charged with. By Law you
are required to sign the charge sheet. By signing it does not mean you admit to being guilty or innocent, but simply that you understand the
charges that are being brought against you. The police, Court Magistrate, and Crown Prosecutors will decide if you:
can go home until the court hearing - but may have to follow certain rules, known as ‘bail’
are kept in police custody until you are taken to court for your hearing
Your first court hearing after you are charged with a crime will be at a Crown Court even if your trial will be at a High Court later on.
Bail
You can be released on bail at the police station after you’ve been charged. This means you will be able to go home until your court hearing. If
you are given bail, you might have to agree to conditions like:
living at a particular address
not contacting certain people
giving your passport to the police so you can’t leave the country
reporting to a police station at agreed times, e.g. once a week
If you don’t stick to these conditions you can be arrested again and be taken to prison to wait for your court hearing.
When you attend your hearing at Crown Court or a ‘virtual court’ using Video Conferencing Technology, you might be given bail again until your trial begins.
Reasons you may not be given bail
You’re unlikely to be given bail if:
you are charged with a serious offence, e.g. armed robbery
you’ve been convicted of a serious crime in the past
you’ve been given bail in the past and not stuck to the terms
the police think you may not turn up for your hearing
the police think you might commit a crime while you’re on bail
If you are not given bail, you will be put on remand.
Remand
If the court decides to put you on remand it means you will go to prison until your hearing at a Crown Court.
You will probably be put on remand if:
you are charged with a serious offence, e.g. armed robbery
you’ve been convicted of a serious crime in the past
you’ve been given bail in the past and not stuck to the terms
the police think you may not turn up for your hearing
the police think you might commit a crime while you’re on bail
When you attend your hearing at a Crown Court, you might be put on remand again until your trial begins, even if you were previously given bail.
If you are charged with a crime you will be given a ‘charge sheet’. This sets out the details of the crime you are being charged with. By Law you
are required to sign the charge sheet. By signing it does not mean you admit to being guilty or innocent, but simply that you understand the
charges that are being brought against you. The police, Court Magistrate, and Crown Prosecutors will decide if you:
can go home until the court hearing - but may have to follow certain rules, known as ‘bail’
are kept in police custody until you are taken to court for your hearing
Your first court hearing after you are charged with a crime will be at a Crown Court even if your trial will be at a High Court later on.
Bail
You can be released on bail at the police station after you’ve been charged. This means you will be able to go home until your court hearing. If
you are given bail, you might have to agree to conditions like:
living at a particular address
not contacting certain people
giving your passport to the police so you can’t leave the country
reporting to a police station at agreed times, e.g. once a week
If you don’t stick to these conditions you can be arrested again and be taken to prison to wait for your court hearing.
When you attend your hearing at Crown Court or a ‘virtual court’ using Video Conferencing Technology, you might be given bail again until your trial begins.
Reasons you may not be given bail
You’re unlikely to be given bail if:
you are charged with a serious offence, e.g. armed robbery
you’ve been convicted of a serious crime in the past
you’ve been given bail in the past and not stuck to the terms
the police think you may not turn up for your hearing
the police think you might commit a crime while you’re on bail
If you are not given bail, you will be put on remand.
Remand
If the court decides to put you on remand it means you will go to prison until your hearing at a Crown Court.
You will probably be put on remand if:
you are charged with a serious offence, e.g. armed robbery
you’ve been convicted of a serious crime in the past
you’ve been given bail in the past and not stuck to the terms
the police think you may not turn up for your hearing
the police think you might commit a crime while you’re on bail
When you attend your hearing at a Crown Court, you might be put on remand again until your trial begins, even if you were previously given bail.