Stop and search, arrest and your rights

If the police stop you on the street in the UK, it can feel intimidating—especially if you're unfamiliar with the law. The good news is that you have clear legal rights, and understanding them will help you stay calm and protect yourself. This guide explains what you must and must not do during a stop and search, what happens if you are arrested, and why you should never skip the free legal advice you are entitled to receive.

Stop and question: What police can and cannot do

Police can stop you and ask questions, but they cannot stop you without a lawful reason. Under UK law, police officers must have reasonable grounds for suspicion to stop you for a general street encounter. This means they need to believe, based on specific facts or intelligence, that you may be involved in a crime or are carrying prohibited items such as drugs, weapons, or stolen goods.

The key rule is that police cannot stop you based solely on your age, race, accent, language, appearance, or clothing. If an officer tries to do so, the stop may be unlawful. You are also protected under the Equality Act 2010, which means officers must respect your rights regardless of your background or immigration status.

You do not have to answer questions

If you are stopped for a casual chat on the street, you do not have to answer questions about what you are doing, where you are going, or where you came from. You have the right to remain silent. Simply say politely, "I do not wish to answer questions."

There is no general legal obligation to give your name or address to police unless you are arrested or the officer is exercising a specific power, such as issuing a fixed penalty notice. Refusing to answer general questions alone cannot be used as a reason to search or arrest you. However, if you are driving a vehicle, the rules are different: you must provide your name, address, date of birth, and driving licence when asked.

Stop and search: What officers must tell you

A stop and search is different from a casual stop. It is a more formal police action where an officer believes they have reasonable grounds to suspect you are carrying a prohibited item. Before searching you, the officer must tell you specific information. There is a helpful acronym to remember: GOWISELY.

• G: Grounds for suspicion—the officer must explain what specific fact or behaviour made them suspect you
• O: Object of the search—what they are looking for, such as drugs or weapons
• W: Warrant card—the officer must show this if they are not in uniform or if you ask
• I: Identity—the officer must give you their name and shoulder number
• S: Station—the officer must tell you which police station they work at
• E: Entitlement to a search record—you have the right to a copy of the search record

If the officer does not provide you with all of this information, the search may be unlawful. During a stop and search, you do not have to provide your name or address unless the officer is using a specific power that requires it.

What counts as reasonable grounds?

Reasonable grounds means the officer must have a genuine, specific reason based on facts or behaviour they have observed—not just suspicion based on your appearance or background. For example, an officer might have reasonable grounds to search you if you are acting nervously near a shop that was recently burgled, or if you are in an area where drugs are known to be sold and you are behaving suspiciously. But they cannot search you simply because of your race, accent, or the way you look.

ID requirements: You do not have to carry ID

The UK does not have a mandatory national ID card. You are not legally required to carry identification with you at any time. This is an important right that many people are unaware of.

If police stop you on the street and ask for your ID, you do not have to produce any document. You do not have to carry a passport, driving licence, visa, or other identification card. If you choose not to identify yourself, the police cannot arrest you purely for that refusal—they must have another lawful reason.

However, if you are driving a vehicle, you must provide your driving licence when asked. If you do not have it with you, you can be issued with a producer notice, which gives you seven days to present your licence at a police station. If you are arrested, you must provide your name and address to the custody officer at the police station.

Immigration status is not a street police matter

If you are a foreign national, you may be worried that police will check your immigration status during a stop. The law is clear: police cannot stop or search you simply to check whether you are in the country legally. They cannot use your accent, language, appearance, or the fact that you speak English with an accent as a reason to stop and search you.

In normal street stops and searches, immigration status is not a police matter. Police do not routinely check immigration status. However, if you are arrested for another crime, the police may do basic immigration checks once you are in custody. If you have no legal right to remain in the UK, the police may notify Immigration Officers who may visit the police station. If this happens, you still have the right to free legal advice, and your solicitor can advise you on immigration issues as well.

Arrest: Your right to free legal advice

If you are arrested, you will be taken to a police station and held in custody. This is where your most important legal right comes into play: you are entitled to free legal advice from a solicitor. This is a fundamental right that you should always exercise.

The duty solicitor scheme

All UK police stations have duty solicitors available 24 hours a day, 7 days a week. A duty solicitor is a qualified criminal defence lawyer assigned to your case free of charge, regardless of your financial situation or immigration status. You can also request a solicitor of your choice instead of the duty solicitor, if you know one.

When you are arrested and taken to the police station, the custody officer will inform you of your right to free legal advice. You should request a solicitor immediately. The police cannot interview you until you have had the chance to speak to a solicitor, except in pressing circumstances (such as to prevent someone from being hurt). You have the right to speak to your solicitor in private before any interview.

What a solicitor will do for you

Your solicitor will advise you on whether to answer questions, help you understand the charges being investigated, and ensure the police follow proper procedures. They will be present during your interview and will stop the interview if the police act unlawfully or unfairly. Your solicitor is independent of the police and is there to protect your interests.

You have the right to remain silent during questioning, but your solicitor will explain the consequences of staying silent and advise you on the best strategy for your case. In some cases, remaining silent is the right choice. In others, answering certain questions may help your defence. Your solicitor will guide you.

You are entitled to this advice even if you are invited for a voluntary interview

If the police invite you to attend a police station for a voluntary interview (under caution), you are still entitled to free legal advice. You should request a solicitor to attend with you. Do not agree to a voluntary interview without first speaking to a solicitor, even if the police say it is just a quick chat. Having legal representation at a voluntary interview is just as important as having it at a formal arrest interview.

Practical steps during a police stop or arrest

1. Stay calm and polite. Do not resist, argue, or run. This can make your situation worse.
2. Ask the officer to explain why they are stopping you and what they are looking for.
3. Remember GOWISELY during a search: ask for the grounds, object, warrant card, name, station, and entitlement to a record.
4. You do not have to answer questions unless you are arrested or the officer is exercising a specific power.
5. If arrested, request a solicitor immediately and do not answer interview questions until your solicitor arrives.
6. Ask for a written record of any search or stop.
7. Note the officer's details and any witnesses who saw what happened.
8. If you believe the stop or search was unlawful, do not argue on the street. Instead, document everything and seek legal advice afterwards.

What to do if you think your rights were violated

If you believe the police acted unlawfully—for example, they could not explain the grounds for a search or they searched you without reasonable grounds—you can make a complaint. This can be done through the police station or the Independent Office for Police Conduct (IOPC). You can also seek legal advice from a solicitor who specialises in actions against police.

Keep any evidence of the stop or search, such as the written record, witness details, or notes you made at the time. These will be important if you need to challenge the police's actions later.