What is Stop and Search?
A ‘Stop and Search’ is when a police officer stops you in a public place and searches you, your clothes and anything you might be carrying. You can also be stopped and questioned, but if you are not physically searched, this is only a ‘Stop’.
Police have the legal right to stop or to Stop and Search you at any time so long as its use complies with statutory powers granted by Parliament. Find out more about Police statutory powers.
Under the law, community support officers can also stop and search you, but only as part of anti-terrorism activities. Regular police have more wide-ranging powers to stop you, and can be looking for more than just evidence of terrorist-related activity.
What they’re looking for
Police can search you for:
- Drugs
- Weapons
- Stolen property
- Terrorism-related evidence
- Evidence of other crimes
Why it's done
In England and Wales, police have the legal right to stop members of the public and search them for a variety of reasons.
Why you might be searched
They can search you:
- As part of anti-terrorism efforts
- If they think you're carrying a weapon or drugs
- If there has been serious violence or disorder in the vicinity
- If they are looking for a suspect who fits your description
The Laws
Section 1 of the Police and Criminal Evidence Act (PACE) 1984
Section 1 of PACE is the most commonly used power and gives the police power to stop and search people and vehicles for stolen goods and offensive weapons on the basis of reasonable suspicion.
Section 60 of the Criminal Justice and Public Order Act 1994
Section 60 of the Criminal Justice and Public Order Act 1994, gives police the right to search people in a specific area at a specific time when they believe, with good reason, that there is the possibility of serious violence or that a person is carrying a dangerous object or offensive weapon.
This law is used mainly to tackle football hooliganism and gang fights.
Section 44 of the Terrorism Act 2000
Section 44 of the Terrorism Act 2000 gives police the power to search people for equipment that could be used to commit a terrorist act. Police can search anybody anywhere under this law, and they do not need reasonable suspicion to do so. It is under this law that police conduct random searches in train and tube stations.
These searches are an important tool in the ongoing fight against terrorism. Used as part of a structured anti-terrorist strategy, the powers help to deter terrorist activity by creating a hostile environment for would-be terrorists – ensuring it is not easy for them to carry or use explosives.
What to expect
If you are stopped, police will ask you a few questions and, if necessary, search you.
This search is not voluntary. If you resist, the police can use reasonable force to conduct the search.
The officers will want to search:
- Any bags you may be carrying
- Your pockets
- Anything found in your bags or pockets
Expect to remove clothing
You should expect them to search anywhere you could conceivably conceal what they are looking for i.e. illegal items. If you are in a public place, you will usually only have to remove exterior garments such as your coat and gloves.
If police ask you to remove more than your coat, or if you are wearing clothing for religious reasons (such as a veil), they will take you somewhere private, out of public view. If this happens the police officer involved must be the same gender as you.
What to expect from Police behaviour
The process should be handled quickly and professionally and shouldn’t take up too much of your time.
The officers must be polite and respectful at all times. If this isn’t the case, you have a right to make a complaint about how you’ve been treated.
What the Police officer must tell you
There are a number of things the officer searching you must tell you, including:
- The law under which they are stopping or searching you
- Their name
- Their station
- What they are looking for
- Why you've been stopped (unless it's a terrorist stop)
They should also tell you that you have the right to be given a record of the search.
Where can I be Stopped, or Stopped and Searched?
There is no way to anticipate precisely where a Stop or a Stop and Search might take place. However, you are most likely to be Stopped and Searched while walking in a public area or while driving your car.
A stop and / or search could take place in any public area. However, those most likely to be selected include:
- Areas around professional football grounds
- Neighbourhoods experiencing an upsurge in crime
- Areas where there has been disorder
- Public transport stations
- Neighbourhoods where a violent crime has recently occurred
If the police have reason to believe there may be serious violence or acts of terrorism, they can search everyone in an area for weapons or explosives without needing a reason to search any particular individual. They must obtain the necessary permission under the relevant public order and terrorism legislation. What are the Police statutory powers for Stop and Search?
My rights
If you refuse to be stopped, the police can use reasonable force to both stop and detain you so they can conduct a search. You shouldn't walk away. You do have a number of rights that will protect you during and after you've been stopped or searched.
The police must have reason to suspect you
If police are searching for drugs, weapons or stolen property, they must have a reason to suspect you (such as a general description, your behaviour, or other intelligence) before they can search you. If they do not, they should not search you.
Except in cases of suspected terrorism
If, however, officers are searching for evidence related to terrorism, and they have the necessary permissions, they do not need reasonable cause to suspect you before they search you. In that circumstance they may search anybody.
Know your rights
Here's a basic rundown of rights that protect you:
- The officers searching you must use the Stop and Search powers fairly, responsibly and with respect for people without discriminating
- If English is not your first language, and you do not understand why you have been stopped, reasonable steps must be taken to provide you with information in your own language
- The officer must make sure that the search time is kept to a minimum
- The search must take place near where you are stopped, except in instances where moving you would protect your privacy
- The officer does not have the power to stop you in order to find grounds for a search
The police must provide certain information
The police who stop you must provide you with certain information including:
- Their name and the station where they work (unless the search is in relation to suspected terrorist activity or giving his or her name may place the officer in danger. They must then give a warrant card or identification number)
- The law under which you have been stopped
- Your rights
- Why you have been Stopped and Searched
- Why they chose you
- What they are looking for
They must also give you a Stop and Search form that records those details. If you later decide to make a complaint about how you were treated, that form will be your proof that you were stopped on that date, at that time.
Further information about your rights
If you want more information about your rights and Stop and Search, visit the Association of Police Authorities (APA) website or speak to your local police authority.
These groups can give you more information about your rights: