Legal Advice on Crime: Police Powers & Common Law
When considering police powers, particularly concerning search and seizure of property, the starting point is to look at powers that come from statute. The most obvious statute is the Police and Criminal Evidence Act 1984.
On occasion, however, statute does not provide police with effective powers, and the question arises as to whether their actions will be lawful if they act outside of a statutory framework.
The answer to this was provided as long ago as 1969 when the Court of Appeal (Civil Division) commented:
‘We have to consider, on the one hand, the freedom of the individual. His privacy and his possessions are not to be invaded except for the most compelling reasons. On the other hand, we have to consider the interest of society at large in finding out wrongdoers and repressing crime. Honest citizens should help the police and not hinder them in their efforts to track down criminals.’
This balancing act between individual rights and the interests of society lies at the heart of criminal law, and it’s especially important when police operate under common law powers, rather than a clear statutory authority.
When police actions fall outside established legislation, such as the Police and Criminal Evidence Act 1984, it becomes vital to scrutinise whether those actions are truly lawful.
- Were there reasonable grounds for the search or seizure?
- Was the individual informed of their legal rights?
- Were procedures followed during an arrest?
These are not just technicalities, they can make or break a case.
If you’ve been affected by police action that you believe was unjustified or outside legal bounds, don’t leave it to chance.
Acting Under Common Law Powers
To act under common law powers, the court held that the following must be satisfied:
1. Reasonable Grounds: Serious Crime Must Be Suspected
Before police can lawfully act under common law powers, they must have reasonable grounds to believe a serious criminal offence has been committed.
The law is clear: in the interest of justice and public safety, suspects must be identified and brought before the court. But that doesn’t mean the police can just charge in.
If you’ve been approached or investigated and you’re unsure of your rights, it’s crucial to get legal advice as early as possible, ideally before answering any questions at the police station.
2. Crime-Related Evidence: What Police Can Seize
Police can only seize items if they have good reason to believe the object is tied to the crime, like stolen property, a weapon used in the offence, or something that could serve as evidence in court (think: blood-stained clothing or a getaway car).
This is where things can get messy. Without proper process, overreach can happen. If you’re unsure whether police acted within the law, speak to a criminal defence solicitor. We offer free legal advice and can explain what counts as “reasonable grounds” when it comes to property searches or seizures.
3. Linking the Suspect to the Crime
It’s not enough for the police to just have an inkling, they must reasonably believe the person holding the item is directly connected to the criminal offence. That could mean the person committed the crime, was involved as an accessory, or is deliberately obstructing justice.
If you’ve been linked to a crime but believe it’s mistaken identity or unfair treatment, you have rights. Our team can offer legal advice and representation throughout the entire criminal justice system, including interviews and court hearings.
4. Time Limits on Holding Evidence
Police can’t just hang onto your stuff forever. If they seize property during an investigation, they must return it once it’s no longer needed, or provide a copy, where possible.
That means no more waiting years to get your phone back because someone once thought it might be evidence. If you feel your rights have been breached, or you need help getting legal aid to challenge police actions, we’re here to help.
Our solicitors can guide you through the process.
5. Judging Police Conduct at the Time
Here’s a big one: whether police acted lawfully is judged based on what they knew at the time, not on what came out later in court or the news.
So even if no charges are brought or the case falls apart, the law still asks: were the police justified at the moment they acted?
If you’re unsure whether your rights were respected, especially during a police station interview, don’t leave it to chance. Get legal advice early. We can provide support from the very first contact with authorities, ensuring your voice is heard.
Get Expert Legal Advice on Crime, Arrests & Your Rights
Facing a criminal investigation, police arrest, or looming court date? It’s a stressful place to be, but you’re not alone. Whether you’re being questioned under caution at the police station, charged with an offence, or just unsure where you stand under criminal law, we’re here to help with our specialist advice.
At every stage, from initial investigation through to court proceedings, we provide clear, practical legal advice on crime that puts your legal rights first. We’ll help you understand what’s happening, what the police can and can’t do, and how best to protect yourself and your future.
Worried about legal costs? We can advise on eligibility for legal aid and talk you through your options, so you’re not left in the dark about fees or funding.
If you or someone you know is facing a criminal charge or needs urgent advice after being arrested, don’t delay. Speak to a trusted, experienced criminal defence solicitor today.
Contact us today for expert help.
Image credit: © West Midlands Police, Crown Copyright
