What is the law?
The law is set of rules that have been created to make it clear to everybody exactly what rights they have and what their responsibilities are.
The idea is that if people follow the rules and do not break the law, we should all be able to live together safely and peacefully.
The set of rules or laws that we have in this country have been developed over many years. New laws are still being created and old laws can be changed and updated from time to time.
The police do not make the law. Laws are created by the government and by the courts. When we talk about a person doing something 'illegal' or 'against the law' we mean that they are not following the rules and are 'breaking the law'.
The police are responsible for
- Stopping people from breaking the law in the first place
- Finding out about anyone who has broken the law or who is planning to break the law.
Can an officer stop me? A police officer has the right to stop and speak to you at any time.
Stop and Account
If an officer stops you in a public place and asks you to explain:
• what you are doing
• why you are behaving in a certain way
• why you are in that particular place
• why you have a particular item in your possession
Then this is known as a 'stop and account' because the officer has stopped you and asked you to account for yourself.
If an officer speaks to you it does not necessarily mean that they believe you have done anything wrong. The officer may be offering to help you, or may be asking for your help with something. If this is the case, it is not a stop and account.
Stop and Search
A 'stop and search' happens if, you are stopped by an officer and they ask to see what is in your pockets or bag etc. This may happen if an officer suspects you are carrying:
• drugs
• stolen property
• weapons
• items which could be used to commit a crime
If an officer suspects that you are carrying drugs, an offensive weapon or stolen property, you can be searched in any public place.
Where can I be stopped and searched?
If an officer suspects that you have committed a serious crime the police can stop and search you anywhere.
A Police officer can also stop any vehicle being driven on the road.
If you are stopped when driving you may be asked to take your driving licence, MOT certificate and insurance certificate to a police station or the officer may examine the vehicle to make sure it is safe to be on the road.
If you are stopped, you have the right to know:
The name of the officer who has stopped you
Which police station they come from
The reason why they have stopped you.
The officer should tell you all of these things.
The officer should also treat you with respect. Police officers have to fill out a form for every 'stop and account' and 'stop and search' that they do. To help the officer complete the form they will ask for details such as your name, address and date of birth.
There are three reasons why an officer has to complete a form:
So that they can give you a copy so that you know exactly why you have been stopped
So that the people who make sure that the police officers are doing their job properly can check that officers are only stopping people for the right reasons
So that information can be collected which can help the police to fight crime
Everyone wants to feel safe in their community. The police use 'stops' to help them prevent crimes and to detect crimes. By stopping someone, the police officer may discover the person is committing a crime or they may find out some information which will help them to prevent a crime happening in the future.
A police officer should only use stop and account or stop and search if they believe they have a good reason to do so.
Your rights
If you are stopped by a police officer you should be treated fairly and with respect. If you are unhappy with how you were treated, you have the right to complain.
You can make your complaint by contacting Cumbria Constabulary
If you would prefer not to contact the police directly you can contact one of...
Cumbria Police Authority or Independent Police Complaints Comission