Caught by the Fuzz...Stop & Search & Your Rights  If you ask most people our age about their opinions of the police, you're most likely to get answers that are extremely negative. In general people have a low opinion of the police due to the poor picture that has been painted by the media and also due to personal experience. Not only that but incidents like the Stephen Lawrence case have branded a certain part of the police force as 'institutionally racist' and studies into the police 'canteen culture' have portrayed elements of the police as immensely bigoted and clique.
 However it is important to remember that the police have a very important and difficult job in society and it is the difficulty of it that can cause friction and create the 'us and them' atmosphere, which influences our opinions. Without the police, regardless of what your opinions may be, society would not function and there would be no law and order. It also useful to remember that is, if it wasn't for us then the police would not get very far in their investigations, our information is essential and shows hoe by working with the police the outcomes can be very positive.
 Ok, you've given me all the stuff about how important their jobs are but how do I deal with them if I get stopped in the street?
Well if you're stopped then you are absolutely entitled to know why exactly and if it's because of your race, colour, sex or the way you look then they haven't got any good reason and you can take action against them, especially if they're acting against their disciplinary code. Action? Yeah, you are entitled to know which station the police officer is from and his full name and you can report them if they brake their code. The code specifies that they must obey the law like anyone else, they can't make false statements, can't misuse their authority, can't abuse or be rude or discriminate towards people. If these are broken at any stage of the legal process then the officer can get disciplined. So if this happens what do I do? Well you can make an official compliant against them but you must do it within one year of it happening. The best thing to do before complaining is to sort out in your mind exactly what happened and then discuss it with someone like a solicitor or Citizen's Advice Bureau bod. To make the complaint you can go to the local police station or write to the Chief of Police for that Area. This could lead to you getting an apology and an explanation of why it occurred, but if you're not happy with that, or the complaint is very serious then there will be a full investigation by a senior officer. See the links and number sections to see how to get in touch with the Police complaints authority. Anyway so when I'm stopped in the street what do I do?  Well you don't have to answer their questions but if they think you've got something to hide you could get arrested if you don't give your name and address. If you've been stopped because they believe you've committed/committing or going to commit an arrestable offence you have the right to silence until you get legal assistance BUT you must give your name and address.
Also it's best to stay calm and to be civil, even if they're stopping you for no reason or a wrong reason you could get into trouble by messing them about, swearing at them or making stuff up. REMEMBER you can always take action later against them if they're stopping you for the wrong reasons. So can they search me as well, if they stop? NO, they can only do this if you have been arrested or they think you might be carrying something that is going to be used to commit crime or weapons or have drugs or stolen stuff on you.  So can they take my clothes off and stuff?
Only if out of the view of the public, like @ the station and if they are taking your clothes off it must be someone of the same sex as you doing it. How you're searched though will depend on what they're looking for. Again stay calm and ask for an explanation to why you're being searched, they should tell you beforehand and it must be clear why you're being searched. If this is not the case and they search you, they will be in serious trouble as THEY ARE COMMITTING ASSAULT. But make sure not to refuse if there is a good reason or you could be in trouble for obstructing the law. Is there anything else? Well search powers have been made greater for certain situations and can include stop and search in an area, even if there is no suspicion, if they believe some form of violence will take place. If you're stopped or searched this way or any other way you can get a copy of the record the police must make for up to a year.  What about searching where I live?
Well they can't do this without your permission or a warrant from the courts to search, though if they think there is a suspect inside, or evidence belonging to suspect inside, or a criminal inside or they're preventing harm in some way they might still enter. You should get a reason why you've been searched and a record of anything taken away and any damage caused, you may get some compensation if it was unlawful search but as usual this is unlikely. So that's what you need to know about Stop & Search & Your Rights now check out the following: The laws stated in this article apply only to England and Wales
by ChrisM
|
|
