Your Rights with Police & in the Criminal Justice System in 2026

Looking for jury service, spent convictions or criminal record checks? Read the guide for where you live. Jury service and your employer: England and Wales, Scotland or Northern Ireland. Spent convictions: England and Wales, Scotland or Northern Ireland. Criminal record checks: England and Wales, Scotland or Northern Ireland.

Your rights at a police station

If you are arrested and taken to a police station, you have the following rights under PACE (Police and Criminal Evidence Act 1984):

• The right to be told why you've been arrested
• The right to free and independent legal advice — a duty solicitor is always available, 24/7
• The right to have someone told you've been arrested
• The right to consult the PACE codes of practice
• The right to remain silent during interview (though inferences may be drawn in some cases)

Never waive your right to legal advice at a police station — it is free, independent and confidential. Request it before answering any questions. You should only speak to police with a solicitor present.

Stop and search

Police can stop and search you if they have reasonable grounds to suspect you're carrying stolen items, weapons or items for use in certain crimes. Under some legislation, searches can take place without reasonable grounds in designated areas (e.g. Section 60 searches).

Before you are searched, the officer must tell you (GOV.UK):

• Their name and police station
• What they expect to find
• The reason they want to search you
• Why they are legally allowed to search you
• If they are recording you on a body-worn camera
• That you can have a record of the search, and if that is not possible at the time, how you can get a copy

You cannot physically resist a lawful stop and search, but you can ask for a written record and challenge the legality later.

Victim rights under the Victims' Code

If you are a victim of crime, you have rights under the Victims' Code (the Code of Practice for Victims of Crime in England and Wales) including:

• The right to be referred to support services
• The right to be kept informed about your case
• The right to make a Victim Personal Statement for the court
• The right to be told about any bail conditions placed on the suspect
• The right to ask for a review of a charging decision you disagree with

Victim Support (0808 168 9111) provides free, confidential support to victims of any crime regardless of whether it was reported to police.

Criminal records and rehabilitation

Many criminal convictions become "spent" after a rehabilitation period under the Rehabilitation of Offenders Act 1974. Once spent, you generally don't have to disclose them when applying for jobs (unless the role is exempt — such as working with children or in certain regulated sectors).

Rehabilitation periods depend on the sentence received, not the offence. For example:

• Absolute discharge: Spent immediately
• Fine: Spent after 12 months
• Community order: Spent on the last day the order has effect
• Prison of 1 year or less: Spent 12 months after the sentence ends, including any licence period
• Prison of more than 1 year up to 4 years: Spent 4 years after the sentence ends, including any licence period
• Prison of more than 4 years: Spent 7 years after the sentence ends, including any licence period, unless it is for a serious violent, sexual or terrorist offence (then never spent)
• These are the periods for adults from 28 October 2023. They are shorter if you were under 18: see the spent convictions guide.

Frequently asked questions