You can find information about your rights throughout this guide, for example in the sections on housing, health, employment rights or benefits.
When can I?
Legal rights and legal advice
Picture
Equality and access
Crime and personal safety
Consumer rights
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:
everyone has the - human right - to be free from violence, as well as a right to
health care, education and freedom of speech
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)
choose your own religion
have a bank account, with a parent's permission
enter a public bar with someone aged 18+, at the landlord's discretion, if they hold a children's certificate
carry a donor card
smoke cigarettes, but not buy them
have your body pierced, though your parents may have to accompany you, and give consent
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)
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 'light job' such as shop work or a paper round if by-laws allow it (York does)
At 14 you can:
get a part-time job, though restrictions apply to the hours you can work. See 'younger
workers'
go into a public bar on your own (at the landlord's discretion) but you cannot buy or consume alcohol there
you are treated as fully responsible for your actions if you break the law
(for serious crimes you can be fined up to £1000 or held in secure
accommodation for up to two years)
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.
you are entitled to free Further Education until you are 19
apply for a passport, though you may need parental permission depending on
circumstances
change your name, with parental permission
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
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.
Choose your own G.P.
buy Premium Bonds or National Lottery tickets
have certain alcoholic drinks with a meal in restaurants (beer, cider or
perry, but not spirits). Buy liqueur chocolates
hold a licence for a moped (up to 50cc), go-ped, invalid carriage, or glider
get a National Insurance number and claim benefits if eligable
sell scrap metal
buy a pet, or win a pet as a prize
you have to pay full fare on trains (but you can get a railcard)
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
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. Stand as an MP, councillor or mayor
apply for a passport without parental consent (though you may be able to do
this at 16)
serve on a jury, bring and defend a court action, sue, be sued, sign
documents on your own behalf
have a cheque book, credit card, be liable for overdrafts, credit etc., pawn goods in a pawn shop
own a house or land, or apply for a mortgage. Make a will
buy fireworks. Get a tattoo
buy and drink alcohol in a bar; buy cigarettes, place a bet
hold a licence to sell alcohol
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:
you are entitled to full minimum wage (see
here)
hold a licence to drive a bus, van or vehicle with trailer
supervise a learner driver
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 need a proof of age card, these are currently issued by two companies; validateuk.co.uk and citizencard.com (they both have the 'pass' hologram logo). Prices approx £15. Cards may also be accepted as I.D. e.g. for claiming benefits or opening a basic bank account.
If you have a legal problem, you may need to speak to a solicitor, though Castlegate or CAB may be able to help. See also 'Community Legal Advice' below. For Contact Details see our A-Z. Liberty's website yourrights.org.uk has detailed information about your rights e.g. to privacy; to peaceful protest; data protection; freedom of information; dealing with the police; children's rights; the mental health system; the immigration system; human rights act etc.
lawstuff.org.uk is a rights website aimed at young people under 18 including 'at what age can I?' and legal rights about e.g. education, the police and health.
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 free national helpline if you need help with family, debt, housing, employment, education, welfare benefits or tax credits problems. If you are on benefits or a low income they may be able to put you in touch immediately with a specialist adviser to take on your case free of charge under the 'Legal Aid' scheme. More information at direct.gov.uk (search for 'legal advice') or ask at Castlegate. For Contact Details see our A-Z.
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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, age discrimination, sex discrimination, racial and religious discrimination and disability discrimination etc. They can also advise you about taking action and about how your rights apply.
multikulti.org.uk has information in 13 languages about education, health, employment, immigration, debt, 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 locally, and provide information, resources and consultation opportunities.
There is an Adviser for Young Traveller and
BME People. See here
for more information.
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 because of a disability 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
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. See also reportmyloss.com
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
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. 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. See also here about immobilise.com
If you've had something stolen or lost something valuable to you, report it to the police. You can also report it online at reportmyloss.com - a police endorsed website.
Keeping safe... online:
For more information about keeping safe online, look at thinkuknow.co.uk or getsafeonline.org Although aimed at younger teen users, 'think u know' has useful safety tips on privacy, sharing information and images online, social networking, 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 identity theft. 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.
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.
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. The Liberty website yourrights.org.uk is a good source of information about your rights in dealing 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!
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 that could be used for criminal damage such as spray cans. They must have evidence of their use, or your intention to use them. They can also search your vehicle for the same reasons - if you aren't present they must leave a notice to tell you so.
If the police search you it must be in a public place - you'll be asked to turn out your pockets and show the contents of your bag. 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 they want you to remove anything further or anything you wear for religious reasons they must take you somewhere out of the public view.
If you are being searched, there is certain information the police must give you. For example what they are searching you for, the identity of the officer, the station to which they are attached, and why they are searching you. After the search, they will complete an 'encounter form' (unless this is completely impractical), and give a copy to you. They have the power to seize anything that they have the power to search you for.
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.
If the police have reasonable suspicion that you have committed an offence or intend to do so you can be arrested, with or without a warrant. They must tell you that you are being arrested, and why. They are allowed to use reasonable force to do so.
PCSO's - Community Support Officers - support the police and mostly deal with community matters. They have the power, for example, to confiscate tobacco and alcohol where appropriate, and demand your name and address if you are acting in an anti social manner. They do not have the power to stop and search.
At 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.
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.
If you have a defence to the charge against you, it is usually a good idea to tell the police. 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. This can be complicated and one of the reasons why it's a good idea to ask for a solicitor from the beginning.
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.
In custody - while in custody you are entitled to let someone know know your whereabouts, food and exercise, a warm clean cell with bedding, periods of rest, and access to a doctor if you need one. You can ask to see a written copy of your rights. 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. Otherwise you'll be released if there is insufficient evidence to charge you.
If you are under 17 - there must be an appropriate adult present while you are being questioned. e.g. a parent, carer, friend, youth worker or social worker. This can also apply if you are vulnerable because of e.g. a learning disability.
Taking samples
DNA samples are pretty routine now. Ask what will happen to it and how long details will be kept, as the law keeps changing on this.
Non-intimate samples: Fingerprints, mouth swabs, saliva, hair, footwear impressions and photos can all be taken without your consent.
Intimate samples: Blood, urine, semen, dental impressions and pubic hair can also be requested. You must consent in writing but refusing to provide these samples can harm your defence.
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.
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.
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 with a solicitor who deals with criminal matters. Go to direct.gov.uk and search for 'legal advice' to find a local solicitor.
For more information about the criminal and youth justice systems look at direct.gov.uk (search for 'crime and justice') or york-yot.org.uk. You can also look at nacro.org.uk (search for 'sorting yourself out') for a guide on disclosing a criminal record, as well as advice about housing and employment etc. if you've been released from prison.
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 to 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 group work 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.
For Contact Details see our A-Z