What are your rights when stopped by police in England and Wales?

When stopped by police you have the right to know the officer's name and station, the legal basis for the stop, and what is being searched for. You are not generally required to answer questions (other than giving your name and address in specific circumstances). You have the right to a written record of any search conducted.

The law

Police and Criminal Evidence Act 1984, Section 1 and Code A. Stop and search powers and the GOWISELY requirements. Officers must inform you of grounds, their identity, the power used, and your entitlement to a record.
Police Act 1996, Section 89. Offence of wilfully obstructing a constable in the execution of their duty. Refusing to stop or resist a lawful search may constitute obstruction.
Criminal Justice and Public Order Act 1994, Sections 34 to 37. Adverse inferences from silence: a court may draw adverse inferences if you fail at interview to mention facts you later rely on in your defence.
Police and Criminal Evidence Act 1984, Section 58. Right to consult a solicitor at a police station: a fundamental right that can only be delayed in limited circumstances involving serious offences.

What to do

Stay calm. Ask the officer their name, badge number, and which police station they are attached to.
Ask which legal power they are using and what they are looking for.
You are not required to answer general questions, but do not physically resist a lawful search.
Request the written record or reference number for the search at the end of the interaction.
If you are arrested, ask for a solicitor at the station before any interview.
If you believe the stop was unlawful or the officer acted improperly, you can report it to the IOPC.

In detail

Being stopped by police can be an unsettling experience. Understanding what rights you have and what obligations fall on the officer helps you interact calmly and protect your legal position.

The GOWISELY obligation

Code A of PACE 1984 requires officers conducting a stop and search to comply with GOWISELY: they must inform you of the following before starting a search:

G: Grounds for the search (what they are looking for and why they suspect you) O: Object of the search W: Warrant card (if not in uniform) I: Identity of the officer (name and badge number) S: Station to which the officer is attached E: Entitlement to a copy of the search record L: Legal power being used Y: You are detained for the search

An officer who fails to provide this information before searching is acting in breach of Code A. Any evidence obtained may potentially be challenged in court under s.78 PACE 1984.

Do you have to stop? If a police officer signals you to stop, you must comply. Under s.1 PACE 1984, an officer with reasonable grounds for suspicion can detain you for the purpose of a search. Under s.60 CJPOA 1994 (where an authorisation is in place) you can be stopped without any individual suspicion. Refusing to stop when lawfully required to do so can amount to obstruction of a constable under s.89 Police Act 1996.

Do you have to answer questions? You are not generally required to answer police questions when stopped on the street. There is no general duty to answer questions in England and Wales (unlike in Scotland, where different rules apply). However, you may be required to give your name and address in certain contexts: for example, if you are alleged to have committed a road traffic offence, under s.172 of the Road Traffic Act 1988.

You also have a right to silence under common law and under the Code C caution, though a court may draw adverse inferences from silence in certain circumstances under ss.34-37 of the Criminal Justice and Public Order Act 1994 if you are arrested and later interviewed under caution.

The right to a record

You are entitled to a copy of the record of any stop and search carried out. If the officer cannot provide it immediately, they must give you a reference number so you can obtain the record within 12 months.

Use of force

An officer conducting a lawful search may use reasonable force to conduct it under s.117 PACE 1984 if necessary. You do not have a right to physically resist a lawful search, but excessive or unnecessary force may be challenged through a complaint to the IOPC.

If you are arrested

Once arrested, the caution applies: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." At the police station you have the right to free legal advice from a solicitor (s.58 PACE 1984).