Police Stop and Search - Your Rights

To many, the sight of a police officer is a great comfort and reassurance. However, to others the sight of a police uniform, or the sight of a warrant card, brings distress at the thought of yet another stop by the police. Another search. More questions about why they are walking down the road, where they are going or have been and with whom. All played out on the street, in full view of the public. And when they are finally free to continue on their day, having emptied the contents of their pockets and explained every article, they get to walk away with the rest of the watching public regarding them as a criminal. Just one that was lucky to not be caught this time because, as we all know, there is no smoke without fire. Because the police wouldn’t just stop someone for no reason, would they?

In 2014, the Home Secretary Theresa May MP, provided guidelines for the use of stop and search in a bid to provide transparency to stop and search and to ensure that it was not being used disproportionately against one section of society.

Police powers of stop and search are contained in Code A of the Police & Criminal Evidence Act 1984 (PACE). This Code itself has been amended many times by the introduction of different legislation (Terrorism Act, Criminal Justice & Public Order Act etc), but this Code still governs the police in this area.

The powers to stop and search must be used fairly, responsibly, with respect for people being searched and without lawful discrimination. A person’s race, gender, sexuality or disability should never be the sole reason to stop and search a person. The stop must be brief and the search must be carried out close to where the stop occurred.

There must be reasonable grounds for suspicion that articles unlawfully obtained or possessed are being carried or a reasonable belief for the stop and search that people are carrying dangerous instruments or offensive weapons. Reasonable grounds to stop and search are never the colour of someone’s skin, their dress sense, their previous convictions or beliefs. There must be some intelligence or information about that person (an allegation of wrong doing), or some specific behaviour by that person. Being part of group that is known to habitually carry knives or weapons, can be the basis of a stop. The questions asked by the officer and the answers received, may dictate if there will be a search.

All stops and searches must be conducted with courtesy, consideration and respect for the person being searched. Co-operation from the person must be obtained as far as possible. Any force used to conduct a search must be done so if the person resists. The force must be reasonable, as must the time taken to perform the search.

Before the search, the officer must inform the person that they are being detained for the purpose of a search. The officer must identify themselves by name and the police station to which they are attached. The only exception to this would be where an officer reasonably believes that revealing their name my place them in danger, of if the search is done in line with Terrorism legislation. The officer must also explain the object of the search, the nature of the power they are searching under, and what reasonable suspicion that they must have.

There is no power to require a person to remove any clothing in a public place, other than outer jackets or coats, gloves, scarves, unless it is being used to conceal an identity. This does not prevent an officer from placing his hands inside pockets to search. A more thorough search that requires the removal of clothing, where it is thought reasonable to do so, must take place away from the public eye and must be performed by a member of the same sex as the person searched. A search requiring the removal of clothing must not be carried out just because the initial search did not yield the desired results.

Once the search is completed, any person searched is entitled to a copy of the record of search. If not requested then, them a three month period exists in which the request can be made.

The most controversial stop and search powers are contained in s60 Criminal Justice & Public Order Act 1994. This provides police forces with the power to stop and search where they have no reasonable grounds for suspicion at all, save to briefly explain that a s60 power is in place. This authorises an officer to stop and search if the officer reasonable believes that incidents may occur involving serious violence, and they are acting to prevent such violence, or that persons are carrying a dangerous article or weapon. The stop and search must be authorised by an Inspector or above in writing or orally, and must be given on specific grounds, and must specify the period from which the powers can be used for. Powers to compel a person to remove a facial covering or disguise are also covered by s60.

The Best Use of Stop & Search Scheme issued by the Home Secretary is aimed at preventing or reducing the number of complaints regarding police conduct and the targeting of certain groups. However there has been no actual change in legislation, and the guidelines merely ask forces to adopt the guidelines.

Apart from data collection, the guidelines ask forces to obtain authorisation from a more senior rank than Inspector. The authorisation under s60 must now be when it is deemed necessary to do so, to prevent serious violence etc. Before the power is authorised there must be a higher degree of certainty with regards to intelligence received, Instead of reasonably believing that serious violence may occur, they must now reasonably believe that it will occur.

It should always be noted that if you are arrested following a stop and search, that you are entitled to free and independent legal advice, and that any words used by the police, and requesting legal advice will not delay matters. Please ask for a solicitor if you are in police custody, even if you feel you have done nothing wrong.