The Police and The Courts
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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
A reprimand is an official warning, or telling off, not to get into trouble again. If it’s the first time you’ve been in trouble and admit the crime, the police can decide not to charge you. They can give you a reprimand instead if the crime is only minor. If you already have a reprimand, or it is a serious offence you may get a final warning.
A reprimand is given by a senior police officer at the police station and your parent or guardian has to attend this interview.
Going to court
Being called as a witness
If the police call you as a witness, you will have to go to court. This means you must have time off school, college or work. If you're nervous about giving evidence, a parent or older relative can go with you, but they won't be allowed to stand next to you when you give your evidence.
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)
An ASBO is an order made by the Magistrate’s Court to prevent you from doing anything that is not allowed in the order, such as to continue to cause a nuisance to others or to go to a particular place or places.
An ASBO can be made against anyone aged 10 or over who has been involved in anti-social behaviour more than once. The order will last at least two years and for a maximum of five years.
It is an offence to disobey an ASBO and you can be brought before the court and sentenced to up to six months’ imprisonment in the Magistrates’ Court or up to five years in the Crown Court.
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.
www.rizer.co.uk - Rizer is a website for young people, which explains all aspects of the criminal justice system including the processes and people involved.
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
A reprimand is an official warning, or telling off, not to get into trouble again. If it’s the first time you’ve been in trouble and admit the crime, the police can decide not to charge you. They can give you a reprimand instead if the crime is only minor. If you already have a reprimand, or it is a serious offence you may get a final warning.
A reprimand is given by a senior police officer at the police station and your parent or guardian has to attend this interview.
Going to court
Being called as a witness
If the police call you as a witness, you will have to go to court. This means you must have time off school, college or work. If you're nervous about giving evidence, a parent or older relative can go with you, but they won't be allowed to stand next to you when you give your evidence.
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)
An ASBO is an order made by the Magistrate’s Court to prevent you from doing anything that is not allowed in the order, such as to continue to cause a nuisance to others or to go to a particular place or places.
An ASBO can be made against anyone aged 10 or over who has been involved in anti-social behaviour more than once. The order will last at least two years and for a maximum of five years.
It is an offence to disobey an ASBO and you can be brought before the court and sentenced to up to six months’ imprisonment in the Magistrates’ Court or up to five years in the Crown Court.
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.
www.rizer.co.uk - Rizer is a website for young people, which explains all aspects of the criminal justice system including the processes and people involved.