You can find information about your rights throughout this guide, as well as from many of the organisations mentioned. You can also look at leaflets in York Central Library, or get more help from Castlegate or CAB.
in this section
When can I?
Legal rights and legal advice
Picture
Equality and access
Crime and personal safety
Consumer rights, mobile phones
You and the police
For Contact Details see
our A-Z
From the moment we are born, the law affects us. Throughout our lives it gives us various rights and responsibilities, and says what we can and can't do. There is no lower age limit to the following rights, so in theory:
From birth you can:
• get confidential advice and counselling
• give evidence in court
• agree to or refuse medical treatment (including contraception) if you understand the implications of it
(see here)
• ask to see personal information held on computer about you (although there are certain exceptions to this)
• choose your own religion
• have a bank account (at the bank's discretion), own property
• carry a donor card
• enter a public bar with someone aged 18+, at the landlord's discretion, if they hold a children's certificate
• smoke cigarettes, but not buy them
• have your body pierced, though your parents may have to accompany you, and give consent
• take flying lessons, though any hours you do will not count towards your licence until you are 14
• babysit - though the parents should assess your suitability, and could be prosecuted if you are under 16 and something
happens that you weren't competent to deal with
• make a complaint about sexual or racial harassment, or a complaint against the police
• you must have your own passport if you wish to travel abroad
At 5 you can:
• drink alcohol in private (e.g. at home)
• you are at compulsory school age (in the term following your 5th birthday)
• you have to pay a child's fare on trains
• see your school records
At 10 you can:
• be convicted of a criminal offence and be given a custodial sentence if the crime is a serious one
At 12 you can:
• be trained to participate in dangerous performances subject to a licence by the local authority
At 13 you can:
• get a newspaper round if by-laws allow it (York does)
At 14 you can:
• get a part-time job. See 'younger
workers'
• go into a public bar on your own (at the landlord's discretion) but you cannot buy or consume alcohol there
At 16 you can:
• work full time if you have left school, and receive a minimum wage (see
here) You can officially leave school on the last
Friday in June in the school year in which you reach 16.
• join a trade union
• leave home (with or without your parents' permission - only in exceptional circumstances would you need this)
• have a sexual relationship with someone of the same or opposite sex (as long as they are 16 or over too)
• marry with your parents' consent
• join the Armed Forces with your parents' consent
• be given an on-the-spot fine by the police
• get legal assistance in your own right
• see your health records - though you can see them at any age if your GP considers you mature enough
• buy Premium Bonds or National Lottery tickets
• buy certain alcoholic drinks with a meal in restaurants (beer, cider or perry). Buy liqueur chocolates
• hold a licence for a moped, go-ped, invalid carriage, or glider
• get a National Insurance number
• sell scrap metal
• buy a pet, or win a pet as a prize
At 17 you can:
• be tried in an adult court and sent to prison
• be questioned by the police without a parent or guardian there
• a care order can no longer be made against you
• hold a driving licence for a car or a motorbike (up to 125cc), or a pilot's licence
• give blood (see here)
At 18 you are an adult in the eyes of the law and can:
• leave home, or change your name (without parents' consent)
• marry, or register a civil partnership (without parents' consent)
• vote in elections
• your employer must pay you the national minimum wage for 18 year olds. (see
here)
• apply for a passport without parental consent
• serve on a jury, bring and defend a court action, sue, be sued
• make a will and sign documents on your own behalf
• have a cheque book, credit card, be liable for overdrafts, credit etc., pawn goods in a pawn shop
• buy fireworks
• buy and drink alcohol in a bar; buy cigarettes
• get a tattoo
• you can no longer be adopted, but if you have been, you can put your name and address on the Adoption Contact Register. You can apply for a copy of your original birth certificate
At 21 you can:
• become an MP or local councillor
• hold a licence to sell alcohol, hold a PSV or HGV licence
• adopt a child
If you would like to know more about what you can or can't do at what age, contact Castlegate.
If you have a legal problem, you may need to speak to a solicitor, though Castlegate or
CAB may be able to help.
For Contact Details see our A-Z.
Useful websites include youthinformation.com
and Liberty's website yourrights.org.uk, which has detailed
information about your rights e.g. to privacy; to protest; accessing files; freedom of information; dealing with the police; children's
rights; the mental health system, human rights act etc.
Castlegate offers a free legal advice surgery with students from York College of Law. They will meet with you at Castlegate and then write to you with legal advice about your situation. Drop-in or phone Castlegate to make an appointment. For Contact Details see our A-Z.
Community Legal Advice is a national helpline that can put you in contact with a local solicitor specialising in the area of law you need (e.g. housing, crime, family law). communitylegaladvice.org.uk also has information about common legal issues. You can search for a 'legal adviser' or ring their helpline, or ask Castlegate to help you find one. If you are on benefits or a low income you may be able to get help with the costs. For Contact Details see our A-Z.
For Employment rights see here
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Society is gradually becoming more tolerant and open minded about the differences that exist between us, whatever our colour, race, religion, sexuality, gender or ability. There are laws that protect people against discrimination, especially in employment matters (see here) but also in the way services such as the police, education or businesses have to treat you. For more information about your rights, ask at Castlegate or contact the following:
For Contact Details see our A-Z.
The Equality and Human Rights Commission (helpline and website) has information about human rights, sex discrimination, racial and religious discrimination and disability discrimination. They can also advise you about taking action.
multikulti.org.uk has information in 12 community languages. It covers employment, health, immigration, debt, education, racism and discrimination.
York Racial Equality Network provides mutual support to people experiencing racial harassment, victimisation or isolation. They also promote awareness of the needs of ethnic minority people in the York area, and provide information, resources and consultation opportunities.
York Travellers Trust offer support and information to travellers in York.
York and District Mind can advocate on your behalf if you feel you are being discriminated against on the grounds of mental health or by the mental health system.
If you need some support to get into work, education or training, for example because of a disability, there are organisations that can help. For more information see here
If you have been the victim of a crime, you should contact the Police - that's what they are there for. In an emergency dial 999 (minicom 669999), otherwise phone Fulford Road Police Station. In an emergency, dialing 112 from a mobile allows them to pinpoint your location quicker.
Victim Support - offer emotional support and practical help to all victims of crime including information on police and court procedures, compensation and insurance through the Criminal Injuries Compensation Authority. They can visit you at home, or you can make an appointment to see them at their office. The service is free and confidential. If you become a witness and have to give evidence in court you will also be contacted by the Witness Service. For Contact Details see our A-Z.
If you have been a victim of a rape or sexual assault, see here for more information.
Keeping safe... on the streets:
• When you are going out late, arrange a lift or taxi before you go. Make sure someone knows when you are expected back
• Don't hitch-hike or take lifts from someone you've only just met
• Avoid lonely bus stops, especially after dark
• If you have to walk at night, keep to well lit streets. Walk on the side that faces the traffic. If you think you are being followed, head for the nearest busy place
• Carry your keys in your pocket, in case your bag is stolen
• The most important thing is your safety. If someone tries to grab your bag, let it go. If someone tries to attack you, run away if you can. Don't stay to face up to them
• Most mobile phones will allow you to call 999 even if you have no credit left, or seem to have a flat battery
• Add details of a family member or friend under 'ICE' ('in case of emergency') in your phone contacts
Keeping safe... at home:
• Think about the security of your home. Fit window locks and a proper mortice lock on the front door, not just a Yale-type lock. If you live in rented accommodation, talk to your landlord if you don't think the security is good enough
• When you move into a new property, have a new lock put on the front door or your room door - you don't know who has lived there in the past and still holds keys. Make sure you consult your landlord before doing this
• Leave a light on when you go out at night, and lock doors and windows - even if you are just going to the shops
• Never leave a key hidden outside and especially not somewhere obvious e.g. on a string behind the door
• Ask to see an ID card when officials call. Phone their local office to check if you are in doubt. If strangers call for someone else you live with, make them wait outside while you fetch them
• If you think someone has broken in during the night, switch on a light and make some noise. If you are on your own, pretend there is someone there and call to them. Never go to confront an intruder. Phone the police as soon as you can
• Put expensive possessions out of sight from windows. Get a DIY kit to mark them with your postcode. Get a decent D-type lock for your bike and lock it to something fixed
Keeping safe... online:
For more information about keeping safe online, look at chatdanger.com or getsafeonline.org Although aimed at younger teen users, chat danger has useful safety tips on privacy, sharing information and images online, using mobiles and reporting problems - for example if you think someone is not who they say they are online. Get safe online has advice about social sites, online auctions, virus software, email, spam and sharing personal data. For Contact Details see our A-Z.
CONSUMER RIGHTS
As a consumer you have certain rights that protect you. You are entitled to a full refund if something you buy is:
• damaged or faulty (unless you were warned beforehand)
• different from the description given on the packaging or by shop staff
• not fit for the purposes the goods were made for
This applies to all goods, including things bought in the sales. You do not have to accept a credit voucher, exchange or repair unless the fault is very small. Take the receipt with you if you have it. You need to return goods within a reasonable time after you bought them.
You are not entitled to any refund or exchange if you have changed your mind about what you bought, although a lot of shops will do this.
Keeping the receipt and, if possible, the packaging for anything major that you buy will make it a lot easier to sort out problems later. If you think you have been denied your consumer rights, go to the CAB or Castlegate for advice, or contact:
Consumer Direct, which can help explain your consumer rights for example with shops or second hand cars and how to avoid dodgy deals, scams and rip offs. You can also contact them for advice about problems with phone contracts, faulty phones or phone deals. They can advise you how to take
things further if you are having problems. For Contact Details
see our A-Z.
MOBILE PHONES
All mobile phone companies seem to offer amazing deals, but make sure you find out all of the charges. Think about how much you will be paying altogether, and which option is most suitable for you. See Consumer Direct above about phone problems. Pre-paid phones can have higher call charges, but can stop you running up huge bills! Remember you can send free text messages from many internet sites. See here for information about 'BT Basic'
Mobile phones are a target for thieves. Always use a PIN code, if you have one. Typing *#06# into your phone will give you the phone's unique IMEI number which you can register on immobilise.com The number can be used to prohibit use of your phone if lost or stolen. For Contact Details see our A-Z.
YOU AND THE POLICE
The police are there to uphold the law fairly and firmly, and we all have a duty to assist them in doing so. You have certain rights in any dealings with the police, which it is useful to know. In all your dealings with the police, remember:
• Be polite at all times. It will make life a lot easier
• If you don't understand what is going on, the questions you are being asked, or terms they are using, ask.
• If you are accused of an offence, always ask to speak to a solicitor before you make a statement. The law is complicated!
Right to silence - you no longer have a complete right to silence. If you have a defence to the charge against you, tell the police when they interview you. If you remain silent during your interview but have an explanation when you go to court the judge may decide not to believe you because you didn't tell your story from the beginning.
Out on the street
Stop and search - you can be stopped and searched at any time if the police think you have on you: stolen goods, illegal drugs, burglary tools, an offensive weapon or other articles such as spray cans. They can also search your vehicle for the same reasons, if it is with you.
If the police search you it must be in a public place. If they ask you to take off your outer clothing you should do so, but you only have to remove your coat, jacket and gloves.
If you are being searched, there is certain information the police must give you. For example the object of the search, identity of the officer, the station to which they are attached, and the legal power being used. After the search, they will complete an 'encounter form' (unless this is completely impractical), and give a copy to you.
Stopped for questioning - in a public place the police can ask you to account for yourself - i.e. your actions, behaviour, what you are carrying or why you are there. You don't have to answer but they can infer from this and e.g. search you or make further enquiries. Unless it is impractical to do so, they should make a record of the encounter and give you a copy. If you are under 18 they may also inform your parents or other agencies, for example your school, even if no other action is being taken by the police.
Giving your name and address - generally the police don't have the right to demand your name and address apart from in certain circumstances. For example if they have reason to believe you are or were acting in an antisocial manner. If you then refuse to tell them, you are committing an offence and could be arrested, and they could go on to search you (see here). You can still answer their questions of course even if you don't think you have been doing anything wrong.
The police station
You only have to go to the police station if you are being arrested or being asked to provide a sample. Under certain circumstances you can be required to attend for a drugs search. You don't have to go just for questioning, although you may wish to go to assist them.
However, if you are under 18 and at risk, or if you are suffering from a mental illness and at risk, you can be taken to a police station for your own safety.
At the station you don't have to say anything. (but see 'Right to Silence') You have the right, for example, to speak to a solicitor, to let someone know where you are and to be told why you are being kept in.
Questioning - is for the police to get information and to see if you are telling the truth. Any interview is taped so your evidence can't be changed. For some offences you may not be interviewed. If you're not sure what is going on, don't answer any questions, admit anything or sign anything, until you have talked to a solicitor.
Solicitors - you have the right to see a solicitor. If you can't afford one or don't have one, you have the right to a free solicitor under the Duty Solicitor Scheme. You can change your mind at any time.
16 or under?
While you are being questioned, there must be an 'appropriate adult' present. e.g. a parent, carer, friend, youth worker or social worker.
In custody
While you are in custody you have certain rights, and you can ask to see a written copy of them. You can be kept in custody for further questioning for up to 24 hours. This can be extended to 36 hours (or even 72) but only with good reason. If you are hurt or ill, ask to see a doctor.
Taking samples
DNA samples are pretty routine now, and the law keeps changing. Ask what will happen to the sample and how long details will be kept.
Non-intimate samples: (fingerprints, urine, hair, saliva, mouth swabs) can be taken without your consent.
Intimate samples: (blood and semen) can be taken if the authorising officer had good reason to suspect a recordable offence.
Body searches - can only be done by (and in the presence of) someone of the same sex as you. If you are under 17 it should take place in the presence of the appropriate adult (see below) unless you both agree otherwise.
What happens next?
If the police decide to take things further, you do not necessarily have to go to court. A lot depends on your age, particularly if you are under 18 or you are vulnerable in some way - for example because you have a learning difficulty. The criminal justice system is complicated, and it does keep changing.
Instead of going to court you could be asked to agree to a penalty notice, reprimand, final warning, conditional caution etc. - but you have to admit the offence. If you are under 18 you may have to be referred to the Youth Offending Team. Honesty is the best policy, but you may still need time to think about a number of things, for example:
• who can I get advice and support from?
• what will go on my record, and for how long?
• what will happen next?
Even after something has happened it is worth getting advice about what went on and what may happen next. Call in at Castlegate or make an appointment to see a solicitor who deals with criminal matters - Castlegate can help or look at communitylegaladvice.org.uk to search for a local solicitor.
For more information about the criminal and youth justice systems look at cjsonline.gov.uk or yjb.gov.uk (click on 'youth justice system') or york-yot.org.uk For information about disclosing a criminal record, look at nacrodisclosures.org.uk or ask at Castlegate.
For Contact Details
see our A-Z.
If you have to go to court
You should make sure you have spoken to a solicitor before being called. This could be the duty solicitor or a solicitor that you have asked to represent you. Going to court can be confusing. You may not understand what is going on even when people are being helpful and explaining things. If you don't understand, always ask, until you are clear about what is happening and what will happen next.
You will have to give an address that the court can release you to, although if it is a more serious case you may be remanded in custody.
If you are under 18 you will be dealt with by the Youth Court. If you are over 18 you will be dealt with by the Magistrates Court. Whatever your age, if it is a very serious offence it will go the Crown Court. If you are found guilty, the court has a number of different sentences it can chose from, apart from a custodial sentence (i.e. prison or youth offender institution). For example you may have to:
• make amends to the victim
• do unpaid community work
• stay in frequent touch with a supervising officer
• attend special groupwork sessions
If you fail to do what is required of you, you will have to go back to court and can get sentenced again for the original offences.
If you have to go to court as a witness of a crime, contact the Witness Service, who can offer help and advice. For Contact Details see our A-Z.
Complaints about the police
If you think that the police have denied you your rights by not treating you properly, or if you have been racially or sexually harassed, then you can make a complaint. Go through a solicitor or CAB. You may also be able to claim compensation.
For Contact Details see our A-Z