Dealing with the police

When dealing with the police it is important to remember that you have rights and responsibilities. You can avoid problems if you are sensible and keep your cool.

· If the situation gets out of control, stay calm, remember your rights and get legal advice quickly.

Speaking to the police

Giving your name and address

Generally, the police do not have the right to demand your name or address without a reason. However, there are some times when the law says that you must give your name and address to the police. It is a criminal offence to give a false name and address in these circumstances. Police can ask for your name and address if they believe you have committed or are about to commit a certain kind of offence, for example:

· theft, burglary or assault

· public transport offences

· fishing offences

· if you buy alcohol when suspected of being under 18.

Answering other questions

You do not have to answer any other questions that the police ask you. When you talk to the police there is no such thing as speaking ‘off the record’. Anything you say to the police, no matter when or where you say it, may be used by them. The police can use what you say to decide if they will arrest you or charge you with an offence. Anything you say to the police can be used as evidence against you in court. Tell the police you want to speak to a lawyer before you say anything. Do not answer some questions and not others. This may be used against you later to suggest you are hiding something from police. Say ‘no comment’ to every question until you get legal advice.

Getting police details

When the police speak to you they must tell you:

· their name

· their identification number

· the name of the police station where they work

· their rank.

If you ask for these details in writing, they must give them to you in writing. This information may be useful later. The police can be fined for not giving you these details. You need to make a complaint for this to happen. A lawyer can help you do this.

Name and address on public transport

Public transport inspectors can ask for your name and address if they believe on reasonable grounds that you have committed or are about to commit an offence. They can only ask for your name and address about public transport offences. It is a criminal offence for you to refuse to give your name and address to a public transport inspector if the inspectors are questioning you about public transport offences. You can be fined by the court for this offence.