Marie:'Hi Emma. Sorry I'm late. I was stopped by the police on my way here.'
Emma:'Why?'
Marie:'They said something about a crime happening. What it was, I can't remember. They asked me some questions about who I was and what I was doing, and then let me go. I get really nervous around the police. It's probably because English isn't my first language and I don't know much about the law and what my rights are either.'
Emma:'It is important to know about the law and what the police can and can't do. I studied law at university, so I can clear some things up about that for you.'
Marie:'That would be very helpful.'
Emma:'First of all, here in England, if the police stop you and ask you questions, legally you don't have to answer them.'
Marie:'I didn't know that.'
Emma:'However, if they suspect that you have committed a crime and are carrying something connected to a crime, they are legally able to stop and search you and then you have to do what they say. But they have to tell you before who they are and why they have stopped you and that they are going to search you.'
Marie:'Can they do that to anyone?'
Emma:'No, they can't. They have to have reasonable grounds for doing it. Like you match a description of someone who has committed a crime or you are behaving in a suspicious way.'
Marie:'So what you are saying is, they would do that if they think I am a potential suspect in a crime, that I have done or are doing something criminal.'
Emma:'Basically, yes.'
Marie:'And what would happen if I refused to let them search me?'
Emma:'They would very probably arrest you and then search you.'
Marie:'And if I tried to run away before they did that.'
Emma:'They would definitely arrest you then and then restrain you, so you couldn't run away again and then search you.'
Marie:'Restrain me with handcuffs, like in the movies?'
Emma:'If you were being physically aggressive or trying to escape, then probably they would. But if you weren't, then they shouldn't. The police can't do whatever they want, they have rules and regulations to follow. So they can't use excessive force to detain somebody, like kicking someone in the head when arresting someone, they have to use reasonable force when physically stopping or touching someone.'
Marie:'And that depends on the situation they are in, I suppose.'
Emma:'Exactly. Going back to what happened to you, someone probably had reported a crime in the area and you probably fit the description of the suspect.'
Marie:'Someone told them that a crime had happened?'
Emma:'Yes. Probably the victim of the crime called the police to tell them what had happened to them.'
Marie:'And is reporting a crime the same thing as making an allegation?'
Emma:'In both you are making the police aware that some criminal offence has taken or is taking place. But with an allegation, you have to actually specify who has committed the crime, give their name. Whereas with reporting a crime, although you can make an allegation about who has done it, sometimes you can't, because you don't know who has done the crime or know the people you saw doing it.'
Marie:'So, after the police are made aware that a crime has happened after someone has reported it or through an allegation, what do they do next?'
Emma:'They will carry out an initial investigation to find out what has happened and to decide whether or not to proceed with the investigation.'
Marie:'What do they do to decide whether they are going to continue with it or not.'
Emma:'They firstly need to check out whether a crime has happened or not. So a police officer will go and speak with the victim of the crime and or the person who reported it. They will also try to find anyone who is a witness to the crime and speak with them to describe what they saw so to be clearer about what happened and to help them identify the person or people who did it. They will probably get them to write a statement, detailing everything that happened or what they saw. And they will use those signed statements as evidence in the investigation.'
Marie:'But isn't evidence things like a gun used in a shooting or an item of clothing or fingerprints found at a crime scene.'
Emma:'Physical objects like those which are found at where a crime happened are types of evidence, but evidence can also be what people said happened which has been recorded in a statement or noted down by the police.'
Marie:'Ok.'
Emma:'And if they have a suspect for the crime, they will also speak with them. And the suspect can make a statement as well.'
Marie:'It seems logical.'
Emma:'So after they have got all this information and evidence, the police will then decide whether to continue the investigation or not.'
Marie:'And what happens if they decide to continue with it?'