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Your rights and the law

    
Consumer rights   Consumer rights and protection for goods and services - returning faulty goods, consumer credit, refunds.
Anti-social Behaviour Order (ASBO)   What happens if you're given an Anti-social Behaviour Order (ASBO) for causing harm, harassment, alarm or distress - being barred from certain places and people, and punishment, fines and detention for breaking the order.
Disability rights   Find out about protection for disabled people from discrimination at work, in education or dealing with the police
Definition of disability under the Equality Act 2010   You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on your ability to do daily activities.
How to make a freedom of information (FOI) request   How to make a request from public bodies and organisations under the Freedom of Information Act, how much it costs and how long it takes.
Discrimination: your rights   It is against the law to discriminate against anyone because of their sex, religion, disability or certain other personal characteristics.
Using reasonable force against intruders   The steps you can take to tackle an intruder or burglar in your own home - and what force you can use to defend yourself.
Get a police check on someone involved with a child   Visit your local police station to check the background of someone involved with a child to see if they have a record of sexual offences.
Knives: the laws on buying and carrying   The laws on buying and carrying a knife depend on the type of knife, your age and your circumstances.
Police powers to stop and search: your rights   The police have powers to stop and question you at any time - they can search you depending on the situation.
Police powers of arrest: your rights   The police's power of arrest and your rights - procedures, identification, reasonable force.
Being arrested: your rights   The police have to follow strict rules if you're arrested, questioned or charged with a crime - you can get legal advice at a police station.
Being charged with a crime   What happens when you are charged with a crime and told you have to go to court - bail, remand, custody.
Being stopped by the police while driving - your rights   Your rights if you're stopped by the police while driving - breath tests, motoring offences, faults with your vehicle, seizing your vehicle.
Complain about a legal adviser   Follow your legal adviser's complaints procedure or contact the Legal Ombudsman.
Police Community Support Officers   What a Police Community Support Officer (PCSO) does, what powers they have and how they differ from special constables.
Arrest or imprisonment abroad   Contact the local consulate, embassy or high commission if you're arrested - your rights.
Citizens Advice consumer service   Get advice on consumer issues, your energy supply and postal service - numbers, enquiry forms, how to complain.
Community Legal Advice   Get free and confidential legal advice in England and Wales if you're eligible for legal aid - telephone, minicom, email, opening hours.
Complain about a limited company   You can complain to the Insolvency Service, Companies House or the Serious Fraud Office if you suspect a limited company of fraud or serious misconduct.
Data protection   The Data Protection Act (DPA) controls how personal information can be used and your rights to ask for information about yourself.
Delete a historic conviction   Apply to the Home Office to get a historical conviction, caution, warning or reprimand for consensual gay sex deleted from the record.
Police cautions, warnings and penalty notices   The police or Crown Prosecution Service (CPS) can give you a caution (warning) or a penalty notice if you commit a minor crime.
Protests and marches: letting the police know   Organising a march, rally or demonstration - when you do and don't have to contact the police before the event.
Request CCTV footage of yourself   You have the right to see CCTV footage of yourself under the Data Protection Act - you can be charged up to £10 for a copy.
Stopping industrial action: citizens' rights   You have the right to stop industrial action if it's unlawful and you're not someone representing a company.
     

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Anti-social Behaviour Order (ASBO
Anyone over the age of 10 can be given an ASBO if they behave anti-socially.

Behaving anti-socially includes:

  • drunken or threatening behaviour
  • vandalism and graffiti
  • playing loud music at night

Getting an ASBO means you won’t be allowed to do certain things, such as:

  • going to a particular place, eg your local town centre
  • spending time with people who are known as trouble-makers
  • drinking in the street

An ASBO will last for at least 2 years. It could be reviewed if your behaviour improves.

Penalties for not obeying your ASBO

Breaking or ‘breaching’ the ASBO is a criminal offence and you can be taken to court. The sentence you get will depend on the circumstances and your age.

Young offenders

You can be fined up to £250 (if you’re aged 10 to 14) or up to £1,000 (if you’re aged 15 to 17). The fine may have to be paid by your parents if you’re under 16. You might also get a community sentence or, if over the age of 12, a detention and training order (DTO) for up to 24 months.

Adult offenders

You can be fined up to £5,000 or sentenced to 5 years in prison, or both

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Disability rights

As a disabled person, you have rights to protect you from discrimination. These rights cover most areas including:

  • employment
  • education
  • dealing with the police

The Equality Act 2010 and the United Nations (UN) Convention on disability rights (document in PDF format 117kb) help to enforce, protect and promote your rights.

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Definition of disability under the Equality Act 2010
 

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

The Equality Act 2010 doesn’t apply to Northern Ireland - find out more on NI Direct..

What ‘substantial’ and ‘long-term’ mean

  • ‘substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed
  • ‘long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection

There are special rules about recurring or fluctuating conditions, for example, arthritis. For more details about the special rules download the ‘Equality Act Guidance’.

Download ‘Equality Act Guidance’ (PDF, 789KB)

Progressive conditions

A progressive condition is a condition that gets worse over time. People with progressive conditions can be classed as disabled.

However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis.

What isn’t counted as a disability

Some conditions aren’t covered by the disability definition. These include addiction to non–prescribed drugs or alcohol. To find out about the conditions which aren’t covered, download the ‘Equality Act Guidance’.

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How to make a freedom of information (FOI) request

The Freedom of Information Act

The Freedom of Information Act gives you the right to ask any public sector organisation for all the recorded information they have on any subject.

Anyone can make a request for information – there are no restrictions on your age, nationality or where you live.

If you ask for information about yourself, then your request will be handled under the Data Protection Act.

How to make an FOI request

You can contact an organisation directly by letter or email to make a freedom of information (FOI) request.

When making your request, you should include:

  • your name
  • an address where you can be contacted
  • a detailed description of the recorded information you want

Most requests are free but you might be asked to pay a small amount for photocopies or postage. You will be told by the organisation if you have to pay anything.

You should receive the information within 20 working days. If the organisation needs more time, they will contact you and tell you when you can expect the information.

Find contact details of the government department, agency or public body you want to make an FOI request to.

You could check to see if the organisation you are making an FOI request to has given the information before as a result of someone else’s request. Organisations may publish this information on their website.

Make a request for environmental information

You have certain rights to environmental information under the Environmental Information Regulations. For example, you can request information about air or water quality, noise and waste as well as any policies, decisions or activities that could affect them.

You can find out more about requesting environmental information from the Department for Environment, Food and Rural Affairs (Defra) website.

 

How you can receive the information

You can ask for the information in a number of different formats:

  • paper or electronic copies of any original documents
  • audio format
  • large print

Depending on the nature of your request, you can ask for all the information or just a summary.

If you plan to reproduce the information you receive, make sure you check the copyright status of it first.

 

If your request is turned down

Some sensitive information might not be available to members of the public. If this is the case, the organisation must tell you why they have withheld some or all of the information you requested.

An organisation can turn down your request if they think it will cost them more than £450 (£600 for a central government organisation) to deal with your request.

They might then ask you to be more specific so they can provide the information you’re looking for.

If an organisation doesn’t provide you with the information you request, you should first contact them and ask them to review their decision.

If you are still not satisfied, you can complain to the Information Commissioner’s Office.

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Discrimination: your rights

Types of discrimination

It is against the law to discriminate against anyone because of:

  • age
  • being or becoming a transsexual person
  • being married or in a civil partnership
  • being pregnant or having a child
  • disability
  • race including colour, nationality, ethnic or national origin
  • religion, belief or lack of religion/belief
  • sex
  • sexual orientation

These are called ‘protected characteristics’.

You’re protected from discrimination in these situations:

  • at work
  • in education
  • as a consumer
  • when using public services
  • when buying or renting property
  • as a member or guest of a private club or association

You are legally protected from discrimination by the Equality Act 2010.

You’re also protected from discrimination if:

  • you’re associated with someone who has a protected characteristic, eg a family member or friend
  • you’ve complained about discrimination or supported someone else’s claim

Action against discrimination

You can do something voluntarily to help people with a protected characteristic. This is called ‘positive action’.

Taking positive action is legal if people with a protected characteristic:

  • are at a disadvantage
  • have particular needs
  • are under-represented in an activity or type of work
 

How you can be discriminated against

Discrimination can come in one of the following forms:

  • direct discrimination - treating someone with a protected characteristic less favourably than others
  • indirect discrimination - putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage
  • harassment - unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them
  • victimisation - treating someone unfairly because they’ve complained about discrimination or harassment
It can be lawful to have specific rules or arrangements in place, as long as they can be justified.

 

Discrimination at work

The law protects you against discrimination at work, including:

  • dismissal
  • employment terms and conditions
  • pay and benefits
  • promotion and transfer opportunities
  • training
  • recruitment
  • redundancy

Some forms of discrimination are only allowed if they’re needed for the way the organisation works, eg:

  • a Roman Catholic school restricting applications for admission of pupils to Catholics only
  • employing only women in a health centre for Muslim women

Disability

If you’re disabled you have the same rights as other workers. Employers should also make ‘reasonable adjustments’ to help disabled employees and job-applicants with:

  • application forms (eg providing forms in Braille, audio formats)
  • aptitude tests (eg giving extra time to complete the tests)
  • dismissal or redundancy
  • discipline and grievances
  • interview arrangements (eg wheelchair access, communicator support)
  • making sure the workplace has the right facilities and equipment for disabled workers or someone offered a job
  • promotion, transfer and training opportunities
  • terms of employment, including pay
  • work-related benefits like access to recreation or refreshment facilities

What you can do

If you’re discriminated against at work there are ways to deal with it.

Employers have to follow the law on preventing discrimination at work.

Other types of unfair treatment

You’re also protected from being treated unfairly because of:

 

What you can do

If you think you’ve been unfairly discriminated against you can:

  • complain directly to the person or organisation
  • use someone else to help you sort it out (called ‘mediation’ or ‘alternative dispute resolution’)
  • make a claim in a court or tribunal
Contact the Equality Advisory Support Service for help and advice.

Discrimination at work

Employees should talk to their employer first to try and sort out the problem informally. You may also want to read about workplace disputes.

If things can’t be sorted out informally, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or a trade union representative.

You might be able to take a claim to an employment tribunal for discrimination.

Employers must make sure they follow the law on preventing discrimination at work.

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Using reasonable force against intruders

You can use reasonable force to protect yourself or others if a crime is taking place inside your home.

This means you can:

  • protect yourself ‘in the heat of the moment’ - this includes using an object as a weapon
  • stop an intruder running off - eg tackle them to the ground

There’s no specific definition of ‘reasonable force’ - it depends on the circumstances. If you only did what you honestly thought was necessary at the time, this would provide strong evidence that you acted within the law. Read below the guidance from the Crown Prosecution Service.

You don’t have to wait to be attacked before defending yourself in your home.

However, you could be prosecuted if, for example, you:

  • carry on attacking the intruder even if you’re no longer in danger
  • pre-plan a trap for someone - rather than involve the police
Crown Prosecution Service guidance
Householders and the use of force against intruders

Joint Public Statement from the Crown Prosecution Service and the Association of Chief Police Officers

What is the purpose of this statement?

It is a rare and frightening prospect to be confronted by an intruder in your own home. The Crown Prosecution Service (CPS) and Chief Constables are responding to public concern over the support offered by the law and confusion about householders defending themselves. We want a criminal justice system that reaches fair decisions, has the confidence of law-abiding citizens and encourages them actively to support the police and prosecutors in the fight against crime.

Wherever possible you should call the police. The following summarises the position when you are faced with an intruder in your home, and provides a brief overview of how the police and CPS will deal with any such events.

Does the law protect me? What is 'reasonable force'?

Anyone can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime. You are not expected to make fine judgements over the level of force you use in the heat of the moment. So long as you only do what you honestly and instinctively believe is necessary in the heat of the moment, that would be the strongest evidence of you acting lawfully and in selfdefence. This is still the case if you use something to hand as a weapon.

As a general rule, the more extreme the circumstances and the fear felt, the more force you can lawfully use in self-defence.

Do I have to wait to be attacked?

No, not if you are in your own home and in fear for yourself or others. In those circumstances the law does not require you to wait to be attacked before using defensive force yourself.

What if the intruder dies?

If you have acted in reasonable self-defence, as described above, and the intruder dies you will still have acted lawfully. Indeed, there are several such cases where the householder has not been prosecuted. However, if, for example:

  • having knocked someone unconscious, you then decided to further hurt or kill them to punish them; or
  • you knew of an intended intruder and set a trap to hurt or to kill them rather than involve the police,

you would be acting with very excessive and gratuitous force and could be prosecuted.

What if I chase them as they run off?

This situation is different as you are no longer acting in self-defence and so the same degree of force may not be reasonable. However, you are still allowed to use reasonable force to recover your property and make a citizen's arrest. You should consider your own safety and, for example, whether the police have been called. A rugby tackle or a single blow would probably be reasonable. Acting out of malice and revenge with the intent of inflicting punishment through injury or death would not.

Will you believe the intruder rather than me?

The police weigh all the facts when investigating an incident. This includes the fact that the intruder caused the situation to arise in the first place. We hope that everyone understands that the police have a duty to investigate incidents involving a death or injury. Things are not always as they seem. On occasions people pretend a burglary has taken place to cover up other crimes such as a fight between drug dealers.

How would the police and CPS handle the investigation and treat me?

In considering these cases Chief Constables and the Director of Public Prosecutions (Head of the CPS) are determined that they must be investigated and reviewed as swiftly and as sympathetically as possible. In some cases, for instance where the facts are very clear, or where less serious injuries are involved, the investigation will be concluded very quickly, without any need for arrest. In more complicated cases, such as where a death or serious injury occurs, more detailed enquiries will be necessary. The police may need to conduct a forensic examination and/or obtain your account of events.

To ensure such cases are dealt with as swiftly and sympathetically as possible, the police and CPS will take special measures namely:

  • An experienced investigator will oversee the case; and
  • If it goes as far as CPS considering the evidence, the case will be prioritised to ensure a senior lawyer makes a quick decision.

It is a fact that very few householders have ever been prosecuted for actions resulting from the use of force against intruders.
 

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Get a police check on someone involved with a child
The police can check if someone involved with a child has a record of sexual offences.
You do not have to be a relative of the child you are concerned about.

You have to visit your local police station to ask them to check someone’s background.

At the police station, you will need to:

  • show some ID, eg your passport or driving licence
  • say why you want to have this particular person checked
  • tell the police what your relationship to the child is
Call 999 if you think the child is in immediate danger.

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Knives: the laws on buying and carrying
There are laws about buying and carrying a knife depending on the type of knife, your age and your circumstances.

Basic laws on knives

It is illegal to:

  • sell a knife of any kind (including cutlery and kitchen knives) to anyone under 18
  • carry a knife in public without good reason - unless it’s a knife with a folding blade 3 inches long (7.62 cm) or less, eg a Swiss Army knife
  • carry, buy or sell any type of banned knife (the list of banned knives is below)
  • use any knife in a threatening way (even a legal knife, such as a Swiss Army knife)
Lock knives (knives with blades that can be locked when unfolded) are not folding knives, and are illegal to carry in public.

The maximum penalty for an adult carrying a knife is 4 years in prison and a fine of £5,000.

Knives that are illegal

There is a complete ban on the sale of some knives:

  • flick knives (also called ‘switchblades’ or ‘automatic knives’) - where the blade is hidden inside the handle and shoots out when a button is pressed
  • butterfly knives - where the blade is hidden inside a handle that splits in two around it, like wings; the handles swing around the blade to open or close it
  • disguised knives – eg where the blade is hidden inside a belt buckle or fake mobile phone
  • gravity knives
  • sword-sticks
  • samurai swords (with some exceptions, including antiques and swords made to traditional methods)
  • hand or foot-claws
  • push daggers
  • hollow kubotan (cylinder-shaped keychain) holding spikes
  • shuriken (also known as ‘death stars’ or ‘throwing stars’)
  • kusari-gama (sickle attached to a rope, cord or wire)
  • kyoketsu-shoge (hook-knife attached to a rope, cord or wire)
  • kusari (weight attached to a rope, cord or wire)

This is not a complete list of banned knives. Contact your local police to check if a knife is illegal or not.

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Police powers to stop and search: your rights
The police have powers to stop and question you at any time - they can search you depending on the situation.

A police community support officer (PCSO) must be in uniform when they stop and question you. A police officer doesn’t always have to be in uniform but if they’re not wearing uniform they must show you their warrant card.

Stop and question: police powers

A police officer has powers to stop you at any time and ask you:

  • what you’re doing
  • why you’re in an area and/or where you’re going

However, you don’t have to answer any questions the police officer asks you.

Stop and search: police powers

A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying:

  • illegal drugs
  • a weapon
  • stolen property
  • something which could be used to commit a crime, eg a crowbar

You can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer. This can happen if it is suspected that:

  • serious violence could take place
  • you’re carrying a weapon or have used one
  • you’re in a specific location or area

Before you’re searched

Before you’re searched the police officer must tell you:

  • their name and police station
  • what they expect to find, eg drugs
  • the reason they want to search you, eg it looks like you’re hiding something
  • why they are legally allowed to search you
  • that you can have a record of the search and if this isn’t possible at the time, how you can get a copy

Removing clothing: police powers

A police officer can ask you to take off your coat, jacket or gloves.

The police might ask you to take off other clothes and anything you’re wearing for religious reasons - eg a veil or turban. If they do, they must take you somewhere out of public view.

If the officer wants to remove more than a jacket and gloves they must be the same sex as you.

Being searched doesn’t mean you’re being arrested.

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Police powers of arrest: your rights
To arrest you the police need reasonable grounds to suspect you’re involved in a crime for which your arrest is necessary.

The police have powers to arrest you anywhere and at any time, including on the street, at home or at work.

The police arrest procedure

If you’re arrested the police must:

  • identify themselves as the police
  • tell you that you’re being arrested
  • tell you what crime they think you’ve committed
  • explain why it’s necessary to arrest you
  • explain to you that you’re not free to leave

If you’re under 17 the police should only arrest you at school if it’s unavoidable, and they must inform your headteacher.

The police must also contact your parents, guardian or carer as soon as possible after your arrival at the police station.

Police powers to use reasonable force

If you try to escape or become violent, the police can use ‘reasonable force’, eg holding you down so you can’t run off.

You can also be handcuffed.

The police have powers to search you when you’re arrested.

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When you're arrested

If you’re arrested, you’ll usually be taken to a police station, held in custody in a cell and then questioned.

After you have been taken to a police station, you may be released or charged with a crime.

Your rights in custody

The custody officer at the police station must explain your rights. You have the right to:

  • get free legal advice
  • tell someone where you are
  • have medical help if you’re feeling ill
  • see the rules the police must follow (‘Codes of Practice’)
  • see a written notice telling you about your rights - eg regular breaks for food and to use the toilet

You’ll be searched and your possessions will be kept by the police custody officer while you’re in the cell.

Young people under 17

If you’re under 17, the police must try to contact your parent, guardian or carer.

They must also find an ‘appropriate adult’ to come to the station to help you. An appropriate adult can be:

  • your parent, guardian or carer
  • a social worker
  • another family member or friend aged 18 or over
  • a volunteer aged 18 or over

How long you can be held in custody

The police can hold you for up to 24 hours before they have to charge you with a crime or release you.

They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder.

Your rights when being questioned

The police may question you about the crime you’re suspected of - this will be recorded. You don’t have to answer the questions but there could be consequences if you don’t. The police must explain this to you by reading you the police caution:

“You do not have to say anything. However, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Giving fingerprints, photographs and samples

The police have the right to take photographs of you. They can also take fingerprints and a DNA sample (eg a mouth swab) from you. You can’t refuse.

If the police want samples such as blood or urine, they need both your permission and the authority of a senior police officer.

Information from fingerprints and samples is stored in a police database.

 

Legal advice at the police station

Your right to free legal advice

You have the right to free legal advice (legal aid) if you are questioned at a police station. If you turn down the free legal advice, you can change your mind later.

How you can get free legal advice

If you have been arrested, you must be told about your right to free legal advice before you are questioned at a police station. You can:

  • ask for the police station’s ‘duty solicitor’ (they’re available 24 hours a day and independent of the police)
  • tell the police you would like legal advice - the police will contact the Defence Solicitor Call Centre (DSCC)
  • ask the police to contact a solicitor (eg your own one)

For less serious offences (eg being disorderly) you may be offered legal advice over the phone, instead of a duty solicitor. The advice is free and independent of the police.

Being questioned without legal advice

Once you’ve asked for legal advice, the police can’t question you until you’ve got it - with some exceptions.

The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.

The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected terrorism).

If you’re questioned by the police you have the right to free legal advice.

 

Being charged with a crime
If you are charged with a crime you will be given a ‘charge sheet’. This sets out the details of the crime you are being charged with.

The police will decide if you:

  • can go home until the court hearing - but may have to follow certain rules, known as ‘bail’
  • are kept in police custody until you are taken to court for your hearing

Your first court hearing after you are charged with a crime will be at a magistrates’ court or a ‘virtual court’ using video technology - even if your trial will be at a Crown Court later on.

Young people

If you’re under 18, your first hearing will usually be at a youth court.

If you’re under 17, the police must arrange for you to be held in local authority accommodation, if possible, before you go to court.

If you’re aged 12 to 16, the police can decide to keep you at the police station if they think it will protect the public.

Bail

You can be released on bail at the police station after you’ve been charged. This means you will be able to go home until your court hearing.

If you are given bail, you might have to agree to conditions like:

  • living at a particular address
  • not contacting certain people
  • giving your passport to the police so you can’t leave the UK
  • reporting to a police station at agreed times, eg once a week

If you don’t stick to these conditions you can be arrested again and be taken to prison to wait for your court hearing.

When you attend your hearing at a magistrates’ court or a ‘virtual court’ - video conferencing in court - you might be given bail again until your trial begins.

Reasons you may not be given bail

You’re unlikely to be given bail if:

  • you are charged with a serious offence, eg armed robbery
  • you’ve been convicted of a serious crime in the past
  • you’ve been given bail in the past and not stuck to the terms
  • the police think you may not turn up for your hearing
  • the police think you might commit a crime while you’re on bail

Remand

If the court decides to put you on remand it means you will go to prison until your hearing at a magistrates’ court.

If you are under 18 you will be taken to a secure centre for young people, not an adult prison.

You will probably be put on remand if:

  • you have been charged with a serious crime, eg armed robbery
  • you have been convicted of a serious crime in the past
  • the police think you may not go to your court hearing
  • the police think you may commit another crime while on bail
  • you have been given bail before and not stuck to the terms

When you attend your hearing at a magistrates’ court, you might be put on remand again until your trial begins, even if you were previously given bail.
 

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Being charged with a crime

If you are charged with a crime you will be given a ‘charge sheet’. This sets out the details of the crime you are being charged with.

The police will decide if you:

  • can go home until the court hearing - but may have to follow certain rules, known as ‘bail’
  • are kept in police custody until you are taken to court for your hearing

Your first court hearing after you are charged with a crime will be at a magistrates’ court or a ‘virtual court’ using video technology - even if your trial will be at a Crown Court later on.

Young people

If you’re under 18, your first hearing will usually be at a youth court.

If you’re under 17, the police must arrange for you to be held in local authority accommodation, if possible, before you go to court.

If you’re aged 12 to 16, the police can decide to keep you at the police station if they think it will protect the public.

Bail

You can be released on bail at the police station after you’ve been charged. This means you will be able to go home until your court hearing.

If you are given bail, you might have to agree to conditions like:

  • living at a particular address
  • not contacting certain people
  • giving your passport to the police so you can’t leave the UK
  • reporting to a police station at agreed times, eg once a week

If you don’t stick to these conditions you can be arrested again and be taken to prison to wait for your court hearing.

When you attend your hearing at a magistrates’ court or a ‘virtual court’ - video conferencing in court - you might be given bail again until your trial begins.

Reasons you may not be given bail

You’re unlikely to be given bail if:

  • you are charged with a serious offence, eg armed robbery
  • you’ve been convicted of a serious crime in the past
  • you’ve been given bail in the past and not stuck to the terms
  • the police think you may not turn up for your hearing
  • the police think you might commit a crime while you’re on bail

Remand

If the court decides to put you on remand it means you will go to prison until your hearing at a magistrates’ court.

If you are under 18 you will be taken to a secure centre for young people, not an adult prison.

You will probably be put on remand if:

  • you have been charged with a serious crime, eg armed robbery
  • you have been convicted of a serious crime in the past
  • the police think you may not go to your court hearing
  • the police think you may commit another crime while on bail
  • you have been given bail before and not stuck to the terms

When you attend your hearing at a magistrates’ court, you might be put on remand again until your trial begins, even if you were previously given bail.

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Being stopped by the police while driving - your rights

 

The police can stop a vehicle for any reason. If they ask you to stop, you should always pull over. You’re breaking the law if you don’t.

If you’re stopped, the police can ask to see your:

  • driving licence
  • insurance certificate
  • MOT certificate

If you don’t have these documents with you, you have 7 days to take them to a police station. You’re breaking the law if you don’t show the requested documents within 7 days.

The police can also give you an on-the-spot fixed penalty notice for many minor offences and make you take a breath test in certain circumstances.

You can also have your vehicle seized if you’re stopped on suspicion of driving without insurance and for some other offences.

Breath tests

The police can stop you at any time and ask you to take a breath test (‘breathalyse’ you) if:

  • they think you’ve been drinking
  • you’ve committed a traffic offence
  • you’ve been involved in a road traffic accident

If you refuse to take a breath test, or fail to supply a sample of breath and don’t have a ‘reasonable excuse’, you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample.

The breath test gives a result straight away. If it shows you’re not over the drink drive limit, you must be allowed to go.

If you fail the breath test, you’ll be taken to a police station and given 2 more breath tests. If they’re positive, you may be charged.

If you fail a breath test you can’t drive your car until you are sober. You can ask someone else to collect your car for you.

Minor motoring offences

The police can give you a ‘fixed penalty notice’ for many of the less serious traffic offences. If you get a fixed penalty notice this can result in a fine and/or penalty points on your licence.

If you build up 12 points within 3 years you could be disqualified from driving.

However, for minor offences the police also have the option of:

  • taking no action
  • issuing a warning
  • offering driver training (in some cases)
  • prosecuting you

If you disagree with a fixed penalty notice

You can choose not to pay the fixed penalty if you believe that it was given unjustly, but you’ll have to argue your case in court.

Faults with your vehicle

If your vehicle has something wrong with it, eg a broken brake light, the police may give you a ‘vehicle defect rectification notice’.

You’ll need to get your vehicle fixed and provide proof that it’s been fixed (eg a receipt for the work from a mechanic). You have 14 days from the date of the notice to show the proof to the police.

When the police can seize your vehicle

The police can seize a vehicle if they think it’s being used in a way that causes alarm, harassment or distress (eg careless or inconsiderate driving).

They can also seize a vehicle if they think it’s:

  • being driven by someone who doesn’t have a proper licence or insurance
  • dangerously, illegally or obstructively parked
  • broken-down or abandoned
If your vehicle is seized there’s a ‘release fee’ of up to £200 plus a storage fee of £20 for every day or part day.

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Complain about a legal adviser

Follow your legal adviser’s complaints procedure or contact the Legal Ombudsman.

Ask your legal adviser for a copy of their complaints procedure. This should tell you how to complain and how they will deal with it.

If your legal adviser doesn’t respond to your complaint in 8 weeks or if you’re unhappy with their response, you can complain to the Legal Ombudsman.

Legal Ombudsman helpline

0300 555 0333
 www.legalombudsman.org.uk

Or you can write to the Legal Ombudsman:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ

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Police Community Support Officers

Police Community Support Officers (PCSOs) work with police officers and share some, but not all of their powers.

A PCSO can, for example:

  • give someone a fixed-penalty notice - eg for littering
  • demand the name and address of someone being anti-social
  • take alcohol off a person aged under 18

A PCSO can’t arrest a person but they can contact a police officer to do it.

They must wear a uniform clearly marked ‘PCSO’.

The power of PCSOs can differ between police forces.

Special constables

Special constables are volunteers but have the same powers as police officers.

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Arrest or imprisonment abroad

If you’re arrested or detained abroad, you have the right to contact the British Consul.
‘Consul’ is a government official who lives in a foreign country and helps its citizens there. They’re usually based at an embassy, high commission or consulate.
The British Consul can’t get you out of prison or offer legal advice but there are things they can do to help.

Making contact with the British Consul

If you’re arrested or detained, make sure the British Consul is told. You may be able to get someone who’s with you to tell them.

If you’re able to tell someone in the UK you’ve been detained, they can call the Foreign and Commonwealth Office (FCO) in London, which runs the consular service.

Foreign and Commonwealth Office

From outside the UK: +44 (0)207 008 1500
Open 24 hours

Consular staff will try to contact you within 24 hours of being told of your arrest and if you want they will try to visit you as soon as possible.

The British Consul can tell your family or friends that you’ve been arrested or detained, if you want them to.

Who can get help

You can get support abroad if:

  • you’re a British national (have the right to live permanently in the UK and can enter or leave as you wish)
  • you have dual British nationality but aren’t in the country of your other nationality

Who can’t get help

If you have dual British nationality and are in the country of your other nationality, you won’t usually get support. Exceptions may be made for humanitarian reasons.

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Citizens Advice consumer service

 

Advice on consumer issues, your energy supply and postal service.
England, Wales and Scotland

Telephone: 08454 04 05 06
Welsh language: 08454 04 05 05
Monday to Friday, 9am to 5pm

Northern Ireland

Consumerline (run by Trading Standards)
0300 123 6262
Monday to Friday, 9am to 5pm

The Citizens Advice consumer service can tell you what your rights are see the example below and offer advice about how to make a complaint.

If you’re in Northern Ireland, you can still call the Citizens Advice number to talk about your postal service.
Consumer rights

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Community Legal Advice

Get free and confidential legal advice in England and Wales if you’re eligible for legal aid.
Community Legal Advice
Telephone: 0845 345 4 345
Minicom: 0845 609 6677
Text: ‘legalaid’ and your name to 80010
Monday to Friday 9am to 8pm
Saturday 9am to 12:30pm

You can also use the online advice service.

Before you call, check the legal aid eligibility calculator to see if you’re eligible for advice on issues including:

  • benefits and tax credits
  • debt
  • education
  • housing
  • employment
  • family

If English isn’t your first language there’s a free translation service.

You can also talk to a legal adviser in British Sign Language.

Feedback and complaints

You can phone or email if you’re unhappy about the service you’ve received from CLA.

emailhelp@communitylegaladvice.org.uk

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Complain about a limited company

You can complain to the Insolvency Service, Companies House or the Serious Fraud Office if you suspect a limited company or its directors of fraud or serious misconduct.

Complain to the Insolvency Service

You can complain to the Insolvency Service if you have reasonable grounds to suspect a company of:

  • causing significant harm to customers, suppliers etc
  • breaking the law, eg fraud
  • serious misconduct
  • having a significant irregularity in its affairs

You can also report someone who’s disqualified as a director, but is taking part in the management of a company.

What happens next

If the Insolvency Service decides that your complaint is serious enough, they will either:

  • carry out a confidential investigation
  • pass your complaint on to another public body, if appropriate - tell them if you don’t want them to do this

If they find anything wrong and have enough evidence, they may ask a court to:

  • close the company down
  • disqualify the company’s directors

If they find an offence may have been committed, they’ll send a report to the appropriate authority, who will decide whether to carry out a criminal investigation.

What can’t be investigated

The Insolvency Service won’t usually investigate complaints where:

  • there’s no public interest (eg an internal company dispute)
  • an investigation by somebody else is already underway
  • the main issue is that the company isn’t paying its debts

How to complain

Get more information or report misconduct using the Insolvency Service’s investigations hotline.

You can also write to them:

Intelligence Hub
Investigations and Enforcement Services
Insolvency Service
3rd Floor Cannon House
18 Priory Queensway
Birmingham
B4 6FD
 
Give as much information as you can when you complain.

Complain to Companies House

Companies House deals with complaints about companies that fail to file documents such as annual accounts or returns, or file fraudulent documents.

If you suspect a company of breaking the law on the filing of documents, email the details to fraud@companieshouse.gov.uk.

Serious and complex fraud

If your complaint relates to a serious and complex fraud involving more than £1 million, check the Serious Fraud Office’s criteria for taking on cases to see if you should report it to them.

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The Data Protection Act

The Data Protection Act controls how your personal information is used by organisations, businesses or the government.

Everyone who is responsible for using data has to follow strict rules called ‘data protection principles’. They must make sure the information is:

  • used fairly and lawfully
  • used for limited, specifically stated purposes
  • used in a way that is adequate, relevant and not excessive
  • accurate
  • kept for no longer than is absolutely necessary
  • handled according to people’s data protection rights
  • kept safe and secure
  • not transferred outside the UK without adequate protection

There is stronger legal protection for more sensitive information, such as:

  • ethnic background
  • political opinions
  • religious beliefs
  • health
  • sexual health
  • criminal records

Find out what data an organisation has about you

The Data Protection Act gives you the right to find out what information the government and other organisations stores about you.

Write to the organisation and ask for a copy of the information they hold about you. If you do not know who in the organisation to write to, address your letter to the company secretary.

The organisation is legally required to provide you with a copy of the information they hold about you if you request it.

When information can be withheld

There are some situations when organisations are allowed to withhold information, eg if the information is about:

  • the prevention, detection or investigation of a crime
  • national security or the armed forces
  • the assessment or collection of tax
  • judicial or ministerial appointments

An organisation doesn’t have to say why they are withholding information.

How much it costs

Some organisations may charge you for providing the information. The cost is usually no more than £10 but it can be more if the information is contained within either:

  • certain types of records eg health or education records
  • a large number of paper records held in an unstructured way by a public authority

Make a complaint

If you think your data has been misused or that the organisation holding it hasn’t kept it secure, you should contact them and tell them.

If you are unhappy with their response or if you need any advice you should contact the Information Commissioner’s Office (ICO).

ICO helpline
0303 123 1113

The ICO can investigate your claim and take action against anyone who has misused personal data.

You can also visit their website for information on how to make a data protection complaint.

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Delete a historic conviction

Get a historical conviction for consensual gay sex deleted from the record.

Anyone with a historical conviction, caution, warning or reprimand for consensual gay sex can now apply to the Home Office to have it deleted from the record.

If your application is successful, your records will be updated and the conviction will no longer appear on a Criminal Records Bureau (CRB) check or referred to in any future court proceedings.

Download the form and send to the Home Office’s Chapter 4 Applications section to apply.

Download ‘Disregarding certain criminal convictions application form and guidance notes’ (PDF, 208KB)

 

Home Office - Chapter 4 Applications
 chapter4applications@homeoffice.gsi.gov.uk
Chapter 4 Applications
SPPU
4th Floor Fry Building
2 Marsham Street
London
SW1 4DF

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Police cautions, warnings and penalty notices

 

The police or Crown Prosecution Service can give you a caution (warning) or a penalty notice if you commit a minor crime.

Cautions

Cautions are given to adults aged 18 or over for minor crimes - eg writing graffiti on a bus shelter.

You have to admit an offence and agree to be cautioned. If you don’t agree, you can be arrested and charged.

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.

Conditional cautions

If you get a conditional caution, you’ll have to stick to certain rules and restrictions as part of your caution, eg:

  • going for treatment for drug abuse
  • fixing damage to a property

If you don’t stick to the conditions, you could be charged with a crime.

Cautions for under 18s

Young people aged 10 to 17 can get cautions called ‘reprimands’ or ‘warnings’ for minor offences.

The police will usually tell you off, and give you a ‘reprimand’, for a first offence.

They will give you a warning for a second offence, and tell you that you’ll be charged if you commit another crime.

Penalty notices for disorder

Penalty notices for disorder are given for offences like:

  • shoplifting
  • possessing cannabis
  • being drunk and disorderly in public

You’ll be asked to sign the penalty notice ticket. If you pay the penalty then you won’t get a criminal conviction.

You can ask for a trial if you disagree with the penalty notice. If you don’t ask for a trial but don’t pay the fine, you’ll get a bigger fine.

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Protests and marches: letting the police know

By law you must tell the police in writing 6 days before a public march if you’re the organiser.

Tell the police the:

  • date and time of the march
  • route
  • the names and addresses of the organisers

The police have the power to:

  • limit or change the route of your march
  • set any other condition of your march
If you arrange a march at short notice, you must still tell the police as soon as you can.

The police can also:

  • change the location
  • limit how long a rally lasts
  • limit the amount of people who attend
  • stop a sit-down protest if it blocks road traffic or public walkways

If there’s no march involved

If there’s no march organised as part of your protest, you don’t have to tell the police.

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Request CCTV footage of yourself

You have the right to see CCTV footage of yourself and get a copy within 40 days of asking for it.

You need to make a request in writing to the owner of the closed circuit television (CCTV) system. The owner’s details are usually written on a sign attached to the camera, unless the owner is obvious (like a shop).

You need to provide enough information so that you can be identified in the footage, like:

  • a specific date and time
  • proof of your identity
  • a description of yourself

The CCTV owner decides how they provide the footage. You can be charged a fee of up to £10 (the current maximum set by law).

The footage may be edited to protect the identities of other people.

CCTV footage of a crime

If the CCTV footage relates to a crime and the police have the footage, the police will tell you if you can see it.

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Stopping industrial action: citizens' rights

If you’re a citizen (ie not someone representing a company), you have the right to stop industrial action if it’s unlawful and affects goods or services being provided to you.

The action must either:

  • be likely to prevent or have prevented you from receiving any goods or services produced by a company
  • be likely to lower or have lowered the quality of those goods and services

This is called the ‘citizen’s right to prevent disruption’.

Download ‘Citizen’s right to prevent disruption’ (PDF, 48KB)

You can apply to the courts for an injunction, which orders:

  • the trade union to stop organising the action
  • those taking action to stop

Get legal advice if you want to apply to the courts for an injunction.

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