Police & legal system

The law is divided into two parts:

• Criminal law. These are crimes against the state, for example murder, theft, drugs, weapons, hate crimes or violence.
• Civil law. These are disputes between people that do not affect the state as a whole and are not necessarily crimes. Examples are consumer rights, employment law and housing disputes.

Under UK law, everyone must be treated the same, no matter where they are from or who they are.

This means it is illegal to be discriminated against because of your age, disability, gender, race, religion, belief, sexuality, marital status or because you are pregnant.

Unfortunately, there is still discrimination sometimes. If you believe you have suffered discrimination, you can get advice from the Equality & Human Rights Commission website.

The rights set out in the European Convention of Human Rights (ECHR) have been incorporated into UK Law in the Human Rights Act 1998.

They include:

• the right to life
• the right for respect for family and private life
• the right not to be tortured or treated in an inhuman way
• the right to personal liberty
• the right to a fair trial
• freedom of thought, conscience and religion
• freedom of speech

You can find more about your rights from the website of the charity Citizens Advice.

Children aged over 10 can be charged with a crime.

In England and Wales, most children aged 10-17 go to a Youth Court. Really serious cases go to a Crown Court. In Scotland, a system called the Children’s Hearing System is used.

Children under 14 who are convicted of crimes are sent to Secure Children’s Home. For older children there are Secure Training Centres or Young Offenders’ Institutions.

A charity called Citizens Advice gives free, confidential advice about many legal matters, including debt, family or marital issues, housing, immigration, consumer rights, personal injury and understanding the legal system.

Citizens Advice has local offices where you can speak to someone, or you can get help over the phone. The Citizens Advice website also has lots of information.

In the UK, the word ‘attorney’ just means ‘someone who represents me’. It does not automatically mean ‘lawyer’.

If you are looking for a lawyer, you usually need a ‘solicitor’ (see next question).

In Britain, the word for a registered lawyer is ‘solicitor’. Solicitors work in law firms and usually specialise in one kind of law. They have many years of training and study before they qualify.

You can find solicitors to help you with personal issues, commercial issues or business issues – for example, buying a house, getting divorced, getting compensation for injury, or going to court.

• In England and Wales, The Law Society is the professional body that represents and governs solicitors. See the Law Society website for more information. Solicitors are regulated by the Solictors Regulation Authority.
  
• In Scotland, it is The Law Society of Scotland. Go to the Law Society Scotland website. They also regulate solicitors.
  

A barrister is an independent specialist lawyer and known as a ‘Member of the Bar’. Solicitors will ask a barrister for advice in complex cases. Barristers are often employed to represent people in court.

Most barristers work alone, but share office space (‘chambers’) with other barristers. Each barrister is a member of an Inn of Court.

• You can ask your solicitor to find a barrister or you can find and instruct one yourself. Go to the Bar Council website for more information about finding a barrister. Barristers are regulated by the Bar Standards Board.
• In Scotland, an advocate has a similar role to a barrister. Go to the Faculty of Advocates website for more information. This organisation is also the regulator for advocates.

KC is short for King’s Counsel or ‘Silk’ because of their silk gowns. This is the most senior rank for barristers and advocates. It shows they are one of the best, especially at very complex cases.

Before the death of Queen Elizabeth II, this rank was known as QC.

Junior counsel is another way to describe barristers who are not KC. It does not mean they have just started their role – many of them are very experienced, but they have not been selected (or have chosen not to apply) to “take Silk”.

Most people who are registered to vote in UK elections can be asked to do jury service. Jury service means you will need to sit and listen to a legal case to decide if a person/people are guilty of a crime or serious civil offence.

There are several different courts that use a jury; the most common are the Crown Court and Scottish High Court. Jury service usually lasts 10 days.

People for jury service are chosen at random and you usually have to attend. It is an important civic duty. However, there are some reasonable excuses, which include being a full time carer for somebody, or not being able to speak English.

You don’t get paid for jury service, but you can claim expenses and should be able to get some money back for lost earnings.

• England & Wales: Read more about jury service on the main government website.
• Scotland: Read more about jury service on the Scottish Courts & Tribunals website.

The courts are different depending on whether you are in England, Wales or Scotland. The exception is Family Courts, which are found across Britain. These courts are for most family-related problems, including divorce.

• UK Supreme Court: the very highest court and the final appeal court in England, Wales and Northern Ireland. It only deals with appeals of national, public interest or constitutional importance.

England & Wales

• County Courts: for civil cases (for example, debt).
• Magistrates Court: for minor criminal cases (for example, stealing from shops or driving too fast) and as a first step for more serious crimes. There will be magistrates.
• Crown Court: for serious criminal cases. There will be a judge and jury.
• English High Court (the High Court of Justice): for serious or high value civil cases (for example, business disputes).
• Court of Appeal: for criminal and civil appeals.

Scotland

• Justice of the Peace Court: for driving offences and minor criminal cases. There will be one or more Justices of the Peace.
• Sheriff Court: for most civil cases and criminal cases. There will be a Sheriff (judge) and jury for criminal cases. There is a Sheriff alone for civil cases.
• Scottish High Court (the High Court of Justiciary): for the most serious criminal cases. There will be a judge and jury. Appeals are held here too.
• Court of Session: for serious civil cases and appeals.

Magistrates or Justices of the Peace are local community members who work unpaid in some courts. They are supported by a legal adviser. They have limited power, but can choose if a guilty person must pay a fine or have a prison sentence of up to 6 months. If a case is serious, they will refer it to a higher court where there will be a judge.

Judges are senior lawyers who have a lot of experience with complex cases. They are paid for their role. Only judges can give long prison sentences.

If you are owed money and it is less than £10,000 (£3,000 in Scotland) you can use the Small Claims system.

The hearing is held in a room with a judge. There are no lawyers, so it is a good way to sort a small problem without spending lots of time and money.

• Find out about the Small Claims system on the main government website.
  

Most people have a lawyer (either a solicitor or barrister (advocate in Scotland)) to represent them in court.

For most cases you are also allowed to represent yourself in court if you want to. Be aware that it can be difficult to do this well because the law is complex and courts have set rules to follow. See the main government website for more details.

The Bar Council is the professional association for Barristers in England and Wales and has an informative guide on the Bar Council website (pdf).

For some criminal cases you must have a barrister/advocate. If you cannot afford a one, you might be able to get one through the Legal Aid scheme.

Legal Aid is help from the government towards legal costs. If you cannot afford to pay for legal advice or a lawyer, you might be able to ask for Legal Aid. It is only available for some types of help. Your solicitor would apply for you.

• Read more about Legal Aid on the main government website.
  

The Inns of Court in London are where people train to become barristers. There are 4 Inns: the Inner Temple, the Middle Temple, Gray’s Inn and Lincoln’s Inn. Barristers must be a member of one of them.

The Old Bailey is the most famous criminal court in England & Wales. It is part of the crown court buildings in the City of London. The most serious cases are heard here.

Judges started to wigs from about 1680 because of fashions in high society.

Today, full wigs are only used for ceremonies. Smaller wigs are still used for criminal cases and in County Courts by barristers and judges. This is partly because it helps disguise them, and partly because it helps give respect for the law.

Wigs are worn less nowadays in a move to make the legal system seem more accessible and for practical reasons.

At the moment, reporters must speak from outside the court, while newspapers use drawings of what has happened.

Many people would like this to change because it would make the legal process easier to understand. Others are worried about court cases becoming entertainment. They also worry that it would be difficult to show the whole court case and editing might be biased.

Calls to the police are free. There are two telephone numbers:

Emergencies: 999. An emergency is an immediate risk of danger to people or property, or when something serious has just happened.

Non-emergencies: 101. For anything else.

• You can also report crimes online. Go to the main Police website to find details of the police service in your area. In Scotland, go to the Scotland Police website.
• If you don’t want the police to know your name, you can use the free and anonymous Crimestoppers service on 0800 555 111.
• If you are deaf or use a textphone, you can call 18000 for emergencies or 18001 101 for non-emergencies.
• Read the blog post about when to contact the police for more information about how they can help.

The police are independent of government and have three main roles:

• protecting life and property
• preventing disturbances (known as ‘keeping the peace’)
• preventing/detecting crime

The police are organised into separate police services around the country. The Met Police is the main London police service.

The police must follow the same laws as everyone else. The means they must not be violent, racist, abusive or take bribes.

Most British police do not carry guns. Only specially trained officers are armed.

The majority of police in Britain are not armed. The only police with guns are specially trained firearms officers who are called to serious incidents. They rarely fire their guns – in the year to March 2019, there were a total of 12 shots fired by British police in 12 months. A total of 3 people were killed.

Although few police carry guns, about 36% of officers in England and Wales carry Tasers. They were fired 2,700 times in 2018/19. Tasers were drawn in 23,000 incidents, although discharged in only 15% of these. People from black backgrounds were 8 times more likely to have one drawn than those from white backgrounds.

A Police and Crime Commissioner (PCC) is someone elected to make sure local police services are meeting the needs of their communities. Sometimes they look after local fire services too. Elections are held every 4 years.

The main government website has details about how you can contact your local PCC to make a suggestion or complaint about local police services.

PCSOs (police community support officers) are there to help deter minor crime, and help the main police service at community events. They have fewer powers than regular police officers.

You might see PCSOs patrolling shopping centres and streets. They are always happy to help or answer questions.

British Transport Police is a special police service for railways and tram systems. They are there to make your journey safe.

To report a crime or incident, you can call them on 0800 40 50 40. You can also send a text message to 61016. If it is an emergency, call 999.

If you lose or find something valuable in a public place (for example, in the street), call the police on telephone number 101. They will register that you have lost it.

If you find something valuable, call the police on telephone number 101. They will register that you have found it.

You can also report it lost or found using the website of your local police service.

There is a charity called StreetLink that can help people who are homeless or sleeping rough get support. See the Streetlink website for more information.

If the person you have seen is under 18, they are classified as a child. This means you should call the police instead.

• If the person needs emergency help, call 999.

If you need help and support because you have been the victim of crime, there are organisations that can help.

• Victim Support is an independent charity that helps people who have been affected by crime (either as a witness or a victim). This can be violent crime, or it could be another type, for example fraud or burglary. There is more information on the Victim Support website.
• Female victims of sexual abuse, including domestic violence, forced prostitution, sexual assault and rape can get help from the charity Refuge. Find out more on the Refuge website.
• Male victims of sexual crimes can contact Male Survivors Partnership. Find out more on the Male Survivors Partnership website.

Yes, the police can ask to search you as part of their community safety work. This will be done by patting your outer clothing. You do not have to agree.

However, they can demand to search you if they think you are carrying drugs, weapons or stolen property, or have a link to terrorism.

They will pat your outer clothing first. If they want to search under your clothes this will be done by someone of the same sex as you. It will not be in public view.

If they want to examine inside your body, this must be done with a warrant and by a medical professional.

There are two reasons why this might happen:

• The police think you might have information about a crime.
• The police think you might have committed a crime. In this case, you will be interviewed under caution, which means that your answers (or your silence) can be used in court as evidence. You can have free legal advice.

In both cases, you are free to leave when you want unless you are arrested.

‘Interviewed under caution’ means that you will be questioned and the answers you give can be used as evidence in court. You will be told:

“You do not have to say anything. But 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.”

This means that that you have the right to stay silent. But be aware that if you stay silent, it might make you seem guilty, even if you are not.

You will be arrested if the police believe you have committed a crime (or are about to commit a crime). You can be arrested anywhere, including your home.

The police will tell you that you are under arrest and they will also say why. You will then be taken to a police station and interviewed under caution.

You have the right to stay silent. But be aware that if you stay silent, it might make you seem guilty, even if you are not.

If the police think they have enough evidence to prove you committed a crime, you will be charged. People who confess to minor crimes might be given a police caution (see the question below).

These rules are slightly different in Scotland.

When you are arrested, you will have to stay at the police station.

You have the right to:

• a phone call or letter to tell someone where you are
• independent free legal advice (even for foreign nationals), or you can call your own solicitor (lawyer). You also have the right to refuse legal advice
• medical help
• details of the police Code of Conduct (police rules)
• details of your full rights (including meals and toilet breaks) in your own language

If you are a foreign national, you also have the right for your embassy to be contacted.

You can read more about your rights on the main government website.

For basic offences, you can be kept without charge for up to 24 hours. The police can extend it to 36 hours – after that they must ask a court for an extension.

Sometimes they will let you go on police bail (see question below). This means you must come back to answer more questions whenever they ask.

• Read more about your rights in custody on the main government website.

Once you have been charged, there are no more questions until you go to court, unless new evidence is found or you admit to your crimes.

For minor crimes you might be given police bail (see next question).

If the police think there might be problems when you are released (for example violence), you will have to stay in a police cell or prison cell until the first available court date. This is called custody.

Being released on bail means you can go home, but have to follow certain rules (for example, if you hit someone you might have to agree not to go near that person).

It is very unusual for bail to involve money.

There are two types of bail: police bail or court bail. Police bail is often granted in minor crimes before you go to court.

Sometimes you can also be given bail between court dates. This is known as court bail.

If you break any bail rules, the police have to arrest you. You will be kept in a cell until it is time for your court date.

• Read more about being charged with a crime on the main government website.

People who confess to a crime might be given a police caution instead of being charged. A police caution is not the same as being interviewed under caution.

Instead, a police caution means you won’t have to go to court. You might have to pay a fine or agree to some rules. It is only used for minor crimes.

A police caution is not the same as getting a criminal record, but it can still affect some jobs (for example nursing or working with children).

You don’t have to accept a police caution. If you don’t accept it, you will have to go to court instead.

• Read more about police cautions on the main government website.

When you are convicted of a crime, you get a criminal record. You must reveal this when you apply for things, if asked.

For prison sentences under 4 years (2.5 years in Scotland) your criminal record lasts for a few years after the end of your sentence.

For longer sentences, your criminal record lasts for ever.

Having a criminal record can make it very difficult to get jobs, insurance, housing and visas.

Yes. You can contact a police station or write to the Chief Constable of the police service that you are complaining about.

There are also independent organisations for very serious complaints.

• In England and Wales, see the Independent Office for Police Conduct website.
• In Scotland there is the Police Investigations & Review Commissioner. Go to the PIRC website.