Law enforcement in the UK is organized separately in each of the legal systems in the country (England and Wales, Northern Ireland and Scotland). Most of the police officers serve in regional police services (territorial police forces). These are supported by the National Crime Agency.
The police have certain responsibilities towards the public:
- enforcing laws
- preventing crime
- maintaining public order
- responding to emergencies
- protecting life and property
Broadly speaking, the Police represents the civil authority of the government. As well as duties, police officers have also certain rights that help them in exercising their function. One of the most recognized is a right to stop and search and a right to arrest. It should be noted that the police can stop and search an individual at any time, but stop and search only in some situations when there is a reason to suspect possession of illegal drugs, weapon, or in cases of threat of serious violence.
When being arrested and held in custody an individual has certain rights:
- To get free legal advice
- To tell someone where they are
- To get medical help
- To see the rules the Police must follow (Codes of Practice)
- To see a written notice about his rights (regular breaks for food and toilet)
- There is no obligation to answer officers’ question, however, there may be consequences of doing so, especially when it comes to defending the case in court.
Generally speaking, the police have no right to enter private property without the owner’s permission, but there are certain exceptions. They can enter the premises without a warrant if in close pursuit of someone who has committed or is about to commit a serious crime, when they hear cries for help or to sort out a disturbance.
There are also search warrants that authorise the police to enter premises on one occasion only. They are allowed to use reasonable force if that is necessary for the circumstances.
There is a possibility to make an official complaint against the police, when the code of practice has not been followed, or in instances of discrimination. Another option would be to bring legal proceedings.
The threshold standard for public authority agents to be found acting in negligence perceived as violating the human rights provided by the articles in the EHCR, to be established is set relatively high. The legal standpoint from case law is that when assessing the issue, a consideration for all surrounding circumstances is required, inclusive of the actions of all parties, whether they be directly or indirectly involved in the violation of the rights.
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