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1. This is guidance — and only ever guidance
Everything produced by ukworkrights.co.uk is general guidance. It is not legal advice. It is not a substitute for advice from a qualified solicitor. Never treat it as the final word — use it as a starting point, then check and take responsibility for any action you take.
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⚖ Crime & Justice Guide
Your Rights with Police & in the Criminal Justice System in 2026
Been stopped by police, arrested, or involved in a criminal matter? This guide explains your rights when dealing with police, the court process, victim rights, and what happens if you're charged with an offence.
✅ Last verified: July 2026📚 Sources: GOV.UK, Citizens Advice🏴 England & Wales
Right to silence: You have the right to remain silent when questioned by police — but courts can draw adverse inferences in some circumstances. Always get legal advice first.
Right to free legal advice: You are entitled to free, independent legal advice at a police station — always request it, no matter what police say.
Stop and search: Police usually need reasonable grounds to stop and search you. Before the search they must tell you their name and police station, what they expect to find and why, and that you can have a record of the search.
Arrest: Police can arrest you if they have reasonable grounds to believe you've committed an offence. They must tell you why you're being arrested.
Victim rights: Under the Victims' Code, victims of crime have rights to information, support and participation in the justice process.
Criminal records: Most convictions become spent after a rehabilitation period — meaning you don't have to disclose them in most situations.
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.
1
Always request a solicitor if arrested
It's free, it's confidential, and it can make a significant difference. Don't answer questions until your solicitor arrives.
2
Note the details of any stop and search
Ask for a receipt. Note the officer's name, number, station and reason given. This helps if you want to make a complaint later.
3
Contact Victim Support if you're a victim of crime
You don't have to report to police to access victim support. Call 0808 168 9111 or visit victimsupport.org.uk.
4
Check your criminal record if you need to
You can get a Basic DBS check (showing unspent convictions) via gov.uk. This is what most employers can legitimately ask for in most roles.
5
Make a complaint if police acted improperly
Complaints about police conduct can be made to the relevant police force's Professional Standards Department or to the Independent Office for Police Conduct (IOPC).
6
Get legal advice if charged with an offence
Legal aid is available for criminal cases. The duty solicitor scheme provides free representation at police stations and magistrates courts.
⚖ Check Your Rights in the Justice System
Describe your situation and get guidance on your rights with police, courts or as a victim of crime.
You have the right to remain silent. In most cases, it is advisable to exercise this right at the police station until you have spoken to a solicitor. The solicitor will advise you whether to answer questions, make a prepared statement, or remain silent.
Can police arrest me without a warrant?
Yes. Police can arrest you without a warrant if they have reasonable grounds to believe you've committed or are about to commit an offence, and that arrest is necessary (e.g. to prevent you absconding, protect others, or allow prompt investigation).
What is a caution?
A caution is a formal warning given by police for minor offences where you admit the offence. It is not a conviction, but it can show on standard and enhanced DBS checks. You have to admit the offence and agree to be cautioned; if you do not agree, you can be arrested and charged (GOV.UK). Get free legal advice before you decide. The rules are different in Scotland.
I was a victim of crime but I don't want to report to police — what support can I get?
Victim Support (0808 168 9111) provides confidential support regardless of whether you've reported to police. You have rights under the Victims' Code whether or not a report is made.
How long is a criminal record kept?
This depends on the conviction. Spent convictions remain on the Police National Computer for life but don't appear on basic DBS checks. They appear on standard and enhanced DBS checks for certain roles. The Rehabilitation of Offenders Act sets out the rehabilitation periods.
What is the difference between a caution and a charge?
A caution is given where you admit the offence and police decide not to charge you. A charge leads to a criminal court process (magistrates court or Crown Court). A caution can still appear on DBS checks and may affect future sentencing if you offend again.
What is a Victim Personal Statement?
A Victim Personal Statement (VPS) allows you to tell the court about the impact the crime has had on you — physically, emotionally, financially or otherwise. It is read by the judge when sentencing and can influence the outcome. You have the right to make one.
📞 Free help and support
Victim Support: 0808 168 9111 — free, confidential support
Citizens Advice: 0800 144 8848
IOPC (police complaints): policeconduct.gov.uk
National Appropriate Adult Network: 0800 027 0450 (for vulnerable adults and children at police stations)
⚠ Important disclaimer: This guide covers criminal law and police rights in England and Wales as at July 2026. Scotland has a separate criminal justice system. General legal information only — not legal advice. Verify with ACAS, GOV.UK or Citizens Advice before acting. ukworkrights.co.uk — Not a law firm.
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