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Police Witness Intimidation: Your Rights if You Refuse to Talk
Imagine this scenario: You witnessed an altercation on your street, and a police officer knocks on your door asking for a statement. You are worried about the repercussions and don’t want to get involved, so you politely decline. But the officer doesn’t leave. They might even tell you that you ‘’have to’’ speak to them, or imply that refusing makes you look guilty. They might even threaten to take you to the station and suddenly you aren’t just a bystander; you feel like a suspect.
This is a frighteningly common experience, and that’s why it is important to know your rights so you can separate police bluster from the facts. Generally, you have the right to remain silent even if you are a potential witness.
In this article, we will explain what police witness intimidation looks like, whether you have to talk to the police, and how our solicitors can help you if police officers have overstepped their authority.
What is police witness intimidation?
In the UK, police have a duty to investigate crime, which naturally involves asking the public for information. However, there is a strict legal boundary between diligent investigation and harassment.
Police witness intimidation happens when police officers use aggressive tactics such as threats or coercion to force a person to provide a statement or testimony against their will. While we often think of ‘’witness intimidation’’ as something criminals do, it is arguably as common with law enforcement officers and certainly more damaging as they have sworn to uphold the law.
Police intimidation can range from subtle psychological pressure, like suggesting you will be in trouble if you don’t help, to threats of arrest or unwarranted searches.
If the police are harassing you to provide evidence, this may be considered police misconduct under UK law and you might be able to take legal action.
Do you have to talk to the police as a witness?
The short answer is: Generally, no.
In England and Wales, there is no legal duty for a witness to answer police questions or provide a witness statement except for some rare occasions, such as fraud or terrorism investigations.
What does police intimidation look like?
Intimidation can be difficult to identify because police officers are authority figures and we are conditioned to obey to them. However, behaviour crosses the line into misconduct when it becomes oppressive.
Examples of police witness intimidation include:
- Threats of ‘’Obstruction’’: An officer telling you that refusing to answer questions is an obstruction of justice
- Threats of Arrest: Telling you that if you don’t cooperate, they will arrest you to make you talk.
- Excessive Contact: Repeatedly visiting your home or workplace after you have clearly stated you do not wish to cooperate.
- Coercion regarding the Suspect: Putting unnecessary moral burden on your shoulders by telling you that a dangerous criminal could go free because of you.
- Ignoring vulnerability: Pressuring minors or people with mental health issues to speak without a parent, guardian or solicitor present.
You may be able to file a complaint if the police are acting aggressively towards you instead of conducting a thorough investigation into a crime. You can read more about police investigation failures and your rights here.
Can the police arrest you or search your home to force a statement?
The most common fear witnesses have is that they will be arrested or their home will be searched if they don’t cooperate with police investigations.
Wrongful Arrest
In order to arrest you, police officers must have reasonable grounds to suspect you have committed an offence. Simply refusing to be a witness is not a crime.
If an officer arrests you only to pressure you into giving a statement that is wrongful arrest and constitutes false imprisonment. You would likely have a compelling case against the police force involved.
Unlawful Police Search
Similarly, the police cannot search your home just because they are annoyed you won’t talk. To search your property, they generally need:
- A warrant issued by a court, OR
- Your consent, OR
- Specific powers under the Police and Criminal Evidence Act (PACE), for example if you are being arrested for an indictable offence.
If officers threaten to search your home unless you give a statement, this is an abuse of power and may constitute an unlawful police search.
What are your rights if you refuse to talk to the police?
If you find yourself in a situation where officers are demanding information, it is crucial to remember your rights when dealing with the police:
- The Right to Silence: You do not have to answer questions; you can simply say ‘’I have nothing to say’’, or ‘’no comment’’.
- The Right to Privacy: You do not have to let the police into your home unless they state they have a legal power to enter, you can ask them to show you the warrant or state the statute
- The Right to Leave: If you are not under arrest, you are free to leave. Ask the officer directly: ‘’Am I under arrest?’’ If they say no, you can walk away or close your door.
- The Right to Legal Advice: if you are arrested or asked to attend a voluntary interview under caution, you are entitled to free independent legal advice.
If the police have acted negligently or breached your rights, you may be entitled to take action.
How to challenge police witness intimidation?
Dealing with aggressive police officers is daunting, but you do not have to accept harassment. If you believe you are being subjected to police witness intimidation, follow these steps:
- Stay Calm but Firm: Do not become aggressive, as this can give them an excuse to arrest you for breach of the peace. State clearly that you do not wish to provide them a statement and ask them to leave.
- Record Details: Note down the officers’ shoulder numbers, names, and exactly what they said to you. If they threatened you, write down the specific words used.
- Make a Complaint: You can file a formal complaint with the police force in question or the Independent Office for Police Conduct (IOPC).
- Contact our Specialist Solicitors: A letter from a law firm pointing out that the police are acting beyond their powers often stops the harassment immediately.
Contact DPP Law today
At DPP Law, we have a specialist team dedicated to holding the authorities accountable. Our actions against the police solicitors have extensive experience in cases where officers have abused their power, performed unlawful arrests, or harassed members of the public.po
If the police have harassed you, threatened you, or arrested you unlawfully because you refused to be a witness, we can help you file a complaint and claim compensation for the distress caused.
Contact DPP Law today for confidential, expert advice. We will protect your rights and help you stand up to intimidation.
