Visit due to Social Media

If the police knock on your door about a social media post, ask them to identify themselves (name, constable number, or warrant card) and state their reason for visiting.

You are not obligated to open the door or let them in unless they present a valid warrant or cite a specific legal power, such as Section 17 of the Police and Criminal Evidence Act 1984 (e.g., to arrest for a serious crime or prevent harm).

Politely ask if you are being accused of a crime and, if so, what offence. If they request a voluntary interview and no crime is alleged, inform them you will consider attending with legal representation and will record the interview (with their knowledge).

If the visit concerns a non-crime hate incident, ask for clarification and remind them of the Miller v College of Policing case (2020), which requires police to act proportionately and respect your free speech rights under Article 10 of the Human Rights Act 1998. Stay calm, note the officers’ details, and seek legal advice promptly if unsure. If you believe the police’s actions are unlawful, you can make a complaint or seek legal action later

Powers of Entry: Police MAY have warrantless entry powers under Section 17 of PACE for serious (indictable) offences or urgent situations

Voluntary Interview: You have the right to legal representation and transparency in recording interviews, aligning with PACE and Criminal Justice and Public Order Act 1994.

Miller Case and NCHIs: The Miller case is a reminder of proportionality and free speech rights

Recording Interactions: While not legally required, informing police you’re recording (e.g., via a doorbell camera) can deter misconduct at the time of the door knock. Covert recordings are legal but may not be admissible in court

Complaints: If police act unlawfully (e.g., unwarranted entry or disproportionate NCHI investigation), you can complain to the force or the Independent Office for Police Conduct (IOPC) or pursue legal action for trespass or rights violations