The Citizen’s Rights When Confronted by Police at the Door
The foundation of English law, secured over a thousand years of constitutional struggle, grants every citizen certain rights and protections, particularly within their residence, based on the principle that an Englishman's home is his castle.
In modern times, the unexpected arrival of police officers at one's home, often over matters such as social media posts or videos, has become a growing concern. It is paramount for all citizens of the United Kingdom to understand how to remain safe and uphold their legal entitlements in such a scenario.
Initial Response and Essential Conduct
The initial and most crucial instruction when confronted by police at one's door is to always stay calm and do not panic. This is a natural reaction if one is a decent, law-abiding person unaccustomed to police visits. A knock at the door does not automatically signify any adverse outcome.
Documentation and Recording
Citizens should record everything. This recording should be executed using a mobile telephone or, if available, a doorbell camera. Recording is advised because there is a risk that bad officers can lie and bad officers can be believed.
Information Gathering and Silence
Upon engagement, the citizen should adhere to strict protocols regarding information exchange:
- Request Identification: Ask the police officer for their badge number and their identification.
- Demand Explanation: Ask the police officer to explain why they are there in detail.
- Refusal to Engage Without Explanation: If the officer refuses to explain, the citizen should state: Officer I cannot respond to something if you will not explain.
- Silence: The citizen must never overshare and should use silence as a powerful control mechanism. Silence is quite an important powerful control mechanism.
The Right to Refuse Entry
The citizen’s home is their safe space. Police officers cannot automatically gain entry merely by asking.
Conditions for Entry
Police officers can only come in if they have a warrant or if they want to arrest you for an indictable offense. If the officers claim to possess a warrant, the citizen must ask to see it and get that on camera.
If officers state that they are not arresting you, then the citizen do not have to let them in. The citizen has the right to refuse, and should politely but firmly do so. Historically, citizens may have invited officers inside for tea and biscuits, but this is no longer advisable.
If the officers lack a warrant or grounds for an indictable arrest, the citizen should state: Thank you very much for coming officer, I'm going to get back to my evening's activities or day activities, and then close the door on them.
Use of Reasonable Force
If officers attempt to force their way into the property wrongfully, the citizen can use reasonable force to stop them. This action is perfectly lawful. However, this use of force should only be employed if the action is on camera and the citizen has the confidence that it is entirely recorded.
Responding to Threats and Demands
Police officers do not possess the authority to bully citizens of this United Kingdom into making statements under the threat of potential arrest.
Bullying and Threat of Arrest
If an officer employs bully boy tactics, stating, Well if you don't talk to me I'm going to arrest you, the citizen should respond with the following words: Officer that is a deeply inappropriate thing for you to have said, I am very sorry for you that you have said it, I will be reporting you for those comments, they are on video.
A police officer’s duty requires them to arrest if they genuinely think a crime has been committed. If they do not think a crime is being committed, they should not be bullying and threatening the citizen.
Demand for Interview
If an officer threatens: If you do not talk to me now you will have to come in for an interview, the citizen should reply: Officer I only have to come in if you're going to arrest me, are you going to arrest me? Many officers employing such threatening tactics are bullies, weak human beings, and cowards, and are expected to back down at this stage. The citizen should then simply close the door.
Legal Advice and Contact Information
If the matter relates to a potential offence, the citizen should simply state: Officer I need time to take legal advice, I need time to take independent legal advice which you know I'm entitled to officer.
If the citizen wishes to be cautious while concluding the interaction, they may provide the officer with a means of contacting them. The citizen can state: Officer you may write to me at this address, this is my residence, this is where I live officer, you have no reasonable grounds to believe that I won't continue to live here. The interaction should then be terminated: I will not be co cooperating with you any further.
The Forceful Entry Provision (PACE Act)
Although the law is generally designed to protect the home, there is one right under the Police and Criminal Evidence Act (PACE Act) that allows an officer to force their way into a home.
Indictable Offence Exception
An officer may enter a home if they have reason to believe that an indictable offence is being committed. Indictable offences are defined as very serious crimes, such as murder or rape, and do not include matters stemming from social media posts. If the officer is present over a social media incident, the matter is nowhere near the big stuff.
Immediate Unlawful Violence Exception
Under Section 17 of the PACE Act, which relates to the Public Order Act, an officer may also enter if they believe that there is a danger of immediate unlawful violence will be used against a person. The citizen should counter this claim by stating: Officer there is no danger of immediate unlawful violence, if somebody is upset by my tweet, somebody is upset by my Facebook post, that's very much on them officer. The citizen should affirm their peaceful intentions, such as spending the evening watching television with tea and biscuits, reinforcing that there is no threat of immediate unlawful violence.
The complexity of the legal system, while flawed, still safeguards the citizen’s right to security within their home. This legal guidance is a simple explanation of the law and is not a substitute for independent legal advice.