Do I have to answer police questions?
Can I walk away from a police officer asking me questions in the street? What are “Section 50” powers? What if I’m interviewed “under caution”?
Disclaimer: this article is for general information. It’s not intended to be used as legal advice. For information on how to get legal advice, please see our ‘I need a lawyer’ page.
In most cases you do not have to answer police questions.
If you’re asked a question that you don’t want or don’t have to answer, you could:
- ask if you are being detained, and leave if the answer is “no”
- say “no comment”
- simply stay quiet
However, avoid lying or giving deliberately difficult answers to the police.
It’s not always a crime to lie to a police officer – but lying could be considered to be obstruction of an officer or wasting police time. This is particularly so if the police are asking you about an investigation or a case.
Chatting with the police
Avoid chatting with the police.
Police officers are allowed to use and record information you give in casual conversation.
Police liaison officers
Police officers gather information about people at protests, and so they might try to start a conversation with you.
Often these are “police liaison officers” wearing blue bibs.
You don’t have to talk to police liaison officers, or any police officer. You are free to stay silent or leave if you don’t want to chat with the police.
Stop and account
A ‘stop and account‘ is when a police officer or police community support officer (PCSO) stops you to ask you what you’re doing. They might also ask for your name and address.
This can seem more official or formal than a casual chat – but you can refuse to talk to them or leave.
If you’re not sure if it’s a ‘stop and account’, you can ask an officer “am I being detained, or am I free to go?”
Police officers can only detain you:
- if they are doing a stop and search, or
- if they are arresting you
Otherwise, you don’t have to talk to the police and you can leave.
Talking to the police during a stop and search
Stop and search powers allow the police to search you if they think you’re carrying something illegal.
If the police stop you to search you, you still don’t have to talk to the police. This is because:
- If the police have the legal power to search you, they do not need your permission. You don’t have to say yes, but if you say no, they can still search you anyway.
- If the police don’t have the legal power to search you then saying yes does not make the search legal.
The police can’t stop and search you just because you didn’t talk to them. If they do, you may be able to bring a legal challenge against them.
Don’t feel pressured to answer the police’s questions. You don’t have to give them your name and address, even if they ask.
If they find something during the search, or otherwise are treating you as a suspect, see the section below.
Section 50 powers
Section 50 of the Police Reform Act allows the police to ask for your name and address if they believe you are, or have been, engaging in anti-social behaviour. Anti-social behaviour is behaviour that causes, or is likely to cause, “harassment, alarm or distress”.
It’s a criminal offence if you don’t give your name and address, or if you give false or inaccurate information.
However, the police cannot use Section 50 as a “blanket power”. The police officer must have a reasonable suspicion that you, specifically, are behaving anti-socially.
The police can’t question everyone in a crowd just because they suspect that someone in that crowd was involved in anti-social behaviour. This is important to remember during protests.
Being questioned as a suspect
Being a suspect is when the police have reason to believe that you might have committed a crime.
You don’t answer police questions as a suspect. However, if you refuse to give your name and address when the police ask, you could be arrested.
This is because the police can arrest suspects if they believe it is “necessary” for the investigation. The police might say it’s necessary to arrest you to get your name and address, or else risk not being able to find you later.
What happens if I’m arrested?
You don’t have to answer police questions if you’re arrested.
You don’t have to speak to the police in the van on the way to the station.
Being charged with a crime
Being arrested doesn’t mean you are being charged with a crime. The police need sufficient evidence to charge you.
You not answering questions isn’t evidence. It can’t be used as a reason to hold you for any longer without charge.
The police can only hold you for 24 hours without charge, unless you’re suspected of a serious crime such as murder or terrorism.
Being interviewed as a suspect
An interview is formal questioning by the police, and it is recorded. The police must read out a caution before hand which is:
“You do not have to say anything but it may harm your defence if you do not mention something when questioned that you later rely on in court. Anything you do say may be given in evidence.”
This is why it’s called an interview under caution. You can have an interview under caution as a suspect even if you’re not arrested. We advise you to get legal advice before.
Being arrested and interviewed under caution
If you are arrested, will also have the right to legal advice from a criminal defence lawyer. We strongly advise you use this right – especially with a lawyer who specialises in the offence you were charged with.
You don’t have to answer questions in this interview.
You can say nothing, or reply “no comment”. Your solicitor will be able to advise you whether you should prepare a written statement, or only answer certain questions.
If the police can’t show the arrest was necessary, you may be able to bring a legal claim against them.
For more information, see our advice pages on arrest.
Being interviewed as a witness
You don’t have to give police information as a witness. You don’t have to casually chat to the police about an event either.
You should not lie to the police, but you do not have to answer their questions. You can simply say “no comment” or walk away.
If the police ask to interview you as a witness for a legal case, you don’t have to say yes.
If you do agree, you’re allowed to talk to a solicitor before the interview.
You’ve given a witness statement to the police
This advice applies to England. See advice for See advice forNorthern Ireland, See advice forScotland, See advice forWales
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The police will ask you to explain what you saw, either in writing or on video – this is your witness statement. They’ll ask you to sign it to say it’s true.
People involved with the case – for example lawyers or the judge, will read or watch your witness statement. They might also use it as evidence in court.
The police officer who takes your statement will give you the name and contact details of the officer in charge of the case – you can contact them at any time if you have any questions.
Make sure you tell the police officer who takes your statement if there are any dates you won’t be to able go to court to give evidence – for example if you’re going on holiday.
The police will contact you if they need your help again – for example if they want you to identify a suspect.
What happens next
The police will contact you if you have to go to court to give evidence – this can take some time. This is because court cases can take a long time to prepare.
If you’re the victim of the crime
Someone will contact you if:
- the police charge a suspect
- the case doesn’t progress – for example because there’s not enough evidence
- a suspect is given bail – this means they won’t be held by the police before the trial
Find help and support if you’re a victim of crime on GOV.UK.
How to change or withdraw your statement
Tell the police officer in charge of the case as soon as possible.
The police will probably want you to give evidence in court to help settle the case. Don’t feel pressured to do anything you don’t want to – you should do what feels right.
If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect.
If you want to withdraw your statement because you’re worried about giving evidence, you should tell the police how you feel. You might be able to get extra help in court – check if you can get extra help.
If you’re worried about going to court as a witness
You can get free and confidential help from the Witness Service. They can give you emotional support and help you understand the court process.
You can find out more about the Witness Service and how to get help.
If you don’t want to go to court
You should talk to the person who asked you to go to court and tell them how you feel. There might be things they can do to help make going to court easier.
You might still have to go to court, even if you don’t want to – it will depend on how important your evidence is to the trial.
If you have to go to court, the court might send you a witness summons. If you get a witness summons, you have to go to court when the summons tells you to. You can find out what happens if you get a witness summons.
If you don’t want to go to court because someone is intimidating you, you should get help. You can find out what to do if you’re being intimidated.
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Police and my rights
Information about police powers and your rights when dealing with the police.
On this page
Proving your identity to the police
Police can require that you give your name and address in some situations, including if:
- you are driving a car or supervising a learner driver
- you’re suspected of committing an offence on a train or railway property
- police think you are under 18 and carrying or consuming alcohol
- police think you were near the scene of a serious offence
- police are trying to serve a fine default warrant
- police have emergency public disorder powers, you are in a target area and the police suspect that you have been or may be involved in a large-scale public disorder
- police suspect an Apprehended Violence Order has been made against you
- when the police give you a ‘move-on direction’ and they don’t know your identity.
If you are required to provide your details to police and you don’t, you may be committing a criminal offence.
If police suspect you are committing an offence, and you don’t tell them your identity, police can arrest you so that they can make enquiries to find out who you are.
Talking to police
In most cases, you have the right to silence if police are investigating you. This means you don’t have to do an interview, provide a statement or talk to the police about allegations, and you can’t get into trouble if you don’t. Police can’t refuse to give you bail just because you don’t do an interview or talk to the police about the allegations.
There are some exceptions to your right to silence including:
- if police think the car you are travelling in was used to commit certain types of offences, police might require you to tell them your name, or the names of other people in the car
- if police think your car was involved in an offence, they might ask you to tell them who the driver is, even if you weren’t in the car at the time. This is sometimes called a form of demand
- if you were involved in a car crash, police can require you to provide an explanation of the crash
- if you are suspected of terrorism offences.
If police want to speak to you, you should get urgent legal advice.
Special cautions
A special caution is a caution given by the police that states:
- you don’t have to say or do anything, but it may harm your defence if you don’t mention something during questioning that you later bring up in court, and
- anything you say or do may be used in evidence.
This is different to the caution you receive from a custody manager if you are detained by the police, and the caution given by the police before every interview. It is only given where police are investigating a serious indictable offence.
A serious indictable offence is an offence with a maximum penalty of life imprisonment or a term of imprisonment of five years or more.
You can only be given a special caution if:
- you are aged 18 years or older
- police have reasonable cause to suspect you have committed a serious indictable offence
- you are being questioned by the police about that offence
- you have a lawyer physically present with you in the police station.
Police can’t give a special caution to a person who is incapable of understanding what a special caution is.
There are no specific words that the police must use when giving a special caution.
After you have received a special caution, you must be given a reasonable opportunity to speak to your lawyer in private about the effect of the caution.
If you are given a special caution and you fail or refuse to tell a particular fact to police after you have been cautioned, during questioning, that you later bring up this fact in court, police can ask the court to come to a negative conclusion about why you didn’t tell them, for example, that you recently made up that fact.
They can only do this where the fact is something that you could reasonably have been expected to mention during questioning.
The court can’t come to a negative conclusion if:
- the fact is undisputably true
- you were given the special caution after you failed or refused to tell the police the fact
- you weren’t given an opportunity to speak to your lawyer in private after you were given a special caution and before you failed or refused to tell the police the fact.
Although not saying something after police have given you a special caution could harm your defence in court, you are not committing an offence by staying silent.
It is important to remember that police can only give you a special caution if you have a lawyer physically present with you in the police station. If you get legal advice over the telephone, police can’t give you a special caution. For this reason, a lawyer might advise you that it is best for them not to attend the police station with you.
Legal Aid lawyers do not attend stations to advise people under arrest.
Police searches
Police can search you if:
- you are under arrest
- police have a warrant to search you
- police have a reasonable suspicion that you are carrying:
- stolen or unlawfully obtained property
- illegal drugs
- something that has been or may be used in a serious crime
- knives, weapons or other dangerous items, or
- a laser pointer.
- you consent (agree) to the search.
Sometimes police have other powers that will allow them to search you.
If police want to search you, you should tell police that you do not consent (agree) to the search. If police still want to search you, you should comply with the search (don’t stop or hinder police). If police do have the power to search and you hinder them, you may be committing an offence. If police don’t have the power to search you and you did not consent, you may be able to get any incriminating evidence kept out of court.
Seizure (taking your property)
Police have powers that sometimes lets them take your property, including if:
- police have a warrant
- you are in a public place, police can take:
- any property that they believe is stolen or unlawfully obtained
- knives, firearms and anything else that can be used as a weapon
- illegal drugs
- anything that police reasonably suspect may provide evidence of serious offences.
If police need your property as evidence in a court case, the item should be returned to you when:
- police no longer need it, or
- the court case is over.
There are different rules that apply for getting back a knife, animal or dangerous implement. Some items, including illegal items or items you didn’t get legally will not be returned.
Knife scanning
From Monday 9 December 2024, NSW Police have new powers which allow them to stop you and use a hand-held scanner to detect knives and other weapons in specially designated areas. When exercising this power, police do not need a warrant, your permission or to have a reasonable suspicion.
Police have to publish details of designated knife scanning areas on the NSW Police website. Designated areas can last for up to 12 hours. The following places may be declared as designated areas:
- public transport stations like train stations, bus stops and interchanges
- public transport vehicles including trains, buses, light rail and ferries
- shopping centres and shopping strips
- sporting venues and special events.
If you are in a designated knife scanning area and are stopped by a police officer, they can require you to let them use a hand-held metal detector on you. They do this by waving it close to your body and belongings. If the scanner detects metal, you will be required to show the officer what it is then they will scan you again to ensure there are no other knives or weapons on you. If the item you produced is a knife or weapon, it can be seized and you may be fined or issued with a Court Attendance Notice (CAN). If police issue a CAN, you could be arrested.
Refusing to comply with a scan is an offence unless you have a reasonable excuse.
For more information about these powers, see Fact Sheet: NSW Scanning Laws – Knifes and Weapons on the Redfern Legal Centre website.
Entry
Police can come into your house if:
- they have a search warrant
- there is an emergency, for example someone is injured
- police want to arrest or detain someone and they have reasonable grounds to believe that person is on the property
- you give them permission to come in.
Police directions
Police can give you a ‘move along’ direction, which means you have to leave if you are in a public place, and police believe on reasonable grounds that you are:
- obstructing traffic or another person
- harassing or intimidating another person
- causing or likely to cause fear to another person
- attempting to get illegal drugs
- drunk and:
- disorderly
- likely to cause injury to any other person or damage property, or
- be a risk to public safety.
If police give you a move on direction and you don’t follow it, you could get a fine or be charged with an offence.
I think police acted outside their powers, what can I do?
Depending on your circumstances you might be able to:
- complain to police, the Ombudsman or to the Law Enforcement Conduct Commission (LECC)
- get any evidence against you that police didn’t obtain legally to be excluded from court
- take legal action against police.
If you think police acted outside their powers, you should get legal advice.
