Police Powers & Civil Rights UK 2025 — Know Your Rights Guide
Last reviewed: May 2025 — Information applies to England and Wales
Your rights when dealing with police in England and Wales. Stop and search, arrest, the right to silence, police complaints, and civil liberties explained.
Your rights when dealing with police in England and Wales. Stop and search, arrest, the right to silence, police complaints, and civil liberties explained.
Your Rights When Stopped by the Police
The police in England and Wales have specific legal powers to stop, search, question, and detain members of the public. These powers are defined by statute and the PACE Codes of Practice. Understanding them is essential — you have rights, and the police must respect them.
Stop and Search
The police can only stop and search you if they have a legal power to do so. The most commonly used power is section 1 of the Police and Criminal Evidence Act 1984 (PACE), which allows an officer to stop and search you in a public place if they have reasonable grounds to suspect you are carrying stolen items or weapons. "Reasonable grounds" must be based on objective facts, intelligence, or observations — not on personal characteristics such as race, religion, or appearance alone. Using those characteristics as the basis for a stop and search is unlawful racial profiling.
Other Stop and Search Powers
- Section 60 of the Criminal Justice and Public Order Act 1994 — a senior officer can authorise searches in a specific area without individual reasonable suspicion if serious violence is anticipated. This is a blanket power that does not require the officer to have any grounds specific to you.
- Section 47A of the Terrorism Act 2000 — authorised searches in connection with terrorism investigations.
- Misuse of Drugs Act 1971 — power to search for controlled drugs where there is reasonable suspicion.
What Must the Officer Tell You?
Under the PACE Code A, before any search the officer must (where practicable) tell you: their name and police station, the legal power being used, the object of the search, and the grounds for the search. You should receive a written record of the search or be told how to obtain one. If an officer refuses to provide this information, note their badge number and make a formal complaint.
Your Right Not to Be Discriminated Against
The Equality Act 2010 applies to the police as a public authority. The police must not discriminate against you on grounds of race, sex, disability, religion, sexual orientation, gender reassignment, pregnancy, or age. The public sector equality duty (PSED) under section 149 requires the police to have due regard to eliminating discrimination and advancing equality of opportunity. If you believe you have been unlawfully discriminated against by the police, you can make an internal complaint, complain to the Independent Office for Police Conduct (IOPC), or bring civil proceedings in the County Court or Employment Tribunal.
Police Complaints — How to Make One
If you believe a police officer has acted unlawfully, behaved unprofessionally, or used excessive force, you have the right to make a formal complaint. There are two main routes:
Complaint to the Police Force
You can complain directly to the Chief Constable of the police force involved, either online, in writing, or in person at a police station. Forces must acknowledge complaints within 10 working days. Complaints can be handled locally (local resolution) or referred for investigation. You must complain within 12 months of the incident (though forces have discretion to accept later complaints).
Independent Office for Police Conduct (IOPC)
The IOPC is an independent body that oversees the police complaints system. Serious complaints — such as those involving death or serious injury, serious corruption, serious assault, or discrimination — must be referred to the IOPC by the police force. You can also refer a complaint to the IOPC if you are unhappy with how the police have handled your complaint. The IOPC has the power to investigate complaints independently, direct forces to take action, and recommend dismissal of officers.
Unlawful Arrest and False Imprisonment
An arrest is only lawful if the officer has the power to arrest you (under section 24 PACE for indictable offences, or another statutory power) and has reasonable grounds to suspect you of the relevant offence. The officer must also believe that arrest is necessary — for example, to protect you or another person, to prevent you from disappearing, or because your name and address cannot be ascertained. If these conditions are not met, the arrest is unlawful and constitutes the tort of false imprisonment, for which you can claim compensation in the civil courts.
Use of Force by the Police
Police officers may only use force that is reasonable and proportionate in the circumstances under section 117 PACE and section 3 of the Criminal Law Act 1967. The courts assess reasonableness from the perspective of the officer in the moment, taking into account what they honestly believed at the time. Excessive force is both a disciplinary matter and may constitute assault, battery, or — in extreme cases — a criminal offence. Deaths following police contact are investigated by the IOPC.
Protest and Freedom of Assembly
The right to peaceful protest is protected by Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) of the European Convention on Human Rights (ECHR), incorporated into UK law by the Human Rights Act 1998. The police have the power to impose conditions on public processions and assemblies under sections 12 and 14 of the Public Order Act 1986 — for example, limiting the route, duration, or noise levels. The police can only use these powers if they reasonably believe serious disruption to the community, serious disorder, or intimidation would otherwise result. The Public Order Act 2023 added new offences of locking on, obstruction, and "serious disruption" — these provisions have been controversial and are subject to ongoing legal challenge.
Human Rights Act 1998 and the Police
As a public authority, the police are directly bound by the Human Rights Act 1998. This means they cannot act in a way that is incompatible with your ECHR rights, including: Article 2 (right to life), Article 3 (prohibition of torture and inhuman or degrading treatment), Article 5 (right to liberty and security — lawful arrest and detention), Article 6 (right to a fair trial), Article 8 (right to private and family life), and Articles 10 and 11 (freedom of expression and assembly). If the police breach your Convention rights, you can bring proceedings in the civil courts for a declaration of incompatibility and damages.