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The Police And The Courts
Whether you’ve committed a crime or not, you could find yourself coming into contact with the police. You need to remember that you have the right to be treated fairly by them. This section explains what may happen and what your rights are, but you can also go to
www.direct.gov.uk/crime.
Stop and search
Police can use the power of stop and search to try to prevent crime in the local community. If you’re stopped by the police, it doesn’t mean you’ve done something wrong – they may just ask if you’ve seen anything suspicious happening in the area.
If you are stopped, the officer must tell you their name and the police station they work at. They must also tell you why you’ve been stopped.
If they think you have committed a crime that you can be arrested for, you must give them your name and address, but that’s all you need to say – you don’t have to say any more if you don’t want to.
The police can search you if they think you might be carrying stolen goods, an illegal substance or anything that could be used as a weapon. If they do search you, they must do this in a public place. They are also allowed to search the vehicle you are travelling in.
Being arrested
If you are arrested, you have the right to remain silent. You don’t have to say anything if you don’t want to, but if you go to court they will be told you kept silent and it could count against you.
It’s a good idea to get legal advice from a solicitor before you answer any questions. Whatever your age, you are entitled to speak to a free duty solicitor in the police station – always ask for their advice.
If you are under 17, you cannot be questioned at a police station without a parent or carer being present. If not, an ‘appropriate adult’ must be there, like a relative or family friend.
Reprimands, warnings and referral orders
If you're under 18 and you're found guilty of a minor crime, you may receive a reprimand or a warning from the police. This means that a note will be added to your police record.
The police will consider a number of things before deciding what punishment you'll receive. These include:
If it is your first offence, you could get a referral order, where the court will refer you to a youth offender panel made up of at least two volunteers from your community and a member of the Youth offending team.
If you are on trial
Cases involving under 18s are heard in Youth Courts by magistrates who have had special training in dealing with young defendants. If you are 18 or over, you will go to the Magistrates' Court. If the offence is very serious, you will be tried in a Crown Court, whatever your age.
Anti-Social Behaviour Order (ASBO)
If someone has committed a number of anti-social offences, they may be issued with an ASBO. Offences include excessive noise, particularly late at night, drunken behaviour in the streets, harassment of residents or passers-by, engaging in threatening behaviour in large groups, vehicle crime and graffiti.
Anyone over the age of 10 can receive one. ASBOs are court orders that can stop an offender going to a certain area or spending time with certain people. If an ASBO is issued, it will last for at least two years. However, the order is reviewed on a regular basis. This means that if someone's behaviour shows improvement, then certain conditions of the ASBO may be removed or changed. If you are subject to an ASBO, you will not get a criminal record unless a court finds you guilty of breaking the order.
If someone breaks the terms of an ASBO, they are committing a criminal offence. They can be arrested and the case will be heard in court. If the court finds the person guilty, the punishment will depend on the age of the person and how serious the offence was. People who break the terms of their ASBO and are found guilty may get a fine, a community sentence or spend time in custody.
Victims of crime
If you have been a victim of crime, you may have a whole range of feelings from fear to anger, stress, anxiety and possibly guilt. However you feel, there are people who can help get you through it. The Victim Supportline is a free and confidential help and advice service for anyone who has been affected by crime. Call them on 0845 30 30 900. The line is open from 9.00 am to 9.00 pm, Monday to Friday, from 9.00 am to 7.00 pm at weekends, and from 9.00 am to 5.00 pm on bank holidays.
Stop and search
Police can use the power of stop and search to try to prevent crime in the local community. If you’re stopped by the police, it doesn’t mean you’ve done something wrong – they may just ask if you’ve seen anything suspicious happening in the area.
If you are stopped, the officer must tell you their name and the police station they work at. They must also tell you why you’ve been stopped.
If they think you have committed a crime that you can be arrested for, you must give them your name and address, but that’s all you need to say – you don’t have to say any more if you don’t want to.
The police can search you if they think you might be carrying stolen goods, an illegal substance or anything that could be used as a weapon. If they do search you, they must do this in a public place. They are also allowed to search the vehicle you are travelling in.
Being arrested
If you are arrested, you have the right to remain silent. You don’t have to say anything if you don’t want to, but if you go to court they will be told you kept silent and it could count against you.
It’s a good idea to get legal advice from a solicitor before you answer any questions. Whatever your age, you are entitled to speak to a free duty solicitor in the police station – always ask for their advice.
If you are under 17, you cannot be questioned at a police station without a parent or carer being present. If not, an ‘appropriate adult’ must be there, like a relative or family friend.
Reprimands, warnings and referral orders
If you're under 18 and you're found guilty of a minor crime, you may receive a reprimand or a warning from the police. This means that a note will be added to your police record.
The police will consider a number of things before deciding what punishment you'll receive. These include:
- whether you've been reprimanded or warned before
- how serious the offence was
- the number of offences you've committed
If it is your first offence, you could get a referral order, where the court will refer you to a youth offender panel made up of at least two volunteers from your community and a member of the Youth offending team.
If you are on trial
Cases involving under 18s are heard in Youth Courts by magistrates who have had special training in dealing with young defendants. If you are 18 or over, you will go to the Magistrates' Court. If the offence is very serious, you will be tried in a Crown Court, whatever your age.
Anti-Social Behaviour Order (ASBO)
If someone has committed a number of anti-social offences, they may be issued with an ASBO. Offences include excessive noise, particularly late at night, drunken behaviour in the streets, harassment of residents or passers-by, engaging in threatening behaviour in large groups, vehicle crime and graffiti.
Anyone over the age of 10 can receive one. ASBOs are court orders that can stop an offender going to a certain area or spending time with certain people. If an ASBO is issued, it will last for at least two years. However, the order is reviewed on a regular basis. This means that if someone's behaviour shows improvement, then certain conditions of the ASBO may be removed or changed. If you are subject to an ASBO, you will not get a criminal record unless a court finds you guilty of breaking the order.
If someone breaks the terms of an ASBO, they are committing a criminal offence. They can be arrested and the case will be heard in court. If the court finds the person guilty, the punishment will depend on the age of the person and how serious the offence was. People who break the terms of their ASBO and are found guilty may get a fine, a community sentence or spend time in custody.
Victims of crime
If you have been a victim of crime, you may have a whole range of feelings from fear to anger, stress, anxiety and possibly guilt. However you feel, there are people who can help get you through it. The Victim Supportline is a free and confidential help and advice service for anyone who has been affected by crime. Call them on 0845 30 30 900. The line is open from 9.00 am to 9.00 pm, Monday to Friday, from 9.00 am to 7.00 pm at weekends, and from 9.00 am to 5.00 pm on bank holidays.