Which power are they using?

Answer where you are and what happened, and this resolves to the specific legal power most likely in play. It is not a substitute for asking the officer directly — “which power are you using?” is a fair question in the moment, not an obstruction.

Covers England & Wales and Scotland, which are separate legal systems with genuinely different rules — this tool asks which one applies before anything else. Northern Ireland is not covered.

Step 1

Where in the UK are you?

JavaScript is off, so here is the whole tool laid out as a readable list instead of the step-by-step version — open the answer that matches your situation.

Where in the UK are you?

England or Wales

Where are you right now?

In the street, a shop, or another public place

What did the officer say or do?

Searched me, or is about to, and gave a reason connected to drugs

Sounds like a search under s.23 Misuse of Drugs Act 1971

This is a grounds-based power specifically for controlled drugs, not the general s.1 PACE power.

A constable needs reasonable grounds to suspect you are in possession of a controlled drug before they can search you under this power.
Misuse of Drugs Act 1971, s.23(2)
“If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act”
Read it at the sourcequote checked 2026-08-25

Stopped and searched in the street →What the officer must tell you before any stop and search, and how to challenge one afterwards.

Searched me, or is about to, and gave a reason like stolen goods or a weapon, based on something about me

Sounds like an ordinary s.1 PACE stop and search

The everyday power, for stolen or prohibited articles. It needs reasonable grounds, not a hunch.

What you can refuse, what refusing costs you and what you are entitled to

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You can refuse

Saying no is lawful and is not an offence, but it is not always free of consequences: read each item in full.

You are under no obligation to give your name, address or date of birth for a stop-and-search record.
PACE Code A says so in terms, and adds that you should not even be asked for it for that purpose. The separate anti-social-behaviour power is under “Refusing costs you”.
PACE Code A (2023), paragraph 4.3
“The person is under no obligation to provide this information and they should not be asked to provide it for the purpose of completing the record.”
Read it at gov.ukquote checked 2026-08-25

Refusing costs you

Refusing may carry a penalty, allow an inference to be drawn against you, or be an offence in itself.

Refusing, or giving a false or inaccurate name or address, once that requirement is properly made is an offence carrying a fine up to level 3 on the standard scale.
This is the exception that catches people out — it converts an ordinary street stop into a situation where silence is chargeable.
Police Reform Act 2002, s.50(2)
“fails to give his name and address when required to do so under subsection (1) — gives a false or inaccurate name or address in response to a requirement under that subsection — is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale”
Read it at legislation.gov.ukquote checked 2026-09-14

You are entitled to

Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.

If the officer is not in uniform, you are entitled to documentary evidence that they are a constable — and the search must not begin until that duty, and the other pre-search duties, have been performed.
This is arguably the most important protection in the whole section: it is what lets someone stopped by a plain-clothes officer demand proof they are police before anything else happens.
Police and Criminal Evidence Act 1984, s.2(2)-(3)
“it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—if the constable is not in uniform, documentary evidence that he is a constable; and—whether he is in uniform or not, the matters specified in subsection (3) below;—and the constable shall not commence the search until he has performed that duty.—The matters referred to in subsection (2)(ii) above are—the constable’s name and the name of the police station to which he is attached;—the object of the proposed search;—the constable’s grounds for proposing to make it; and—the effect of section 3(7) or (8) below, as may be appropriate.”
Read it at legislation.gov.ukquote checked 2026-09-14
You are entitled to be told, before the search starts, four things: the officer’s name and station, what they are looking for, their grounds for the search, and the effect of the statutory provisions about getting a copy of the search record.
This is what the GOWISELY mnemonic is a memory aid for — the mnemonic is a training device, not itself the rule; the rule is the pre-search duty in section 2 of PACE. The fourth matter is the one people miss: section 2(3)(d) requires the officer to tell you the EFFECT of the record provisions, and what that effect is — a copy on request within three months — is the separate item below. The record point can be left out only where it appears a record will not be practicable to make.
Police and Criminal Evidence Act 1984, s.2(2)-(3)
“it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—if the constable is not in uniform, documentary evidence that he is a constable; and—whether he is in uniform or not, the matters specified in subsection (3) below;—and the constable shall not commence the search until he has performed that duty.—The matters referred to in subsection (2)(ii) above are—the constable’s name and the name of the police station to which he is attached;—the object of the proposed search;—the constable’s grounds for proposing to make it; and—the effect of section 3(7) or (8) below, as may be appropriate.”
Read it at legislation.gov.ukquote checked 2026-09-14
For the search powers on this page, you are entitled to have a written record of the search made, unless doing so is genuinely not practicable.
The duty is not universal across every search power — the Act carves out searches under section 6 and under the Aviation Security Act — but it does cover the everyday street powers described here.
Police and Criminal Evidence Act 1984, s.3(1)
“Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—under section 6 below; or—under section 27(2) of the Aviation Security Act 1982, a record of the search shall be made in writing unless it is not practicable to do so.”
Read it at legislation.gov.ukquote checked 2026-09-14
You are entitled to a copy of that record if you ask for one within three months of the date of the search.
Miss the three-month window and the statutory entitlement to a copy lapses.
Police and Criminal Evidence Act 1984, s.3(7) and (9)
“If a record of a search of a person has been made under this section, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below. — The period mentioned in subsections (7) and (8) above is the period of 3 months beginning with the date on which the search was made.”
Read it at legislation.gov.ukquote checked 2026-09-14

What the law says

What the law provides — the power, who can use it and when, and what follows — quoted from its source. The sections above say what you can refuse, what refusing costs you and what you are entitled to.

The officer may detain you for the purpose of carrying out the search.
So walking away from a lawful detention risks arrest. Object verbally, not physically.
Police and Criminal Evidence Act 1984, s.1(2)(b)
“may detain a person or vehicle for the purpose of such a search”
Read it at legislation.gov.ukquote checked 2026-08-25
A s.1 PACE search is not permitted at all unless the officer has reasonable grounds for suspecting they will find something.
A hunch is not grounds. Neither, on its own, is your race, age or the area you are in.
Police and Criminal Evidence Act 1984, s.1(3)
“This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles”
Read it at legislation.gov.ukquote checked 2026-08-25

Stopped and searched in the street →The three stop-and-search powers, what officers must tell you, and what to do afterwards.

Said there's an authorisation covering this area, so they don't need a reason connected to me personally

Sounds like a s.60 CJPOA area authorisation

An authorisation to stop and search for offensive weapons or dangerous instruments, given by an officer of at least inspector rank for a specified locality and period. While it is in force a constable in uniform can stop and search for them whether or not they have any grounds for suspecting that the person or vehicle is carrying any.

What you must do and what you are entitled to

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

You must stop, or stop your vehicle, when a constable requires you to in the exercise of their powers under s.60. Failing to do so is an offence, punishable on summary conviction by imprisonment for up to one month, a fine up to level 3 on the standard scale, or both.
Criminal Justice and Public Order Act 1994, s.60(8)(a)
“A person who fails— to stop, or to stop a vehicle;— when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.”
Read it at legislation.gov.ukquote checked 2026-10-02
Resisting or wilfully obstructing a constable in the execution of their duty is an offence.
Police Act 1996, s.89(2)
“any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence”
Read it at legislation.gov.ukquote checked 2026-08-25
If an authorisation under s.60 or s.60AA(3) is in force and a constable in uniform requires it, remove any item the constable reasonably believes you are wearing wholly or mainly to conceal your identity.
Criminal Justice and Public Order Act 1994, s.60AA(2)
“This subsection confers power on any constable in uniform— to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity”
Read it at legislation.gov.ukquote checked 2026-08-25
Failing to remove an item when a constable requires it under s.60AA is punishable on summary conviction by up to one month’s imprisonment, a fine not exceeding level 3, or both.
Criminal Justice and Public Order Act 1994, s.60AA(7)
“A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.”
Read it at legislation.gov.ukquote checked 2026-08-25

You are entitled to

Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.

You are entitled to a written statement that you were searched under s.60, if you apply for it within twelve months of the day you were searched.
The entitlement exists only if you apply. What you get is a statement that you were searched under s.60.
Criminal Justice and Public Order Act 1994, s.60(10A)
“A person who is searched by a constable under this section shall be entitled to obtain a written statement that he was searched under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which he was searched.”
Read it at legislation.gov.ukquote checked 2026-10-02
If you are the driver of a vehicle stopped under s.60, you are entitled to a written statement that the vehicle was stopped under the powers conferred by s.60, if you apply for it within twelve months of the day it was stopped.
Criminal Justice and Public Order Act 1994, s.60(10)
“Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped”
Read it at legislation.gov.ukquote checked 2026-10-02

What the law says

What the law provides — the power, who can use it and when, and what follows — quoted from its source. The sections above say what you must do and what you are entitled to.

An officer of at least inspector rank may give a s.60 authorisation where they reasonably believe one of three things: that incidents involving serious violence may take place in a locality in their police area and that an authorisation is expedient to prevent them; or that an incident involving serious violence has taken place in England and Wales in their police area, that a dangerous instrument or offensive weapon used in the incident is being carried by a person in a locality in their police area, and that an authorisation is expedient to find the instrument or weapon; or that persons are carrying dangerous instruments or offensive weapons in a locality in their police area without good reason.
Criminal Justice and Public Order Act 1994, s.60(1)
“If a police officer of or above the rank of inspector reasonably believes— that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence,— that— an incident involving serious violence has taken place in England and Wales in his police area;— a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and— it is expedient to give an authorisation under this section to find the instrument or weapon; or— that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason, he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.”
Read it at legislation.gov.ukquote checked 2026-10-02
A s.60 authorisation can make the powers conferred by s.60 exercisable at any place within the locality in the officer’s police area that the officer’s belief concerns, for a specified period not exceeding 24 hours.
Criminal Justice and Public Order Act 1994, s.60(1)
“If a police officer of or above the rank of inspector reasonably believes— that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence,— that— an incident involving serious violence has taken place in England and Wales in his police area;— a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and— it is expedient to give an authorisation under this section to find the instrument or weapon; or— that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason, he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.”
Read it at legislation.gov.ukquote checked 2026-10-02
An officer of at least superintendent rank may direct that a s.60 authorisation continues in being for a further 24 hours, if it appears to them expedient to do so having regard to offences which have been committed, or are reasonably suspected to have been committed, in connection with any activity falling within the authorisation.
Criminal Justice and Public Order Act 1994, s.60(3)
“If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any activity falling within the authorisation, he may direct that the authorisation shall continue in being for a further 24 hours.”
Read it at legislation.gov.ukquote checked 2026-10-02
Subject to subsection (9ZA) of s.60, an authorisation under s.60 must be in writing, signed by the officer giving it, and must specify the grounds on which it is given, the locality in which and the period during which the powers conferred by s.60 are exercisable.
Criminal Justice and Public Order Act 1994, s.60(9)
“Subject to subsection (9ZA), any authorisation under this section shall be in writing signed by the officer giving it and shall specify the grounds on which it is given and the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.”
Read it at legislation.gov.ukquote checked 2026-10-02
An authorisation under subsection (1)(aa) of s.60 need not be given in writing where it is not practicable to do so, but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.
Criminal Justice and Public Order Act 1994, s.60(9ZA)
“An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.”
Read it at legislation.gov.ukquote checked 2026-10-02
Section 60 gives any constable in uniform power to stop any pedestrian and search them, or anything carried by them, for offensive weapons or dangerous instruments.
Criminal Justice and Public Order Act 1994, s.60(4)
“This section confers on any constable in uniform power— to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;— to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.”
Read it at legislation.gov.ukquote checked 2026-10-02
Section 60 gives any constable in uniform power to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.
Criminal Justice and Public Order Act 1994, s.60(4)
“This section confers on any constable in uniform power— to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;— to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.”
Read it at legislation.gov.ukquote checked 2026-10-02
A constable in uniform exercising the s.60 powers to stop and search for offensive weapons or dangerous instruments may stop any person or vehicle and make any search they think fit, whether or not they have any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.
Criminal Justice and Public Order Act 1994, s.60(4) and (5)
“This section confers on any constable in uniform power— to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;— to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.— A constable may, in the exercise of the powers conferred by subsection (4) above , stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.”
Read it at legislation.gov.ukquote checked 2026-10-20
Under s.2(9)(a) of the Police and Criminal Evidence Act 1984, neither the power conferred by section 1 of that Act nor any other power to detain and search a person without first arresting them is to be construed as authorising a constable to require a person to remove any of their clothing in public other than an outer coat, jacket or gloves.
Police and Criminal Evidence Act 1984, s.2(9)(a)
“Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed— as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves”
Read it at legislation.gov.ukquote checked 2026-10-19
A constable who, in the course of a search under s.60, discovers a dangerous instrument or an article they have reasonable grounds for suspecting to be an offensive weapon may seize it.
Criminal Justice and Public Order Act 1994, s.60(6)
“If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.”
Read it at legislation.gov.ukquote checked 2026-10-02
In s.60, “dangerous instruments” means instruments which have a blade or are sharply pointed.
Criminal Justice and Public Order Act 1994, s.60(11)
““ dangerous instruments ” means instruments which have a blade or are sharply pointed”
Read it at legislation.gov.ukquote checked 2026-10-02
While an authorisation under s.60, or an authorisation under s.60AA(3), is in force for a locality and period, the powers in s.60AA(2) are exercisable at any place in that locality at any time in that period.
Criminal Justice and Public Order Act 1994, s.60AA(1)
“Where— an authorisation under section 60 is for the time being in force in relation to any locality for any period, or— an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period, those powers shall be exercisable at any place in that locality at any time in that period”
Read it at legislation.gov.ukquote checked 2026-09-16

Section 60: searched for weapons without grounds for suspicion →Who can authorise s.60 searches and on what basis, what a constable can do under one, the offence of failing to stop, and the written statement you can apply for afterwards.
Stopped and searched in the street →The everyday s.1 PACE power, which needs reasonable grounds, and the record of a search.

Said I'm the named subject of a court order that lets them search me without grounds

Sounds like a Serious Violence Reduction Order (SVRO)

Not a power an officer decides on the spot — a court order made against a specific named person, on conviction.

What the law says

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

What the law provides — the power, who can use it and when, and what follows — quoted from its source.

While the order is in force a constable may search you, as the person subject to it, for a bladed article or an offensive weapon.
Sentencing Act 2020, s.342E(2)
“A constable may search the offender for the purpose of ascertaining whether the offender has a bladed article or an offensive weapon with them.”
Read it at legislation.gov.ukquote checked 2026-08-25
You may be detained for the purpose of carrying out that search.
Sentencing Act 2020, s.342E(3)
“A constable may detain the offender for the purpose of carrying out the search.”
Read it at legislation.gov.ukquote checked 2026-08-25
The search power under the order is stated with no requirement of reasonable grounds at all.
Contrast s.1 PACE, which does not permit a search unless the officer has reasonable grounds for suspecting they will find something. Under an SVRO the fact of the order is the authority.
Sentencing Act 2020, s.342E(2)
“A constable may search the offender for the purpose of ascertaining whether the offender has a bladed article or an offensive weapon with them.”
Read it at legislation.gov.ukquote checked 2026-08-25
The search power only applies while you are in a public place.
Sentencing Act 2020, s.342E(5)
“The powers in this section may be exercised only while the offender is in a public place.”
Read it at legislation.gov.ukquote checked 2026-08-25

Serious Violence Reduction Orders: suspicionless search by name →What an SVRO actually lets a constable do, and the limits on it.

Just asked me questions — no search, no detention

This is a stop and account, not a search

An officer can ask you questions without using any legal power at all — and you don't have to answer.

What you can refuse

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You can refuse

Saying no is lawful and is not an offence, but it is not always free of consequences: read each item in full.

You do not have to explain what you are doing, where you are going, or answer any other question during a stop and account.
GOV.UK is direct on this: you do not have to stop or answer, and declining alone cannot be used as a reason to search or arrest you.
GOV.UK, Police powers to stop and search: your rights — Police powers to stop and question
“what your name is— what you’re doing in the area— where you’re going— You do not have to stop or answer any questions. If you do not and there’s no other reason to suspect you, then this alone cannot be used as a reason to search or arrest you.”
Read it at gov.ukquote checked 2026-10-24
Decline to answer without that refusal itself being treated as grounds to search you.
Reasonable grounds for a search cannot be built retrospectively out of your silence.
PACE Code A (2023), paragraph 2.9
“Reasonable grounds for suspicion however cannot be provided retrospectively by such questioning during a person’s detention or by refusal to answer any questions asked.”
Read it at gov.ukquote checked 2026-08-25
You do not have to tell an officer your name simply because you have been stopped and asked it.
There is no general duty to identify yourself. The anti-social behaviour and driving exceptions are separate.
GOV.UK, Police powers to stop and search: your rights — Police powers to stop and question
“what your name is— what you’re doing in the area— where you’re going— You do not have to stop or answer any questions. If you do not and there’s no other reason to suspect you, then this alone cannot be used as a reason to search or arrest you.”
Read it at gov.ukquote checked 2026-10-24

Stopped and asked what you are doing — but not searched →Why this is different from a search, and how it can turn into one.

Told me I'm under arrest

You're under arrest — the custody rights that follow

Once you are arrested the relevant powers switch from street powers to custody rights. These are the two that matter immediately.

What you must do, what refusing costs you and what you are entitled to

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

As soon as practicable, be told that an appropriate adult is required and why, be advised of the appropriate adult’s duties, and be told that you can consult the appropriate adult privately at any time.
The appropriate adult must also be told the grounds for your detention and your whereabouts, and their attendance at the police station to see you must be secured.
PACE Code C (2023), paragraph 3.15
“If the detainee is a juvenile or a vulnerable person, the custody officer must, as soon as practicable, ensure that: the detainee is informed of the decision that an appropriate adult is required and the reason for that decision (see paragraph 3.5(c)(ii) and; the detainee is advised: of the duties of the appropriate adult as described in paragraph 1.7A; and that they can consult privately with the appropriate adult at any time. the appropriate adult, who in the case of a juvenile may or may not be a person responsible for their welfare, as in paragraph 3.13, is informed of: the grounds for their detention; their whereabouts; and the attendance of the appropriate adult at the police station to see the detainee is secured.”
Read it at gov.ukquote checked 2026-09-16
Be treated as a juvenile for these purposes if you appear to be under 18, unless there is clear evidence that you are older.
PACE Code C (2023), paragraph 1.5
“Anyone who appears to be under 18, shall, in the absence of clear evidence that they are older, be treated as a juvenile for the purposes of this Code and any other Code.”
Read it at gov.ukquote checked 2026-09-16

Refusing costs you

Refusing may carry a penalty, allow an inference to be drawn against you, or be an offence in itself.

You do not have to answer the questions put to you, though there can be consequences if you do not.
The consequence is the adverse inference the caution warns about. This page does not source that rule — the caution page does; go there before deciding how to handle questions.
GOV.UK, Being arrested: your rights — your rights in custody
“You do not have to answer the questions but there could be consequences if you do not.”
Read it at gov.ukquote checked 2026-08-25

You are entitled to

Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.

You are entitled to be told about three continuing rights at the custody desk — consulting a solicitor, having someone informed of your arrest, and consulting the Codes of Practice — and you can exercise any of them at any stage in custody, not only when you first arrive.
PACE Code C (2023), paragraph 3.1(a)(i)-(iii)
“the custody officer must make sure the person is told clearly about:—(a) the following continuing rights, which may be exercised at any stage during the period in custody:—(i) their right to consult privately with a solicitor and that free independent legal advice is available as in section 6;—(ii) their right to have someone informed of their arrest as in section 5;—(iii) their right to consult the Codes of Practice”
Read it at gov.ukquote checked 2026-09-14
You are entitled to consult a solicitor privately at any time — in person, in writing or by telephone — and free independent legal advice is available, unless the narrow Annex B power to delay access applies to your case.
The Code puts the Annex B qualifier at the front of this right, so it governs the whole of it, including the "at any time" part. Delay is a limit on when you get access, not a removal of the entitlement.
PACE Code C (2023), paragraph 6.1
“Unless Annex B applies, all detainees must be informed that they may at any time consult and communicate privately with a solicitor, whether in person, in writing or by telephone, and that free independent legal advice is available.”
Read it at gov.ukquote checked 2026-09-14
No police officer may lawfully try to talk you out of getting legal advice, whether or not you have already been arrested.
PACE Code C (2023), paragraph 6.4
“No police officer should, at any time, do or say anything with the intention of dissuading any person who is entitled to legal advice in accordance with this Code, whether or not they have been arrested and are detained, from obtaining legal advice.”
Read it at gov.ukquote checked 2026-09-14
Once you ask for legal advice, the custody officer must act without delay to arrange it, unless a narrow, defined power to delay access (Code C calls it Annex B) applies to your case.
This site does not yet cover when that power can be used — treat the label as something to ask about, not something to look up here. Note too that the right includes speaking to a solicitor by telephone, and that some detainees’ right to free advice is limited to telephone advice from CDS Direct — so do not expect a solicitor in person in every case.
PACE Code C (2023), paragraph 6.5
“The exercise of the right of access to legal advice may be delayed only as in Annex B.—Whenever legal advice is requested, and unless Annex B applies, the custody officer must act without delay to secure the provision of such advice.—If the detainee has the right to speak to a solicitor in person but declines to exercise the right the officer should point out that the right includes the right to speak with a solicitor on the telephone.—a detainee whose right to free legal advice is limited to telephone advice from the Criminal Defence Service (CDS) Direct”
Read it at gov.ukquote checked 2026-09-14
You are entitled to consult a solicitor privately at any time, so saying no once does not use the right up — you can ask again at any stage.
Police and Criminal Evidence Act 1984, s.58(1)
“A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.”
Read it at legislation.gov.ukquote checked 2026-08-25

Your rights in police custody →The three things to ask for immediately, and why the duty solicitor is not the police’s solicitor.
How long the police can hold you →The 24/36/96-hour custody clock and what release without charge does and does not mean.
Custody clock tool →Work out the actual milestone times from when detention began.

In a vehicle you've been asked to stop

What did the officer say or do?

Signalled or told me to stop — nothing else yet

s.163 Road Traffic Act 1988 — you must stop

One of the few places on this site where the answer is a flat legal duty, not a choice.

A person driving must stop the vehicle on being required to do so by a constable in uniform or a traffic officer.
Road Traffic Act 1988, s.163(1)
“A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer”
Read it at the sourcequote checked 2026-10-16
Failing to stop is a criminal offence in its own right.
Road Traffic Act 1988, s.163(3)
“If a person fails to comply with this section he is guilty of an offence.”
Read it at the sourcequote checked 2026-08-25

Stopped while driving →The duty to stop, the s.172 duty to name the driver, and what is still yours to decline.

Wants to breath-test me, or says I might be drink- or drug-driving

Breath test, or a drink- or drug-driving procedure

Two separate stages — a roadside preliminary test under s.6, then an evidential specimen under s.7 — and refusing either without reasonable excuse is its own offence.

What you must do and what refusing costs you

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

Co-operate with a roadside preliminary test when a constable requires one under s.6.
The power only arises if one of the conditions in s.6(2)-(5) is met — for example, reasonably suspected alcohol or drugs while driving, or after an accident.
Road Traffic Act 1988, s.6(1), (2) and (5)
“If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.— This subsection applies if a constable reasonably suspects that the person— is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and— has alcohol or a drug in his body or is under the influence of a drug— an accident occurs owing to the presence of a motor vehicle on a road or other public place, and— a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident”
Read it at legislation.gov.ukquote checked 2026-08-25
Failing without reasonable excuse to co-operate with a preliminary test is itself an offence.
Road Traffic Act 1988, s.6(6)
“A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.”
Read it at legislation.gov.ukquote checked 2026-08-25
Provide an evidential specimen of breath, blood or urine when a constable validly requires one under s.7.
Road Traffic Act 1988, s.7(1)
“a constable may, subject to the following provisions of this section and section 9 of this Act, require him— to provide two specimens of breath for analysis by means of a device of a type approved by the Secretary of State, or— to provide a specimen of blood or urine for a laboratory test”
Read it at legislation.gov.ukquote checked 2026-08-25
Failing without reasonable excuse to provide that specimen is a criminal offence in its own right.
Road Traffic Act 1988, s.7(6)
“A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.”
Read it at legislation.gov.ukquote checked 2026-08-25

Refusing costs you

Refusing may carry a penalty, allow an inference to be drawn against you, or be an offence in itself.

Ask to speak to a solicitor before providing the specimen — but the police do not have to wait for one.
Courts have repeatedly held there is nothing in PACE that requires police to delay taking the specimen while a solicitor is found. Asking is not a reasonable excuse to refuse or stall.
Myles v DPP [2004] EWHC 594 (Admin), quoting DPP v Billington [1988] 1 WLR 535 (Div Ct)
“All that the Act of 1984 requires is that the Defendant be permitted to consult a solicitor as soon as practicable. There is nothing in the Act of 1984 which requires the police, whether expressly or by implication, to delay the taking of a specimen”
Read it at caselaw.nationalarchives.gov.ukquote checked 2026-08-25
You do not have to answer the questions put to you, though there can be consequences if you do not.
Providing the specimen is a specific, separate duty. It is not a duty to answer an officer’s wider questions.
GOV.UK, Being arrested: your rights — your rights in custody
“You do not have to answer the questions but there could be consequences if you do not.”
Read it at gov.ukquote checked 2026-08-25

Breath tests, blood, and drug driving: what you must do →Why there is no right to wait for a solicitor here, unlike almost everywhere else on this site.

Is asking, or sent a form asking, who was driving on a particular occasion

s.172 Road Traffic Act 1988 — naming the driver

If a driving offence is alleged, the registered keeper must say who was driving. This is the trap people talk themselves into.

What you must do and what refusing costs you

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

Stop the vehicle when a constable in uniform or a traffic officer requires you to.
Road Traffic Act 1988, s.163(1)
“A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer”
Read it at legislation.gov.ukquote checked 2026-10-16
Failing to stop is a criminal offence.
Road Traffic Act 1988, s.163(3)
“If a person fails to comply with this section he is guilty of an offence.”
Read it at legislation.gov.ukquote checked 2026-08-25
As registered keeper, say who was driving when required.
This applies to the keeper, and a separate duty can apply to others who know.
Road Traffic Act 1988, s.172(2)(a)
“the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police”
Read it at legislation.gov.ukquote checked 2026-08-25

Refusing costs you

Refusing may carry a penalty, allow an inference to be drawn against you, or be an offence in itself.

Refusing to name the driver carries a fine and an obligatory licence endorsement.
Frequently a heavier penalty than the offence being investigated.
Road Traffic Offenders Act 1988, Schedule 2, Part I — RTA s.172
“Failure of person keeping vehicle and others to give police information as to identity of driver, etc. , in the case of certain offences. Summarily. Level 3 on the standard scale. Discretionary, if committed otherwise than by virtue of subsection (5) or (11). Obligatory, if committed otherwise than by virtue of subsection”
Read it at legislation.gov.ukquote checked 2026-08-25
You do not have to answer the questions put to you, though there can be consequences if you do not.
Identifying the driver is a specific statutory duty set out above. It is not a duty to be interviewed about your speed or your journey.
GOV.UK, Being arrested: your rights — your rights in custody
“You do not have to answer the questions but there could be consequences if you do not.”
Read it at gov.ukquote checked 2026-08-25

Stopped while driving →The s.172 duty in full, and the narrow reasonable-diligence defence if you genuinely do not know.

Wants to search the vehicle for stolen goods or a weapon, with a stated reason

Sounds like an ordinary s.1 PACE stop and search

The everyday power, for stolen or prohibited articles. It needs reasonable grounds, not a hunch.

What you can refuse, what refusing costs you and what you are entitled to

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You can refuse

Saying no is lawful and is not an offence, but it is not always free of consequences: read each item in full.

You are under no obligation to give your name, address or date of birth for a stop-and-search record.
PACE Code A says so in terms, and adds that you should not even be asked for it for that purpose. The separate anti-social-behaviour power is under “Refusing costs you”.
PACE Code A (2023), paragraph 4.3
“The person is under no obligation to provide this information and they should not be asked to provide it for the purpose of completing the record.”
Read it at gov.ukquote checked 2026-08-25

Refusing costs you

Refusing may carry a penalty, allow an inference to be drawn against you, or be an offence in itself.

Refusing, or giving a false or inaccurate name or address, once that requirement is properly made is an offence carrying a fine up to level 3 on the standard scale.
This is the exception that catches people out — it converts an ordinary street stop into a situation where silence is chargeable.
Police Reform Act 2002, s.50(2)
“fails to give his name and address when required to do so under subsection (1) — gives a false or inaccurate name or address in response to a requirement under that subsection — is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale”
Read it at legislation.gov.ukquote checked 2026-09-14

You are entitled to

Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.

If the officer is not in uniform, you are entitled to documentary evidence that they are a constable — and the search must not begin until that duty, and the other pre-search duties, have been performed.
This is arguably the most important protection in the whole section: it is what lets someone stopped by a plain-clothes officer demand proof they are police before anything else happens.
Police and Criminal Evidence Act 1984, s.2(2)-(3)
“it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—if the constable is not in uniform, documentary evidence that he is a constable; and—whether he is in uniform or not, the matters specified in subsection (3) below;—and the constable shall not commence the search until he has performed that duty.—The matters referred to in subsection (2)(ii) above are—the constable’s name and the name of the police station to which he is attached;—the object of the proposed search;—the constable’s grounds for proposing to make it; and—the effect of section 3(7) or (8) below, as may be appropriate.”
Read it at legislation.gov.ukquote checked 2026-09-14
You are entitled to be told, before the search starts, four things: the officer’s name and station, what they are looking for, their grounds for the search, and the effect of the statutory provisions about getting a copy of the search record.
This is what the GOWISELY mnemonic is a memory aid for — the mnemonic is a training device, not itself the rule; the rule is the pre-search duty in section 2 of PACE. The fourth matter is the one people miss: section 2(3)(d) requires the officer to tell you the EFFECT of the record provisions, and what that effect is — a copy on request within three months — is the separate item below. The record point can be left out only where it appears a record will not be practicable to make.
Police and Criminal Evidence Act 1984, s.2(2)-(3)
“it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—if the constable is not in uniform, documentary evidence that he is a constable; and—whether he is in uniform or not, the matters specified in subsection (3) below;—and the constable shall not commence the search until he has performed that duty.—The matters referred to in subsection (2)(ii) above are—the constable’s name and the name of the police station to which he is attached;—the object of the proposed search;—the constable’s grounds for proposing to make it; and—the effect of section 3(7) or (8) below, as may be appropriate.”
Read it at legislation.gov.ukquote checked 2026-09-14
For the search powers on this page, you are entitled to have a written record of the search made, unless doing so is genuinely not practicable.
The duty is not universal across every search power — the Act carves out searches under section 6 and under the Aviation Security Act — but it does cover the everyday street powers described here.
Police and Criminal Evidence Act 1984, s.3(1)
“Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—under section 6 below; or—under section 27(2) of the Aviation Security Act 1982, a record of the search shall be made in writing unless it is not practicable to do so.”
Read it at legislation.gov.ukquote checked 2026-09-14
You are entitled to a copy of that record if you ask for one within three months of the date of the search.
Miss the three-month window and the statutory entitlement to a copy lapses.
Police and Criminal Evidence Act 1984, s.3(7) and (9)
“If a record of a search of a person has been made under this section, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below. — The period mentioned in subsections (7) and (8) above is the period of 3 months beginning with the date on which the search was made.”
Read it at legislation.gov.ukquote checked 2026-09-14

What the law says

The officer may detain you for the purpose of carrying out the search.
So walking away from a lawful detention risks arrest. Object verbally, not physically.
Police and Criminal Evidence Act 1984, s.1(2)(b)
“may detain a person or vehicle for the purpose of such a search”
Read it at legislation.gov.ukquote checked 2026-08-25
A s.1 PACE search is not permitted at all unless the officer has reasonable grounds for suspecting they will find something.
A hunch is not grounds. Neither, on its own, is your race, age or the area you are in.
Police and Criminal Evidence Act 1984, s.1(3)
“This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles”
Read it at legislation.gov.ukquote checked 2026-08-25

Stopped and searched in the street →The three stop-and-search powers, what officers must tell you, and what to do afterwards.

Wants to search the vehicle for drugs

Sounds like a search under s.23 Misuse of Drugs Act 1971

This is a grounds-based power specifically for controlled drugs, not the general s.1 PACE power.

A constable needs reasonable grounds to suspect you are in possession of a controlled drug before they can search you under this power.
Misuse of Drugs Act 1971, s.23(2)
“If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act”
Read it at the sourcequote checked 2026-08-25

Stopped and searched in the street →What the officer must tell you before any stop and search, and how to challenge one afterwards.

Says there's an area authorisation and no reason connected to me is needed

Sounds like a s.60 CJPOA area authorisation

What you must do and what you are entitled to

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

You must stop, or stop your vehicle, when a constable requires you to in the exercise of their powers under s.60. Failing to do so is an offence, punishable on summary conviction by imprisonment for up to one month, a fine up to level 3 on the standard scale, or both.
Criminal Justice and Public Order Act 1994, s.60(8)(a)
“A person who fails— to stop, or to stop a vehicle;— when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.”
Read it at legislation.gov.ukquote checked 2026-10-02
Resisting or wilfully obstructing a constable in the execution of their duty is an offence.
Police Act 1996, s.89(2)
“any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence”
Read it at legislation.gov.ukquote checked 2026-08-25
If an authorisation under s.60 or s.60AA(3) is in force and a constable in uniform requires it, remove any item the constable reasonably believes you are wearing wholly or mainly to conceal your identity.
Criminal Justice and Public Order Act 1994, s.60AA(2)
“This subsection confers power on any constable in uniform— to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity”
Read it at legislation.gov.ukquote checked 2026-08-25
Failing to remove an item when a constable requires it under s.60AA is punishable on summary conviction by up to one month’s imprisonment, a fine not exceeding level 3, or both.
Criminal Justice and Public Order Act 1994, s.60AA(7)
“A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.”
Read it at legislation.gov.ukquote checked 2026-08-25

You are entitled to

Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.

You are entitled to a written statement that you were searched under s.60, if you apply for it within twelve months of the day you were searched.
The entitlement exists only if you apply. What you get is a statement that you were searched under s.60.
Criminal Justice and Public Order Act 1994, s.60(10A)
“A person who is searched by a constable under this section shall be entitled to obtain a written statement that he was searched under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which he was searched.”
Read it at legislation.gov.ukquote checked 2026-10-02
If you are the driver of a vehicle stopped under s.60, you are entitled to a written statement that the vehicle was stopped under the powers conferred by s.60, if you apply for it within twelve months of the day it was stopped.
Criminal Justice and Public Order Act 1994, s.60(10)
“Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped”
Read it at legislation.gov.ukquote checked 2026-10-02

What the law says

What the law provides — the power, who can use it and when, and what follows — quoted from its source. The sections above say what you must do and what you are entitled to.

An officer of at least inspector rank may give a s.60 authorisation where they reasonably believe one of three things: that incidents involving serious violence may take place in a locality in their police area and that an authorisation is expedient to prevent them; or that an incident involving serious violence has taken place in England and Wales in their police area, that a dangerous instrument or offensive weapon used in the incident is being carried by a person in a locality in their police area, and that an authorisation is expedient to find the instrument or weapon; or that persons are carrying dangerous instruments or offensive weapons in a locality in their police area without good reason.
Criminal Justice and Public Order Act 1994, s.60(1)
“If a police officer of or above the rank of inspector reasonably believes— that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence,— that— an incident involving serious violence has taken place in England and Wales in his police area;— a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and— it is expedient to give an authorisation under this section to find the instrument or weapon; or— that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason, he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.”
Read it at legislation.gov.ukquote checked 2026-10-02
A s.60 authorisation can make the powers conferred by s.60 exercisable at any place within the locality in the officer’s police area that the officer’s belief concerns, for a specified period not exceeding 24 hours.
Criminal Justice and Public Order Act 1994, s.60(1)
“If a police officer of or above the rank of inspector reasonably believes— that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence,— that— an incident involving serious violence has taken place in England and Wales in his police area;— a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and— it is expedient to give an authorisation under this section to find the instrument or weapon; or— that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason, he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.”
Read it at legislation.gov.ukquote checked 2026-10-02
An officer of at least superintendent rank may direct that a s.60 authorisation continues in being for a further 24 hours, if it appears to them expedient to do so having regard to offences which have been committed, or are reasonably suspected to have been committed, in connection with any activity falling within the authorisation.
Criminal Justice and Public Order Act 1994, s.60(3)
“If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any activity falling within the authorisation, he may direct that the authorisation shall continue in being for a further 24 hours.”
Read it at legislation.gov.ukquote checked 2026-10-02
Subject to subsection (9ZA) of s.60, an authorisation under s.60 must be in writing, signed by the officer giving it, and must specify the grounds on which it is given, the locality in which and the period during which the powers conferred by s.60 are exercisable.
Criminal Justice and Public Order Act 1994, s.60(9)
“Subject to subsection (9ZA), any authorisation under this section shall be in writing signed by the officer giving it and shall specify the grounds on which it is given and the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.”
Read it at legislation.gov.ukquote checked 2026-10-02
An authorisation under subsection (1)(aa) of s.60 need not be given in writing where it is not practicable to do so, but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.
Criminal Justice and Public Order Act 1994, s.60(9ZA)
“An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.”
Read it at legislation.gov.ukquote checked 2026-10-02
Section 60 gives any constable in uniform power to stop any pedestrian and search them, or anything carried by them, for offensive weapons or dangerous instruments.
Criminal Justice and Public Order Act 1994, s.60(4)
“This section confers on any constable in uniform power— to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;— to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.”
Read it at legislation.gov.ukquote checked 2026-10-02
Section 60 gives any constable in uniform power to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.
Criminal Justice and Public Order Act 1994, s.60(4)
“This section confers on any constable in uniform power— to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;— to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.”
Read it at legislation.gov.ukquote checked 2026-10-02
A constable in uniform exercising the s.60 powers to stop and search for offensive weapons or dangerous instruments may stop any person or vehicle and make any search they think fit, whether or not they have any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.
Criminal Justice and Public Order Act 1994, s.60(4) and (5)
“This section confers on any constable in uniform power— to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;— to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.— A constable may, in the exercise of the powers conferred by subsection (4) above , stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.”
Read it at legislation.gov.ukquote checked 2026-10-20
Under s.2(9)(a) of the Police and Criminal Evidence Act 1984, neither the power conferred by section 1 of that Act nor any other power to detain and search a person without first arresting them is to be construed as authorising a constable to require a person to remove any of their clothing in public other than an outer coat, jacket or gloves.
Police and Criminal Evidence Act 1984, s.2(9)(a)
“Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed— as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves”
Read it at legislation.gov.ukquote checked 2026-10-19
A constable who, in the course of a search under s.60, discovers a dangerous instrument or an article they have reasonable grounds for suspecting to be an offensive weapon may seize it.
Criminal Justice and Public Order Act 1994, s.60(6)
“If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.”
Read it at legislation.gov.ukquote checked 2026-10-02
In s.60, “dangerous instruments” means instruments which have a blade or are sharply pointed.
Criminal Justice and Public Order Act 1994, s.60(11)
““ dangerous instruments ” means instruments which have a blade or are sharply pointed”
Read it at legislation.gov.ukquote checked 2026-10-02
While an authorisation under s.60, or an authorisation under s.60AA(3), is in force for a locality and period, the powers in s.60AA(2) are exercisable at any place in that locality at any time in that period.
Criminal Justice and Public Order Act 1994, s.60AA(1)
“Where— an authorisation under section 60 is for the time being in force in relation to any locality for any period, or— an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period, those powers shall be exercisable at any place in that locality at any time in that period”
Read it at legislation.gov.ukquote checked 2026-09-16

Section 60: searched for weapons without grounds for suspicion →Who can authorise s.60 searches and on what basis, what a constable can do under one, the offence of failing to stop, and the written statement you can apply for afterwards.
Stopped and searched in the street →The everyday s.1 PACE power, which needs reasonable grounds, and the record of a search.

At a port, airport, or international rail station

What are they doing?

Says I'm being examined under Schedule 7 of the Terrorism Act 2000

Schedule 7, Terrorism Act 2000

The single biggest exception to "you never have to answer police questions" on the whole site.

What you must do

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

Give the examining officer any information in your possession that they request.
Terrorism Act 2000, Schedule 7, paragraph 5
“A person who is questioned under paragraph 2 or 3 must— give the examining officer any information in his possession which the officer requests”
Read it at legislation.gov.ukquote checked 2026-08-25
Wilfully failing to comply is a criminal offence.
Terrorism Act 2000, Schedule 7, paragraph 18(1)
“A person commits an offence if he— wilfully fails to comply with a duty imposed under or by virtue of this Schedule”
Read it at legislation.gov.ukquote checked 2026-08-25
The penalty on summary conviction is up to three months’ imprisonment, a fine not exceeding level 4 on the standard scale, or both.
Terrorism Act 2000, Schedule 7, paragraph 18(2)
“A person guilty of an offence under this paragraph shall be liable on summary conviction to— imprisonment for a term not exceeding three months,— a fine not exceeding level 4 on the standard scale, or— both.”
Read it at legislation.gov.ukquote checked 2026-10-17

What the law says

What the law provides — the power, who can use it and when, and what follows — quoted from its source. The section above says what you must do.

The power is to question you in order to determine whether you appear to be concerned in terrorism, not because you are already suspected.
So "you had no reason to stop me" is not the objection people expect it to be.
Terrorism Act 2000, Schedule 7, paragraph 2(1)
“An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).”
Read it at legislation.gov.ukquote checked 2026-08-25

Schedule 7: stopped at a port or airport →What you must hand over, and what is still true even under this power.

Something else — an ordinary customs or immigration check

Not Schedule 7 — ask which power applies

This tool only covers Schedule 7 examinations at the border in detail.

Not fully sourced yet: If a different power is being used at the port — an ordinary customs check, or something under immigration law — this site does not have that specific power sourced yet. Ask directly which power is being used before assuming Schedule 7’s "no right to silence" rule applies; it is specific to Schedule 7 itself.

Schedule 7: stopped at a port or airport →The one border power this site has fully sourced, and how it differs from an ordinary stop.

At home, and someone's at the door

What are they asking to do?

Has a search warrant

A search warrant — s.8 PACE 1984

Issued by a justice of the peace, and only on specific grounds.

A warrant can only be issued once a justice of the peace is satisfied there are reasonable grounds for believing all five of the things section 8(1) lists — including that the material is likely to be of substantial value to the investigation, and that it is not legally privileged, excluded or special procedure material.
Police and Criminal Evidence Act 1984, s.8(1)
“If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—that an indictable offence has been committed; and—that there is material on premises mentioned in subsection (1A) below which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and—that the material is likely to be relevant evidence; and—that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and—that any of the conditions specified in subsection (3) below applies, he may issue a warrant authorising a constable to enter and search the premises in relation to each set of premises specified in the application”
Read it at the sourcequote checked 2026-09-28
When executing it, the officer must identify themselves, produce the warrant, and supply you with a copy of it.
Police and Criminal Evidence Act 1984, s.16(5)
“shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable—shall produce the warrant to him—shall supply him with a copy of it”
Read it at the sourcequote checked 2026-08-25

When police can enter your home →All four lawful routes into a home, and what a warrant must show.

Wants to come in to arrest someone they believe is inside

Entering to make an arrest — s.17 PACE 1984

The most commonly used route into a home, and it is conditional.

A constable may enter and search premises for the purpose of arresting a person for an indictable offence.
Police and Criminal Evidence Act 1984, s.17(1)(b)
“a constable may enter and search any premises for the purpose— of arresting a person for an indictable offence”
Read it at the sourcequote checked 2026-08-25
That power is only exercisable if the constable has reasonable grounds for believing the person they are seeking is on the premises.
Police and Criminal Evidence Act 1984, s.17(2)(a)
“the powers of entry and search conferred by this section— are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises”
Read it at the sourcequote checked 2026-08-25

When police can enter your home →How this route compares with the warrant, emergency, and post-arrest routes.

Says it's an emergency — life at risk, or preventing serious damage

Emergency entry — s.17(1)(e) PACE 1984

The one route that does not need the usual grounds for believing a specific person is present.

A constable may enter and search premises for the purpose of saving life or limb, or preventing serious damage to property.
Police and Criminal Evidence Act 1984, s.17(1)(e)
“a constable may enter and search any premises for the purpose— of saving life or limb or preventing serious damage to property”
Read it at the sourcequote checked 2026-09-11

When police can enter your home →Why this ground sits outside the usual "reasonable grounds a person is present" condition.

Has just arrested someone here and wants to search the property

Searching after an arrest — s.18 or s.32 PACE 1984

A lawful arrest does not end at the front step. Two separate powers can bring police back into a home.

Officers can enter and search premises occupied or controlled by a person under arrest for an indictable offence, if they have reasonable grounds for suspecting there is evidence relating to that offence there.
Police and Criminal Evidence Act 1984, s.18(1)
“a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates— to that offence”
Read it at the sourcequote checked 2026-08-25
Subject to an exception in section 18(5), those search powers may not be used unless an officer of the rank of inspector or above has authorised them in writing.
Police and Criminal Evidence Act 1984, s.18(4)
“Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.”
Read it at the sourcequote checked 2026-09-11
Separately, where the arrest is for an indictable offence, officers can enter and search premises the person was in when arrested, or immediately before, for evidence relating to that offence.
Police and Criminal Evidence Act 1984, s.32(2)(b)
“if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence”
Read it at the sourcequote checked 2026-08-25

When police can enter your home →The full explanation of both post-arrest search powers, and what force can lawfully be used.

None of the above — they haven't said

No power named yet — ask which one applies

An officer at your door needs a specific legal basis to come in, and there are only four routes.

Not fully sourced yet: Without knowing which of the four routes is being relied on, this tool cannot tell you which rules apply. Asking "what power are you using?" is a fair question, not an obstruction.

When police can enter your home →All four lawful routes police have into a home, in plain terms.

Already under arrest, at a police station

You're under arrest — the custody rights that follow

Once you are arrested the relevant powers switch from street powers to custody rights. These are the two that matter immediately.

What you must do, what refusing costs you and what you are entitled to

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

As soon as practicable, be told that an appropriate adult is required and why, be advised of the appropriate adult’s duties, and be told that you can consult the appropriate adult privately at any time.
The appropriate adult must also be told the grounds for your detention and your whereabouts, and their attendance at the police station to see you must be secured.
PACE Code C (2023), paragraph 3.15
“If the detainee is a juvenile or a vulnerable person, the custody officer must, as soon as practicable, ensure that: the detainee is informed of the decision that an appropriate adult is required and the reason for that decision (see paragraph 3.5(c)(ii) and; the detainee is advised: of the duties of the appropriate adult as described in paragraph 1.7A; and that they can consult privately with the appropriate adult at any time. the appropriate adult, who in the case of a juvenile may or may not be a person responsible for their welfare, as in paragraph 3.13, is informed of: the grounds for their detention; their whereabouts; and the attendance of the appropriate adult at the police station to see the detainee is secured.”
Read it at gov.ukquote checked 2026-09-16
Be treated as a juvenile for these purposes if you appear to be under 18, unless there is clear evidence that you are older.
PACE Code C (2023), paragraph 1.5
“Anyone who appears to be under 18, shall, in the absence of clear evidence that they are older, be treated as a juvenile for the purposes of this Code and any other Code.”
Read it at gov.ukquote checked 2026-09-16

Refusing costs you

Refusing may carry a penalty, allow an inference to be drawn against you, or be an offence in itself.

You do not have to answer the questions put to you, though there can be consequences if you do not.
The consequence is the adverse inference the caution warns about. This page does not source that rule — the caution page does; go there before deciding how to handle questions.
GOV.UK, Being arrested: your rights — your rights in custody
“You do not have to answer the questions but there could be consequences if you do not.”
Read it at gov.ukquote checked 2026-08-25

You are entitled to

Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.

You are entitled to be told about three continuing rights at the custody desk — consulting a solicitor, having someone informed of your arrest, and consulting the Codes of Practice — and you can exercise any of them at any stage in custody, not only when you first arrive.
PACE Code C (2023), paragraph 3.1(a)(i)-(iii)
“the custody officer must make sure the person is told clearly about:—(a) the following continuing rights, which may be exercised at any stage during the period in custody:—(i) their right to consult privately with a solicitor and that free independent legal advice is available as in section 6;—(ii) their right to have someone informed of their arrest as in section 5;—(iii) their right to consult the Codes of Practice”
Read it at gov.ukquote checked 2026-09-14
You are entitled to consult a solicitor privately at any time — in person, in writing or by telephone — and free independent legal advice is available, unless the narrow Annex B power to delay access applies to your case.
The Code puts the Annex B qualifier at the front of this right, so it governs the whole of it, including the "at any time" part. Delay is a limit on when you get access, not a removal of the entitlement.
PACE Code C (2023), paragraph 6.1
“Unless Annex B applies, all detainees must be informed that they may at any time consult and communicate privately with a solicitor, whether in person, in writing or by telephone, and that free independent legal advice is available.”
Read it at gov.ukquote checked 2026-09-14
No police officer may lawfully try to talk you out of getting legal advice, whether or not you have already been arrested.
PACE Code C (2023), paragraph 6.4
“No police officer should, at any time, do or say anything with the intention of dissuading any person who is entitled to legal advice in accordance with this Code, whether or not they have been arrested and are detained, from obtaining legal advice.”
Read it at gov.ukquote checked 2026-09-14
Once you ask for legal advice, the custody officer must act without delay to arrange it, unless a narrow, defined power to delay access (Code C calls it Annex B) applies to your case.
This site does not yet cover when that power can be used — treat the label as something to ask about, not something to look up here. Note too that the right includes speaking to a solicitor by telephone, and that some detainees’ right to free advice is limited to telephone advice from CDS Direct — so do not expect a solicitor in person in every case.
PACE Code C (2023), paragraph 6.5
“The exercise of the right of access to legal advice may be delayed only as in Annex B.—Whenever legal advice is requested, and unless Annex B applies, the custody officer must act without delay to secure the provision of such advice.—If the detainee has the right to speak to a solicitor in person but declines to exercise the right the officer should point out that the right includes the right to speak with a solicitor on the telephone.—a detainee whose right to free legal advice is limited to telephone advice from the Criminal Defence Service (CDS) Direct”
Read it at gov.ukquote checked 2026-09-14
You are entitled to consult a solicitor privately at any time, so saying no once does not use the right up — you can ask again at any stage.
Police and Criminal Evidence Act 1984, s.58(1)
“A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.”
Read it at legislation.gov.ukquote checked 2026-08-25

Your rights in police custody →The three things to ask for immediately, and why the duty solicitor is not the police’s solicitor.
How long the police can hold you →The 24/36/96-hour custody clock and what release without charge does and does not mean.
Custody clock tool →Work out the actual milestone times from when detention began.

Scotland

Where are you, and what is happening?

In the street, a shop, or another public place, and being searched or stopped

Stop and search in Scotland

This is the Duty Map from this site’s page on stop and search in Scotland. Consensual search was abolished here — an officer needs an express statutory power or a warrant, whatever you agree to at the time.

What you must do and what you are entitled to

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

Physically resisting, obstructing or hindering a constable carrying out a lawful search is a separate criminal offence in itself.
The street is the wrong place to argue whether a search is lawful — note the officer’s details and raise it afterwards.
Police and Fire Reform (Scotland) Act 2012, s.90(2)-(3)(a)
“It is an offence for a person to resist, obstruct or hinder— that of a constable”
Read it at legislation.gov.ukquote checked 2026-08-25

You are entitled to

Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.

You are entitled to receive a copy of the record of the search under the statutory Code of Practice.
Criminal Justice (Scotland) Act 2016, s.73(1) and (2)(c)(ii)
“The Scottish Ministers must make a code of practice about the carrying out of a search of a person who is not in police custody.— A code of practice must set out (in particular)— the right of someone to receive a copy of the record”
Read it at legislation.gov.ukquote checked 2026-08-25
If you are detained for a search on suspicion of a bladed or pointed article, you are entitled to be told the reason for your detention.
Criminal Law (Consolidation) (Scotland) Act 1995, s.50(2)
“A constable who detains a person under subsection (1) above shall inform him of the reason for his detention.”
Read it at legislation.gov.ukquote checked 2026-08-30

What the law says

What the law provides — the power, who can use it and when, and what follows — quoted from its source. The sections above say what you must do and what you are entitled to.

The officer may detain you for the purpose of carrying out a lawful drugs search.
So walking away mid-search risks arrest for obstruction. Object verbally, not physically.
Misuse of Drugs Act 1971, s.23(2)(a)
“search that person, and detain him for the purpose of searching him”
Read it at legislation.gov.ukquote checked 2026-08-25
If you are being taken to or from a place, a constable may search you to check you are not carrying an item or substance that could cause harm to you or someone else.
For example, between a police station and a hospital. This is a narrower power than a general search — it is not a licence to look for evidence of an offence.
Criminal Justice (Scotland) Act 2016, s.66(1)
“A person who is not in police custody may be searched by a constable while the person is to be, or is being, taken to or from any place— by virtue of any enactment, warrant or court order requiring or permitting the constable to do so, or— in circumstances in which the constable believes that it is necessary to do so with respect to the care or protection of the person.”
Read it at legislation.gov.ukquote checked 2026-08-30
A constable may search and detain you if they have reasonable grounds to suspect you are in possession of stolen property.
A separate Scottish power from the drugs power above — the same rule still applies: no statutory power, no lawful search.
Civic Government (Scotland) Act 1982, s.60(1)(a)
“if a constable has reasonable grounds to suspect that a person is in possession of any stolen property, the constable may without warrant— search that person or anything in his possession, and detain him for as long as is necessary for the purpose of that search”
Read it at legislation.gov.ukquote checked 2026-08-30
A constable may search and detain you where they have reasonable grounds to suspect BOTH that you have such an article with you AND that you have committed or are committing the offence of carrying it.
Two limbs, not one. An article with a blade or a sharp point is not automatically an offence to carry — section 49 allows for good reason or lawful authority — so suspicion of possession alone does not open the power.
Criminal Law (Consolidation) (Scotland) Act 1995, s.50(1)
“Where a constable has reasonable grounds for suspecting that a person has with him an article to which section 49 of this Act applies and has committed or is committing an offence under subsection (1) of that section, the constable may search that person without warrant and detain him for such time as is reasonably required to permit the search to be carried out.”
Read it at legislation.gov.ukquote checked 2026-08-30
The power to search you does not exist unless it is either conferred in express terms by an Act of Parliament, or authorised by a warrant expressly conferring a power of search.
This is a direct statutory prohibition, not a guideline — a search without one of those two things is unlawful.
Criminal Justice (Scotland) Act 2016, s.65(2)
“It is unlawful for a constable to search the person otherwise than— in accordance with a power of search conferred in express terms by an enactment”
Read it at legislation.gov.ukquote checked 2026-08-25
The power to search you while being taken to or from a place is limited to checking you are not carrying an item or substance that could cause harm to you or someone else — it does not extend to a general search.
Criminal Justice (Scotland) Act 2016, s.66(2)
“A search under this section is to be carried out for the purpose of ensuring that the person is not in, or does not remain in, possession of any item or substance that could cause harm to the person or someone else.”
Read it at legislation.gov.ukquote checked 2026-08-30
The power to search you for a bladed or pointed article applies only to an article which has a blade or is sharply pointed — not to anything an officer simply considers dangerous.
Criminal Law (Consolidation) (Scotland) Act 1995, s.49(2)
“this section applies to any article which has a blade or is sharply pointed”
Read it at legislation.gov.ukquote checked 2026-08-30
That power does not apply to a small folding pocketknife if the cutting edge of its blade does not exceed three inches.
Criminal Law (Consolidation) (Scotland) Act 1995, s.49(3)
“This section does not apply to a folding pocketknife if the cutting edge of its blade does not exceed three inches (7.62 centimetres).”
Read it at legislation.gov.ukquote checked 2026-08-30

Stop and search in Scotland →Why consensual search was abolished, and the specific statutory powers still in use — drugs, being taken to or from a place, suspected stolen property, and a bladed or pointed article.

In a vehicle you've been asked to stop

Stopped while driving in Scotland

This is the Duty Map from this site’s page on being stopped while driving in Scotland. The Road Traffic Act 1988 extends to Scotland as well as England and Wales, so the duties here largely match England and Wales. The one difference in the duty to stop: in England and Wales it also covers traffic officers.

What you must do and what refusing costs you

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

Stop your vehicle when a constable in uniform requires you to.
Road Traffic Act 1988, s.163(1) (as it applies in Scotland)
“A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform”
Read it at legislation.gov.ukquote checked 2026-10-16
Failing to stop when required is a criminal offence.
Road Traffic Act 1988, s.163(3)
“If a person fails to comply with this section he is guilty of an offence.”
Read it at legislation.gov.ukquote checked 2026-08-25
As the person keeping the vehicle, give the information as to the identity of the driver when a chief officer of police requires it.
Road Traffic Act 1988, s.172(2)(a)
“the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police”
Read it at legislation.gov.ukquote checked 2026-08-25

Refusing costs you

Refusing may carry a penalty, allow an inference to be drawn against you, or be an offence in itself.

Refusing to name the driver carries a fine and an obligatory licence endorsement.
Obligatory rather than discretionary, which is why refusing is routinely the worse outcome.
Road Traffic Offenders Act 1988, Schedule 2, Part I — RTA s.172
“Failure of person keeping vehicle and others to give police information as to identity of driver, etc. , in the case of certain offences. Summarily. Level 3 on the standard scale. Discretionary, if committed otherwise than by virtue of subsection (5) or (11). Obligatory, if committed otherwise than by virtue of subsection”
Read it at legislation.gov.ukquote checked 2026-08-25

What the law says

What the law provides — the power, who can use it and when, and what follows — quoted from its source. The sections above say what you must do and what refusing costs you.

The section 172 duty is limited to identifying the driver — it does not require you to answer questions about your speed or your journey.
Road Traffic Act 1988, s.172(2)(a)
“the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police”
Read it at legislation.gov.ukquote checked 2026-08-25

Stopped while driving in Scotland →The duty to stop, the s.172 duty to name the driver, and what that duty does not extend to.

At a port, airport, or international rail station

What are they doing?

Says I'm being examined under Schedule 7 of the Terrorism Act 2000

Schedule 7, Terrorism Act 2000

The single biggest exception to "you never have to answer police questions" on the whole site.

What you must do

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

Give the examining officer any information in your possession that they request.
Terrorism Act 2000, Schedule 7, paragraph 5
“A person who is questioned under paragraph 2 or 3 must— give the examining officer any information in his possession which the officer requests”
Read it at legislation.gov.ukquote checked 2026-08-25
Wilfully failing to comply is a criminal offence.
Terrorism Act 2000, Schedule 7, paragraph 18(1)
“A person commits an offence if he— wilfully fails to comply with a duty imposed under or by virtue of this Schedule”
Read it at legislation.gov.ukquote checked 2026-08-25
The penalty on summary conviction is up to three months’ imprisonment, a fine not exceeding level 4 on the standard scale, or both.
Terrorism Act 2000, Schedule 7, paragraph 18(2)
“A person guilty of an offence under this paragraph shall be liable on summary conviction to— imprisonment for a term not exceeding three months,— a fine not exceeding level 4 on the standard scale, or— both.”
Read it at legislation.gov.ukquote checked 2026-10-17

What the law says

What the law provides — the power, who can use it and when, and what follows — quoted from its source. The section above says what you must do.

The power is to question you in order to determine whether you appear to be concerned in terrorism, not because you are already suspected.
So "you had no reason to stop me" is not the objection people expect it to be.
Terrorism Act 2000, Schedule 7, paragraph 2(1)
“An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).”
Read it at legislation.gov.ukquote checked 2026-08-25

Schedule 7: stopped at a port or airport →What you must hand over, and what is still true even under this power.

Something else — an ordinary customs or immigration check

Not Schedule 7 — ask which power applies

This tool only covers Schedule 7 examinations at the border in detail.

Schedule 7: stopped at a port or airport →The one border power this site has fully sourced, and how it differs from an ordinary stop.

At home, and someone's at the door

Police at your door in Scotland

This is the Duty Map from this site’s page on police entry in Scotland. Scotland has no PACE — entry to a home rests on common law rather than a section-by-section statute.

What you must do

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

Not resist, obstruct or hinder a constable who is acting in that capacity.
Police and Fire Reform (Scotland) Act 2012, s.90(2) and (3)(a)
“It is an offence for a person to resist, obstruct or hinder— a person ("A") acting in a capacity mentioned in subsection (3)— that of a constable,”
Read it at legislation.gov.ukquote checked 2026-08-31

When police can enter your home in Scotland →Why entry itself is common law rather than statute, how arrest without a warrant works, and how officers actually get search warrants in Scotland.

Already under arrest, at a police station

Under arrest or in custody in Scotland — your rights

This is the Duty Map from this site’s page on your rights in police custody in Scotland: a private solicitor consultation, and having someone told, both usable from the point you are in custody.

What you are entitled to

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You are entitled to

Safeguards the law gives you: what you can ask for, and what is to be done for you. Some apply only if you ask, and some have limits or can be delayed.

You have the right to a private consultation with a solicitor at any time you are in police custody.
Criminal Justice (Scotland) Act 2016, s.44(1)
“A person who is in police custody has the right to have a private consultation with a solicitor at any time.”
Read it at legislation.gov.ukquote checked 2026-08-25
You have the right to have intimation sent to another person, telling them that you are in custody and where.
Criminal Justice (Scotland) Act 2016, s.38(1)
“A person in police custody has the right to have intimation sent to another person of— the fact that the person is in custody— the place where the person is in custody”
Read it at legislation.gov.ukquote checked 2026-08-25
Where a constable believes you are under 16, intimation that you are in custody and where must be sent to a parent whether or not you ask for it.
Criminal Justice (Scotland) Act 2016, s.38(2)-(3)
“Intimation under subsection (1) must be sent— where a constable believes that the person in custody is under 16 years of age, regardless of whether the person requests that it be sent,— in any other case, if the person requests that it be sent.— The person to whom intimation is to be sent under subsection (1) is— where a constable believes that the person in custody is under 16 years of age, a parent of the person,— in any other case, an adult reasonably named by the person in custody.”
Read it at legislation.gov.ukquote checked 2026-09-16

What the law says

What the law provides — the power, who can use it and when, and what follows — quoted from its source. The section above says what you are entitled to.

That right to a private solicitor consultation can be delayed in exceptional circumstances, though only by a sufficiently senior officer for a stated reason.
The decision must be taken by a constable of sergeant rank or above who was not involved in your case.
Criminal Justice (Scotland) Act 2016, s.44(2)
“In exceptional circumstances, the person's exercise of the right under subsection (1) may be delayed so far as that is necessary in the interests of— the investigation or the prevention of crime”
Read it at legislation.gov.ukquote checked 2026-08-25
Telling someone where you are can also be delayed where a senior officer considers it necessary for the investigation.
Criminal Justice (Scotland) Act 2016, s.38(5)
“This subsection applies where an appropriate constable considers some delay to be necessary in the interests of— the investigation or prevention of crime”
Read it at legislation.gov.ukquote checked 2026-08-25

Your rights in police custody in Scotland →The private-consultation and intimation rights in full, and the narrow, senior-officer-only conditions under which either can be delayed.
Arrest and custody in Scotland →The 12-hour custody clock, the 6-hour review, and why Scotland has one power of arrest, not two.

Being questioned about an offence

Being questioned by police in Scotland

This is the Duty Map from this site’s page on police questioning in Scotland. The position on staying silent is genuinely different here, not the English rule in gentler words.

What you must do and what you can refuse

Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.

You must

Refusing is a criminal offence.

Give your name, address, date of birth, place of birth and nationality if a constable asks, even though you do not have to answer other questions.
This is the one exception to the general rule below, and it is a short, fixed list — not an open invitation to ask you anything else.
Criminal Justice (Scotland) Act 2016, s.34(4)
“The person is under no obligation to answer any question, other than to give the following information— the person's name— the person's address— the person's date of birth— the person's place of birth— the person's nationality”
Read it at legislation.gov.ukquote checked 2026-08-25

You can refuse

Saying no is lawful and is not an offence, but it is not always free of consequences: read each item in full.

You do not have to answer any question beyond your name, address, date of birth, place of birth and nationality.
Criminal Justice (Scotland) Act 2016, s.34(4)
“The person is under no obligation to answer any question, other than to give the following information— the person's name— the person's address— the person's date of birth— the person's place of birth— the person's nationality”
Read it at legislation.gov.ukquote checked 2026-08-25

What the law says

What the law provides — the power, who can use it and when, and what follows — quoted from its source. The sections above say what you must do and what you can refuse.

Scotland has no equivalent to the adverse-inference rule in section 34 of the Criminal Justice and Public Order Act 1994 — the Act’s own extent clause makes it England and Wales only apart from a listed set of sections that also extend to Scotland, and section 34 is not on that list.
Do not assume the English caution, or advice built around it, applies here. It is a different statutory position, not the same rule in different words. The extent clause opens with a narrow exception for provisions applied to armed-forces proceedings under section 39, which is not the ordinary criminal position in Scotland.
Criminal Justice and Public Order Act 1994, s.172(7)-(8)
“Except as regards any provisions applied under section 39 and subject to the following provisions, this Act extends to England and Wales only.— Sections 47(3), 49, 60 to 67 , 70, 71, 81, 82, 146(4), 157(1), 163, 169 and 170 also extend to Scotland.”
Read it at legislation.gov.ukquote checked 2026-09-14
Anything you do choose to say in an interview remains subject to the ordinary rules on whether it can be used in evidence against you — this provision does not shield your answers from those rules.
The absence of an adverse-inference rule for silence does not mean answering is risk-free either. This is exactly the kind of judgement call a solicitor can help with before you decide.
Criminal Justice (Scotland) Act 2016, s.34(5)
“Subsection (2) is without prejudice to any rule of law as regards the admissibility in evidence of any answer given.”
Read it at legislation.gov.ukquote checked 2026-08-25

Police questioning in Scotland →Why the English adverse-inference caution does not apply in Scotland, and the one narrow set of personal details you must still give.

Northern Ireland

Northern Ireland is not covered here

This tool only resolves England & Wales and Scotland law. Northern Ireland has its own police-powers framework, and this site does not set it out.

Not fully sourced yet: This site does not cover Northern Ireland law, and the England & Wales and Scotland answers in this tool do not apply there.

Schedule 7: stopped at a port or airport →A UK-wide power under the Terrorism Act 2000 that applies in Northern Ireland on the same terms as in England, Wales and Scotland — no right to silence, and refusing to answer is an offence.
Do you have to give police your phone password? →The formal s.49 RIPA notice power is also UK-wide, and reaches Northern Ireland on the same terms covered on this page.