Saturday, April 5, 2025

Top 5 Mistakes People Make When Representing Themselves in Court (UK)



Representing yourself in court—also known as being a litigant in person—can be daunting. While it's legal and often necessary for those who can't afford legal representation, it's easy to make costly errors. Here are the top five mistakes people make when going it alone in UK courts, and how to avoid them.

1. Not Understanding Court Procedure

Many people walk into court thinking they can just “tell their story.” But UK courts operate on formal procedures. Missing deadlines, using the wrong forms, or not following protocol can damage your case—or even get it struck out.

🔎 Tip: Read the Civil Procedure Rules (CPR) or the relevant tribunal guidance before your hearing. You can also seek help from legal clinics or Citizens Advice.


2. Letting Emotions Take Over

Court is not the place for emotional outbursts. Passionate arguments can backfire if they’re not backed by facts and legal reasoning. Judges are trained to remain neutral—they won’t be swayed by anger or tears.

🔎 Tip: Practice your key points ahead of time. Stay calm, polite, and focused on the facts.

3. Not Preparing Evidence Properly

Just bringing documents isn’t enough. If your evidence isn't properly organised, explained, or submitted on time, it might be ignored. Evidence must be relevant, admissible, and presented clearly.

🔎 Tip: Label and reference all evidence. Know what each piece proves. Check court rules on submitting evidence and disclosure.

4. Misunderstanding the Law

Google can’t replace a law degree. Many people cite irrelevant laws or misinterpret legal principles, weakening their case.

🔎 Tip: Use reliable legal sources like GOV.UK, the Judiciary website, or BAILII. If unsure, get advice from a solicitor—even one-off advice can help clarify your rights and strategy.


5. Failing to Think Like the Judge

Judges aren’t there to fight your battles. They make decisions based on law and evidence—not emotion or who “deserves to win.” If you can’t frame your argument in legal terms, the judge may not be able to help you.

🔎 Tip: Ask yourself: “What legal point am I proving with this?” Use clear, structured arguments supported by law and evidence.


💡 Bonus Tip:

Even if you can’t afford full representation, consider a McKenzie Friend—someone who can assist you in court (though they can’t speak for you). And always look into legal aid, pro bono services, or university law clinics.


Friday, April 4, 2025

Know Your Rights When Stopped by Police in the UK (2025 Update)

Getting stopped by the police can be intimidating, even if you've done nothing wrong. It’s important to understand your legal rights and responsibilities during any interaction with law enforcement in the UK. This guide outlines what the police can and cannot do—and what you should (and shouldn't) do when stopped.


Types of Police Stops

There are different types of interactions with police, and your rights depend on the situation:

Stop and Account
Stop and Search
Being Arrested
Being Detained (Without Arrest)

Let’s break each one down.

 

1. 🚶 Stop and Account

✅ What It Is:

The police can stop you in a public place and ask:

  • Who you are

  • What you're doing

  • Where you're going

🛑 Your Rights:

  • You do not have to answer these questions.

  • You cannot be searched or detained just for refusing to answer.

  • Walking away is not a crime (unless they escalate it to a stop and search or arrest).

2. 🔍 Stop and Search

✅ What It Is:

Police can stop and search you, your vehicle, or your belongings if they have reasonable grounds to suspect you’re carrying:

  • Drugs

  • Weapons

  • Stolen goods

  • Items used to commit crime

🚨 Special stop-and-search powers exist under Section 60 and terrorism laws, which allow searches without suspicion in specific circumstances.

🛑 Your Rights:

  • You have the right to:

    • Know the reason for the stop

    • Know the legal power under which you are being searched

    • Ask for the officer’s name and badge number

    • Request a record of the search (you can get a copy later if not provided on the spot)

🚫 You do not have to:

  • Give your name or address

  • Answer questions (unless driving—see below)


3. 🚔 If You're Arrested

✅ Your Rights on Arrest:

  • The police must:

    • Tell you you’re under arrest

    • Explain why you're being arrested

    • Say the legal power they’re using

  • You have the right to:

    • Remain silent (but there are situations where silence can be used in court)

    • Free legal advice

    • Inform someone of your arrest

    • See the Codes of Practice outlining your treatment while in custody

📝 Note:

  • You can be held up to 24 hours without charge (longer for serious crimes).

  • For terrorism cases: up to 14 days.

4. 🚗 If You're Driving

Police Can:

  • Ask you to pull over

  • Request your:

    • Name and address

    • Driving licence

    • Insurance and MOT certificate

If You Refuse:

  • Failing to stop or provide information is an offence.

⚖️ What To Do If You Feel Your Rights Were Violated

  • Stay calm and cooperative

  • Ask for the officer's details

  • Note the time and location

  • Film the interaction (you are legally allowed to record in public spaces)

  • Contact a solicitor

  • You can make a formal complaint via:

    • The police force's website

    • The Independent Office for Police Conduct (IOPC)

📚 Legal Backing

Some of the key laws and guidelines:

  • Police and Criminal Evidence Act 1984 (PACE)

  • Criminal Justice and Public Order Act 1994

  • Human Rights Act 1998

  • Terrorism Act 2000


✅ Quick Do’s and Don’ts

✅ Do❌ Don’t
Stay calmRun or resist
Ask why you're being stopped          Lie or give false info
Record the stop                         Escalate verbally or physically
Ask for a record of the search                        Forget to follow up if needed