Question 1

Can the police stop and search me just because I'm in a high-crime area?

Accepted Answer

No. While being in a high-crime area can be part of the context, it is not, on its own, sufficient to constitute 'reasonable grounds for suspicion' under s.1 PACE 1984. The police must have specific intelligence or information linking you to a particular offence. Relying solely on location or stereotypes would likely make the search unlawful.

Question 2

If the police breach a PACE Code of Practice, does that mean I will automatically be found not guilty?

Accepted Answer

Not automatically. A breach of a PACE Code is not a criminal offence in itself and does not automatically lead to an acquittal. However, it is a significant factor that a court will consider. A serious or significant breach could lead to evidence obtained as a result (like a confession) being excluded under s.76 or s.78 of PACE. If that evidence is crucial to the prosecution's case, its exclusion could result in the case collapsing.

Question 3

Do I have to answer police questions after I've been arrested?

Accepted Answer

No, you have the right to remain silent. However, the police will give you a caution: "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 if you stay silent but then introduce a new fact or alibi at your trial, the court may draw an 'adverse inference' from your earlier silence, potentially weakening your defence under the Criminal Justice and Public Order Act 1994.

Police powers

What you need to know

Police powers