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The police and the courts

Stop and search

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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.

Community sentencing

If you're under 18 and 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.

A magistrate or a judge 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.

Community sentences are used to deal with minor crimes, and include reprimands, warnings, Youth Rehabilitation Orders, and referral orders. Community sentencing concentrates on making sure people do not commit more offences.

If you’re 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

Anti-social behaviour can cause stress for those affected by it and make a community really unpleasant to live in. Anti-social behaviour is anything that causes damage to a community or affects the lives of people living there. Offences include vandalism, graffiti, nuisance neighbours, and intimidating behaviour.

To make a community safer and more pleasant to live in, there are a number of new powers the police, local authorities, and housing associations have to help stamp out anti-social behaviour. These include Acceptable Behaviour Contracts (ABCs), Anti-Social Behaviour Orders (ASBOs), dispersal orders, and penalty notices.

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. Victim Support is a free and confidential help and advice service for anyone who has been affected by crime. Call them on 0845 30 30 900, or visit their website.

For more information on your rights, go to Need to Know.

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This page was printed from the Connexions Cornwall and Devon website at http://www.connexions-cd.org.uk