4. The rights and duties of a citizen

Basically every citizen has the freedom to do and say anything, if it is not against the law. The most important freedom possessed by everyone is physical freedom. This normally means the freedom to live, freedom from assault, from arbitrary arrest and unlawful detention.

There is also a right to possess property. This is preserved in the restrictions the law places on theft and damage.

Hand in hand with this is the right a person has to protect both his life and his property. This right is not absolute but confined to using only that force necessary and reasonable. Thus homicide may well be justifiable if that is the only way life can be protected but it is not justifiable to kill a thief who is fleeing.

One of the most frequently claimed “rights” is freedom of speech. This does not mean that you are free to say what you like when you like and where you like. It does mean that you can speak as you please provided it is not in a manner prohibited by law.

These laws are not designed to oppress, but to safeguard other people’s freedoms. The restrictions on the freedom of speech include slander, libel and the laws governing the use of insulting, threatening or abusive language or whereby racial hatred might be provoked.

Allied to freedom of speech is the right to march and demonstrate. The freedom to demonstrate is not a right conferred by law as many people believe, but exists because demonstrating is not prohibited by law. However, because demonstrating is not against the law it does not confer the right to people who might be demonstrating to break other laws, notably obstructing free passage along the highway. Legislation has conferred the right to picket peacefully during an industrial or trade dispute, but this right is not extended to other disputes or demonstrations and again it does not permit those involved to break the law.

There is no such thing as complete freedom, but a free society consists of a number of freedoms each of which may be restricted to some extent by legislation. These restrictions are embodied in the law and it is the function of police to enforce these laws. Any reduction in the ability of police to enforce them results in a reduction in the freedom of every member of society.

So much for your main “rights” as a citizen, but how are they to be protected?

Sir James Fitzjames Stephen writing in ‘A History of the Criminal Law of England’ in the nineteenth century said “A Policeman has no other right as to asking questions or compelling the attendance of witnesses than a private person has; in a word, with a few exceptions, he may be described as a person paid to perform as a matter of duty acts, which if he so minded, he might have done voluntarily”. This is still, in general, the position today.

The British system of policing relies heavily on public co-operation and approval. Essentially the authority of the police is little different from that of the rest of the community. Since this system depends heavily on co-operation from the community it is important for citizens to realise that they have duties as well as rights. It is the duty of a citizen to obey the law, to keep the peace and to assist the police.

It is this general duty to assist police which causes a few people problems, but this should not be so. The police act for the good of society as a whole. If a person sees a crime being committed, or knows the whereabouts of a criminal who is wanted or has committed a crime, it is not ‘telling tales’ to inform the police. By helping police we are helping preserve the rights and freedoms of other members of society.

When looking at ways of helping police it is not intended that members of the public involve themselves in situations where there is personal danger. There are many ways they can help without personal risk, such as by promptly informing police of criminal acts, by being prepared to give evidence in Court, by taking measures to safeguard their own property and by willingly co-operating with police when called upon to do so.

It is often thought that the police have a limitless power to arrest people, but this is not the case. With the exception of certain Acts of Parliament which specifically give the police the power to arrest people in particular circumstances, the power of arrest possessed by the police for the more serious crimes is little different from that possessed by other citizens. The essential difference is that while a police officer may arrest (without warrant) if he/she has reasonable suspicion that an arrestable offence has taken place, a private person cannot arrest unless an arrestable offence has actually been committed. An arrestable offence is one which carries a sentence of imprisonment of five years or more for a first offence or is designated as such, e.g., stealing or more serious assaults.

Just because a person has been arrested does not mean he has lost his rights. He has the right to be told why he is being arrested, unless his conduct makes this impossible. Although an arrest is an exercise of force he has the right to be arrested without the use of excessive force. He has the right to remain silent at all times and to be reminded of this right. He has the right to contact a solicitor and a friend if this does not hinder the processes of investigation or the administration of justice.

Historically the responsibility for the maintenance of law and order rested on the citizens of the community. The police are paid to perform this function as a full time duty, which is performed on behalf of the community. While the citizen enjoys certain rights he or she also has the duty to ensure nobody suffers any loss of their rights. The most important way to discharge this duty is to actively support his or her police force.