02.02 / Topic 02 of 11
Crime & Police
What counts as a crime, and what happens if you're arrested.
England & Wales share one criminal justice system. Some crimes come from Acts of Parliament; the most serious one, murder, is still defined by judges' common law.
- 17
- Essential laws
- 04
- Chapters
- 04
- Weird ones
- 00
- Busted myths
AT A GLANCE · 03 KEY NUMBERS
CHAPTER A · 04 LAWS
Police powers & your rights
What the police can and can't do when they stop, question or arrest you.
Stop and search
Police normally need 'reasonable grounds' to suspect you're carrying drugs, weapons or stolen goods before searching you.
What it means for youStay calm, ask the officer's name, station and reason, and ask for a record of the search afterwards.
In practice
- Officers must tell you their name, station, why they're searching you and what they're looking for.
- In a defined area for a limited time, a 'section 60' order lets police search without suspicion.
- You can ask for a record of the search; you can only be asked to remove a coat, jacket and gloves in public.
Giving your name to the police
There's no general duty to tell the police your name, but there are important exceptions.
What it means for youIf you're driving, being given a fine, or the police suspect anti-social behaviour, you must give your name.
In practice
- Drivers must give their name and address when asked.
- Police can require your name if they believe you've behaved anti-socially.
- If you're arrested, refusing to give details can mean you're held longer.
Police and Criminal Evidence Act (PACE)
The rulebook for stop and search, arrest, detention and interviews. It's why you hear 'You do not have to say anything…'.
What it means for youIf arrested: ask for the free solicitor, ask for someone to be told where you are, and don't answer questions until advised.
In practice
- If arrested you have the right to free independent legal advice and to have someone told where you are.
- Usually you can be held for 24 hours before being charged or released (up to 96 hours for serious crimes with court approval).
- Staying silent is allowed, but a court may draw inferences if you later rely on something you didn't mention.
Citizen's arrest
Anyone can arrest a person committing a serious (indictable) offence, but only if it isn't practical for the police to do it.
What it means for youIt's risky. Unless someone is in immediate danger, call 999 and be a good witness instead.
In practice
- It must be needed to stop them injuring someone, causing damage or running off.
- Use only reasonable force, and hand them to the police as soon as possible.
- Getting it wrong can expose you to claims of assault or false imprisonment.
CHAPTER B · 07 LAWS
Everyday offences
The crimes people most often get caught up in.
Theft Act
Theft is dishonestly taking property belonging to someone else, intending to permanently deprive them of it.
What it means for youKeeping something you know isn't yours, like money paid to you by mistake, can also count as theft.
In practice
- Theft: up to 7 years. Robbery (theft using force): up to life.
- Burglary of a home: up to 14 years.
- 'Borrowing' a car without consent is its own offence (taking without consent).
Criminal damage
Destroying or damaging someone else's property without a lawful excuse is a crime, and that includes graffiti.
What it means for youDamage under £5,000 is usually tried by magistrates. Graffiti on someone's wall counts, even if it's 'art'.
In practice
- Damage worth under £5,000 is normally dealt with by magistrates.
- The maximum is 10 years, or life for arson or endangering life.
- Believing the owner would consent can be a defence.
Assault offences
Assault ranges from making someone fear violence (common assault) to causing serious injury with intent.
What it means for youYou don't have to touch someone to commit assault. Making them fear immediate violence is enough.
In practice
- Common assault doesn't need contact: making someone fear immediate violence is enough.
- Assaulting an emergency worker carries up to 2 years.
- Wounding or GBH with intent (section 18) carries up to life.
Fraud Act
Fraud by false representation, failing to disclose information, or abusing a position of trust. Up to 10 years.
What it means for youLying on a CV, an insurance claim or a benefit form can be fraud, not just a white lie.
In practice
- Covers scams, fake invoices and lying on applications.
- The lie doesn't have to succeed: trying to gain dishonestly is enough.
- Phishing kits and scam scripts can be offences too.
Knives & weapons
It's an offence to carry a bladed or pointed article in public without good reason or lawful authority.
What it means for youA folding pocket knife with a blade under 3 inches that doesn't lock is legal to carry. Anything else needs a good reason.
In practice
- Exception: a non-locking folding pocket knife with a blade of 3 inches (7.62cm) or less.
- Zombie-style knives, machetes and many other weapons are banned outright.
- Maximum sentence: 4 years in prison.
Misuse of Drugs Act
Controlled drugs are split into classes A, B and C. Possession and supply carry different maximum sentences.
What it means for youHolding drugs 'for a friend' or sharing them for free can count as supplying, which is far more serious than possession.
In practice
- Class A includes cocaine, heroin and ecstasy; cannabis is Class B; nitrous oxide ('laughing gas') became Class C in 2023.
- Supplying includes sharing with friends, not just selling.
- Maximum for supplying Class A is life imprisonment.
Anti-social behaviour
Councils and police have a toolkit of orders to stop behaviour that causes harassment, alarm or distress.
What it means for youReport noise, harassment or intimidation to the council or police. If nothing happens, ask for an 'ASB Case Review'.
In practice
- Dispersal orders can make people leave an area for up to 48 hours.
- Community Protection Notices tackle ongoing problems like noise, rubbish or dogs.
- Victims can use the 'ASB case review' if repeated complaints get no action.
CHAPTER C · 03 LAWS
Serious crimes & defences
The gravest offences, and when force is lawful.
Murder & manslaughter
Murder is unlawful killing with intent to kill or cause really serious harm. It carries a mandatory life sentence.
What it means for youA single punch that kills can be manslaughter, with a long prison sentence, even without intent to kill.
In practice
- Manslaughter covers killings without that intent, or with a partial defence.
- Partial defences: loss of control and diminished responsibility (Coroners and Justice Act 2009).
- The death penalty for murder was abolished in 1965 and entirely in 1998.
Consent & the Sexual Offences Act
Consent means agreeing by choice, with the freedom and capacity to make that choice. The age of consent is 16.
What it means for youSomeone who is very drunk, asleep or pressured can't give consent. If in doubt, stop.
In practice
- Someone who is very drunk, asleep or unconscious cannot consent.
- Consent can be withdrawn at any point.
- Children under 13 can never legally consent to sexual activity.
Self-defence
You can use reasonable force to protect yourself, others or property, judged on the circumstances as you believed them to be.
What it means for youYou can act on an honest belief you're under attack. Keep force proportionate, and stop once the threat ends.
In practice
- Set out in s.76 Criminal Justice and Immigration Act 2008.
- Householders facing an intruder get extra leeway: force is only unlawful if 'grossly disproportionate'.
- You don't have to wait to be hit first.
CHAPTER D · 03 LAWS
Courts, victims & records
How cases are tried, what victims are owed, and what stays on your record.
Types of offence & jury trials
Crimes are summary (magistrates only), either-way, or indictable-only (Crown Court with a jury of 12).
What it means for youIf charged with an either-way offence, you may be able to choose a jury trial in the Crown Court.
In practice
- Summary offences include most driving offences and minor assaults.
- Either-way offences, like theft, can be tried in either court.
- The most serious crimes, like murder and robbery, always go to the Crown Court.
Victims' Code
Victims of crime have 12 rights, including to be kept informed and to be referred to support services.
What it means for youAsk the police for your crime reference number and a named contact, and you can make a Victim Personal Statement.
In practice
- You have the right to make a Victim Personal Statement about how the crime affected you.
- You must be told when a suspect is arrested, charged or released.
- Complain to the organisation first, then the Parliamentary Ombudsman via your MP.
Spent convictions
Most convictions become 'spent' after a set time, after which you usually don't have to declare them.
What it means for youCheck online when a caution or conviction becomes spent. After that, most employers can't ask about it.
In practice
- Cautions are spent straight away (conditional cautions after 3 months).
- Adult fines are spent after 1 year; prison terms of up to 1 year, 1 year after the sentence ends.
- Some jobs (teaching, healthcare) still see spent convictions through enhanced DBS checks.
NOTES
Did you know?
NOTE 01The age of criminal responsibility in England & Wales is 10, one of the lowest in Europe. Scotland raised its age to 12 in 2021.
NOTE 02Most cases (over 90%) are dealt with in magistrates' courts, mostly by volunteer magistrates who aren't lawyers.
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