The police are funded by all of us, through our tax (and or donor funding, supposedly), to uphold the law and prevent crime. The Police are at the forefront of preserving society, but what happens if we find ourselves in trouble with the police?
Indeed how many of us know our rights when dealing with the police or indeed take an interest in the work the Police do? Most of us probably only give this a thought when we are in trouble with the police, or when we are victims of crime.
We must acknowledge that the police do an important job and they should be applauded for putting their lives in harm’s way so we can live in a safe society. It is also important to stress that this article is in no way aimed at putting the police in a bad light but rather to hopefully educate and inform. Not every situation can be covered in this article and if you have problems with the police, you should always seek advice from a solicitor or the Legal Aid Department.
General powers of the police
Rules about police behaviour are set down in the police code of practice, and there are also laws about some of the things the police can and can’t do. If the police act in a way which does not comply with the law or the code of practice, it may mean you could sue them, that they could be prosecuted for committing a criminal offence, or that they could be disciplined.
Stop and search – When can the police stop and search you
The police can stop and search any person, vehicle, and anything in or on the vehicle for certain items. However, before they stop and search they must have reasonable grounds for suspecting that they will find stolen goods, or drugs, or an offensive weapon, or any article made or adapted for use in certain offences, for example a burglary or theft, or items which could damage or destroy property.
When the police stop and search you, they must explain to you what the grounds of that search is and what they think they might find when they search you. They need to identify themselves, if they’re in uniform that should be fairly straightforward to identify them. But if they’re in plain clothes then they must show you their police I.D. (warrant card) and also explain which police station they come from.
In all of these situations where the police have a right to stop and search, they should not require you to take off in public any clothing other than an outer coat, or jacket. A more thorough search or a strip search may take place in private, for example in a police van. A strip search must be made by a police officer of the same sex.
Can the police use force
The police can use reasonable force when they stop and search, but must make every effort to persuade you to co-operate. They should only use force as a last resort.
Remedies available to you following a police search
If you are stopped under the stop and search powers, you are not entitled to any damages or compensation for any loss of damage suffered in respect of the detention and of the seizure of anything found and seized unless where the police acted without reasonable cause.
Hopefully this article has shed some light on this topic. Till next time, keep well and stay on the right side of the law.Follow and Subscribe Nyasa TV :