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Do You Know Your Rights?
Do You Know About…
Young People and the Police in Northern Ireland?
A Few Words about the Police in Northern Ireland
· The police here are known as The Police Service
of Northern Ireland.
· The majority of police powers are contained in the
Police and Criminal Evidence (NI) Order 1989 .
· The age of criminal responsibility in Northern Ireland
is 10 years of age .
· Special protection is provided for those under 17
years of age .
· Extra powers are given to the police to deal with
the investigation of suspected
terrorist and serious offences .
· There are also Codes of Practice to ensure that the
police follow best
practice when exercising their powers .
· You can obtain a copy of the codes from a police
station or library .
· The Justice (NI) Act 2002 will soon provide for all
cases involving 17 year olds to be brought into the Youth
Justice System .
Police Powers: Powers to Deal with Terrorism.
· The police have special powers to deal with the
prevention of terrorism and other serious offences.
· These powers are contained in the Terrorism Act 2000
and the Anti-Terrorism, Crime and Security Act 2001 .
· Terrorist offences are known as "Scheduled Offences"
.
· "Scheduled Offences" include acts of terrorism
but also other serious offences such as violence, serious
assault or arson.
· Police powers under anti-terrorism provisions can
be used to deal with all these situations.
· In some cases an offence can be "descheduled".
This means it will be dealt with under the ordinary law.
Police Powers: On the Street
If asked by the police, do I have to stop and answer their
questions?
· Generally, you are under no legal obligation to
stop and answer police questions but you may wish to give
your name if asked to do so . If you are unsure about answering
any further questions about yourself or other people, you
should ask to contact an adult.
· BUT under anti-terrorism provisions, the police have
the power to stop and question you to find out your identity,
where you have been and where you are going, and your knowledge
of a recent explosion or incident endangering life. It is
a criminal offence to refuse to answer these questions to
the best of your knowledge .
· Under Road Traffic law it is a criminal offence to
refuse to answer
questions about your driving licence .
· Once you have answered police questions they cannot
detain you further
unless you are arrested.
Do the police have the power to stop and search me?
· The police can stop and detain you to carry out
a search if they have reason to suspect you are carrying an
offensive weapon, anything that could be used in a burglary
or theft, stolen items, explosives, firearms, or drugs .
· The police can take anything they have reason to
suspect to be unlawful and it does not have to be returned
.
· A search must be carried out in a public place.
The only clothing you can
be required to remove is : -
Headgear;
Outer Coat;
Jacket;
Gloves.
· A more thorough search involving examination of
intimate body parts cannot be carried out unless you have
been arrested and are in police custody. This power is limited
by strict rules. If you are under 17 years old you have the
right to have an appropriate adult present .
Your Rights if Searched.
· If the Police Officer is not in uniform evidence
must be produced to show he or she is a constable.
· The Police Officer must give you his or her identification
number and the name of the police station to which they are
attached.
· You have the right to be told the purpose of the
search and why it is believed a search is required .
· A written record must be made of the search. You
must be informed that you can request a copy of this up to
12 months after the search .
· When conducting a lawful search the police have
the power to use reasonable force if necessary .
Powers to Search under the Terrorism Act
· In very limited circumstances, there are powers
permitting the police to carry out searches, in a particular
place, to check for items, which could be used in connection
with terrorism. This is permitted only if they have received
authorisation from the Assistant Chief Constable .
· The police also have a power to search you to discover
if you unlawfully have radio transmitters or munitions .
· It is a criminal offence to obstruct a search conducted
under either of these powers.
· There is also a general power to stop and search
someone whom the police reasonably suspect to be a terrorist
to discover if they are carrying anything that could show
this. An officer of the same sex must carry out this search
power .
Can the police search my home?
· The police usually need a warrant to search your
home or any premises but can do this without a warrant to
: -
lawfully arrest someone;
search the premises of someone already arrested;
prevent serious personal injury or property damage;
deal with a breach of the peace.
search any premises where there is reason to believe a terrorist
may be found.
Police Powers: If Arrested.
When can the police arrest me?
· The police can arrest you if they have obtained
an arrest warrant
BUT they can arrest you without a warrant if : -
they suspect you have committed, or are
in the process of committing, or are about to commit a
serious offence ;
they suspect you have committed or are
committing a minor offence and to get a warrant would
be pointless as you failed to give a name and address ;
there is a breach of the peace. Here, police cannot arrest
you for being noisy or loud, your actions must at least
cause someone else to fear harm or possibly cause
property damage ;
they suspect you of being a terrorist or
that you have committed, are committing or are about to
commit a terrorist offence .
· In all cases, the police have the power to use reasonable
force to secure
your arrest .
What rights do I have if I am arrested?
The Caution
· On arrest, the police must caution you. This means
they must tell you that
you have a right to remain silent and anything you do say
may be used as
evidence in court .
· You must also be told that if you fail to say something
that you later wish
to state in court then, the fact that you did not mention
it when you should have could also be used against you .
· You are advised to obtain legal advice before answering
police questions.
· The police must give you a caution :-
before an arrest where the police want to question you to
get information to secure arrest;
AND
when you are arrested;
AND
if and when you are charged.
· If you are under 17 years old, a caution must be
given again at the police
station in the presence of an appropriate adult .
Your Right to be given Reasons
· You have the right to be told the reasons for your
arrest .
· Before reaching the police station, if the police
officer is satisfied there are
no longer any reasons for your arrest, you have the right
to be released at
once .
What Rights do I have if I am detained at the Police Station?
Police Detention
· You can be detained without charge if there is reason
to believe this is
required to obtain evidence or to question you.
· Special rules apply if you are: -
under 17 and arrested with a warrant; OR
under 14 and arrested without a warrant.
In each case, the Custody Officer must release you subject
to a bail agreement unless it is considered you have been
arrested for a serious offence or your detention is necessary
for the protection of the public .
· As a general rule, you should not be detained for
more than 24 hours without charge . (After 6 hours a Review
Officer must give authority for further detention up to 24
hours).
·
· For more serious offences or an offence under anti-terrorism
provisions you may be detained for longer .
· In all cases, the power to detain you is strictly
limited and you have the right to be told why you are being
detained.
Your Right to have a Friend or Relative Informed
· You have the right to have a friend or relative
informed of your arrest and where you are being held .
Your Right to an 'Appropriate Adult'
· If you are under 17 years of age, you have an additional
right to have an
appropriate adult informed of your arrest and to request their
presence at the police station with you .
· As a general rule, a police interview must not begin
without them being
with you .
.
Your Right to Legal Advice
· You have the right to obtain legal advice and must
be informed of this in
writing . It is a good idea to have a solicitor present at
the police interview.
· In certain circumstances this right can be delayed
but not denied .
· If you have not got a solicitor one will be provided.
This is FREE to everyone under 17 years of age.
· You are STRONGLY ADVISED to obtain legal advice.
Your Right to Silence
· You are under no legal obligation to answer any
questions put to you.
· BUT in certain circumstances your silence can be
used against you in
court .
· It is therefore best to obtain legal advice.
Your Right to Release
· If at any stage it becomes clear there are no longer
any reasons for your
arrest you must be released at once .
· If at the end of your time in detention the police
do not have enough
evidence to charge you, you must be released.
· If you are under 17 years old you may be released
on report. This means your case is reported to the Senior
Police or the Public Prosecution Service. If they decide to
proceed with the case they will issue you with a summons in
due course .
- Fingerprints and Non-Intimate Samples
· Whilst in police detention you may be asked to provide
fingerprints or an ordinary body sample .
· In most cases your written consent and the consent
of your parent or guardian must first be given . (if you are
under 14, only the consent of your parent or guardian is required)
· In limited cases the police may act without your
consent BUT you must first be told the grounds for permitting
this .
· If under 17 years of age you have the right to have
an appropriate adult present .
· While in police detention, the police may take your
photograph.
· This may be taken with or without your consent and
the police can ask you to remove anything from your head or
face.
· An intimate sample involves the taking of a sample
from an intimate body part .
· An intimate sample can NEVER be taken without your
consent and/or the consent of your parent or guardian . (If
you are under 14, only the consent of your parent or guardian
is required.)
· BUT the fact that you refused could be used against
you in court .
· Always obtain legal advice before providing or refusing
your consent.
· Intimate samples, except for samples of urine, can
be taken only by a qualified medical practitioner or dental
practitioner (in the case of dental impressions) .
· If under 17 years of age you have the right to have
an appropriate adult present at all times .
Police Powers: How will the Police Deal with My Case?
Powers to Deal with Non-Offence Behaviour
· For non-offence behaviour the police will make a
"non-offence referral"
· The police will try to record some minimum details,
which will be passed on to a Youth Diversion Officer.
· The Youth Diversion Officer can then send a letter
to your parents or legal guardians to let them know of the
incident.
· This is not a criminal record.
· In some circumstances and provided the consent of
your parent/guardian is given referrals can be made to a multi
agency panel .
· If the police have reasonable cause to believe you
are likely to suffer significant harm, they have the power
to take you to a place of safety and to refer your case to
social services .
Powers to Deal with Offence Behaviour
· Police powers to deal with offence behaviour depend
on whether or not a serious or less serious offence is alleged
to have been committed.
v Power to Deal with Less Serious Offences .
· The police have five options depending on the circumstances
of your case: -
(1) If there is
not enough evidence then the police may decide to take no
further action;
OR
(2) The police may give you an Informed Warning. To do this
three conditions must be met: -
the police must be satisfied there is enough evidence that
would allow the case to be brought to court;
you must freely admit to the offence;
you must fully consent to the warning being given.
An informed warning will be recorded
on a criminal record for 12 months. If you commit another
offence within 12 months it will be recorded for longer.
Always obtain legal advice before accepting a warning;
OR
(3) The police may give you a restorative caution. This means
that a meeting will be held with you, your parents/carers,
the police and sometimes the victim of the crime and members
of the community. Again: -
the police must be satisfied there is enough evidence available;
you must freely admit to the offence;
you must fully consent to the caution being given.
A restorative caution is put on a criminal record for a period
of 2 1/2 years. If you commit another offence within 21/2
years it will be recorded for longer.
If the offence is one of a sexual nature receiving a caution
means that this will be recorded on the Sex Offenders Register.
Always get legal advice before accepting a restorative caution;
OR
(4) The police may refer your case to the prosecutor. This
may occur if, for instance, you have a previous offending
history or you have received a caution for the same offence
on previous occasions or you have committed a serious offence
(see below).
In all cases, if you have stated that you are not guilty
and you would like to defend your case, the matter will be
dealt with by a Youth Court, where you will be represented
by a solicitor.
v Powers to Deal with Serious Offences
· Generally,
for more serious offences, for example, crimes of a violent
or sexual nature, the police are likely to charge you.
· A charge can only be given once there is enough
evidence to give a reasonable chance of taking a case in court.
· Once charged the police cannot ask you any more questions
unless, for instance, new information is discovered .
· If charged the Custody Officer will normally release
you on bail . This means you must be available to appear in
court at a later date.
· If you are over 14 and charged with a scheduled offence
sometimes only the High Court may grant bail .
· In limited circumstances you can be held without
bail until your appearance in court. This is known as remand
without bail.
· An application for bail can be made to the court
dealing with your case- special rules apply to bail for children
and young people.
· If you are under 17 years old you must not be remanded
in police custody but you can be remanded to the Juvenile
Justice Centre.
· If you are over 15, in some exceptional circumstances,
you can be remanded to the Young Offenders Centre.
Police Powers: Ensuring they are Exercised Properly.
· The police do not have the power to do anything
they wish.
· If you are unhappy about the way you have been treated
you can make a
complaint to the Police Ombudsman for Northern Ireland. This
is
an independent body which deals specifically with complaints
against the
police.
· To make a complaint you can: -
v Call in at the Police Ombudsman's Office between 9am and
5pm or write to or telephone the Police Ombudsman using the
contact details below;
v Fax the Police Ombudsman at 028 9082 8659;
v Send an e-mail to info@policeombudsman.org;
v Call to your local police station - they will not deal with
your complaint but refer you to the Police Ombudsman;
v Contact your solicitor who will inform the Police Ombudsman
of your complaint;
v NO PAYMENT is required to make a complaint.
· You may also wish to make your views known to the
Policing Board for Northern Ireland by contacting them at
the address on this leaflet.
· For Advice and Information:
Committee on the Administration of Justice, Include Youth
(CAJ), Alpha House
45-47 Donegall Street 3 Rosemary Street
Belfast Belfast
BT2 1BR BT1 1QA
Ph.: 028 9096 1122 Ph.: 028 9031 1007
www.caj.org.uk www.includeyouth.org
Police Ombudsman for Northern Ireland The Northern Ireland
Human
New Cathedral Buildings Rights Commission,
St. Anne's Square Temple Court
11 Church Street 39 North Street
Belfast Belfast
BT1 1PG BT1 1NA
Ph.: 028 9082 8600 Ph.: 028 9024 3987
www.policeombudsman.org www.nihrc.org
NI Association of Citizen's Advice Bureaux
Regional Office
11 Upper Crescent
Belfast
BT7 1NT
Ph.: 028 9023 1120
www.niacab.org.uk
· Other Contacts:
The Police Service of Northern Ireland, (PSNI) Northern Ireland
Policing
Headquarters Board,
Brooklyn Waterside Tower
65 Knock Road 31 Clarendon Dock
Belfast Clarendon Dock
BT5 6LE Belfast, BT1 3PG
Ph.: 028 9065 0222 Ph.: 028 9040 8500
www.psni.police.uk www.nipolicingboard.
org.uk
The Probation Board for Northern Ireland,
(PBNI)
80-90 North Street
Belfast
BT1 1LD
Ph.: 028 9026 2400
www.pbni.org.uk
The Children's Law Centre would like to thank Roisin Gallagher
for her work on this publication.
This leaflet is intended as a guide only. If you have any
further questions or
require more detailed information please contact:-
The Children's Law Centre,
Philip House,
123-137 York Street.
Belfast, BT15 1AB
Ph: 028 9024 5704
Fax: 028 90245679
www.childrenslawcentre.org
e-mail: info@childrenslawcentre.org
CHALKY FREEPHONE HELPLINE 0808 808 5678
CHALKY FREEPOST 'CHALKY' BEL3837
Belfast, BT15 1BR
E-mail: chalky@childrenslawcentre.org
Disclaimer
The information provided in this leaflet is for guidance
only and should not be regarded as a complete or authoritative
statement of the law. In all cases appropriate legal advice
should be sought from a solicitor. The Children's Law Centre
will not be held in any way responsible for the use of information
in this leaflet by other individuals, organisations or agencies.
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