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Magpie

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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:

 

Admin2

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Scotland

Scots law is heavily based on common law. There is not one clear statute or code setting out the different criminal offences. Nor is there a collection of statutes defining most offences as in England, Wales and Northern Ireland.

Stop and search

Legislation providing for stop and search includes the Police, Public Order and Criminal Justice Act (Scotland) 2005

There is no general right for the police to search a suspect. There are exceptions to this: the police can stop and search without having a search warrant if they suspect someone of being in possession of any of the following: [2]

The police can only carry out a "pat down" search if a suspect has been arrested, the suspect is only required to remove outer clothing, for example a coat, in public. The suspect has the right to be searched by an officer of the same gender. The suspect is not required to give a name or address


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Magpie

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You are here > Home > Your Rights > The Rights of Suspects > Police powers to stop and search persons and vehicles - without arrest


Introduction

Part 1 of the Police and Criminal Evidence Act 1984 (PACE) empowers any constable acting with reasonable grounds for suspicion to stop, detain and search you or your vehicle, or anything in or on your vehicle for certain items, which may be seized. The provisions of the Act are supplemented by a Code of Practice on stop and search. The contents of the Code must be observed by the police, although the remedy for failure to observe it is usually to make a police complaint - or if prosecuted to raise an objection in court - rather than to take legal proceedings against the police.

PACE also provides some safeguards for other well-used police powers of search. These might relate, for instance, to searches for drugs or firearms and so on. The safeguards also apply in a limited way to controversial powers of stop and search introduced by the Criminal Justice and Public Order Act 1994 when it is feared that an incident involving serious violence may take place.

The police do not have general powers, apart from those specified in a statute, to stop and search you, unless you consent. You should ask the police officer to explain on what basis they are searching you. If no search power exists you should be told that you do not have to consent and if you do not, you should not be searched.
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Statutory Instrument 2002 No. 3075

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Statutory Powers of Stop and Search) Order 2002


© Crown Copyright 2002

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Police and Criminal Evidence Act 1984 (Codes of Practice) (Statutory Powers of Stop and Search) Order 2002, ISBN 0 11 044196 6. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.


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hammer6

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3 November 2006
IT'S A FIR COP, GUV...

Christmas tree thieves are facing a crackdown. Marked and unmarked police patrols will run in Dumfries and Galloway, Scotland's most heavily forested area, from now until the new year.


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how pathetic  xmas tree robbers. nothing wrong in having a nice fresh pine xmas tree.walt till easter comes and there be out in force checking all the easter eggs on the shelfs.

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Nice one Linda why do they have to patrol until the New Year.....I thought the special branch would stand down on boxing day!


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Bilko

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Quote:
Originally Posted by hammer6
3 November 2006
IT'S A FIR COP, GUV...

Christmas tree thieves are facing a crackdown. Marked and unmarked police patrols will run in Dumfries and Galloway, Scotland's most heavily forested area, from now until the new year.

Nice to know the police will be keeping a very high profile in the crime infested area of....eh....ermmm..."a heavily forrested area". Gangland heavy Barney the Bunny, top rabbit in the notorious Bunny Boys gang has retreated to his burrow till the heat dies down. Cyril the Squirrel his arch enemy is also keeping a low profile. Felix 'chick snatcher' Fox declined to comment.


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Badger & beaver are up to date as FOX news reported that the fir tree gang busters have a pine to settle with the mole who FCUKED off due to wanting to turn over a new leaf.......the police are reported to have said "he's off his tree and want to get to grips with issues at root level.

 

The BBC have issued a statement that the police are barking up the wrong Tree......Fir FCUK-SAKE can they no get it right?


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Bilko

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Quote:
Originally Posted by Admin2

Badger & beaver are up to date as FOX news reported that the fir tree gang busters have a pine to settle with the mole who FCUKED off due to wanting to turn over a new leaf.......the police are reported to have said "he's off his tree and want to get to grips with issues at root level.

 

The BBC have issued a statement that the police are barking up the wrong Tree......Fir FCUK-SAKE can they no get it right?

Aye the police said it was a job for special BRANCH....special branch said they would soon WEED out the GRASS responsible for feeding then wrong info.  Bilko


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Inspector Pinewood called fir an amnesty on all tree leafs after Christmas Carol turned supergrass ....but as usual they pined it on the wrong suspects after they found (allegedly) a beaver with very sharp teeth that fitted the description of the wobbers.

 

Woodman is now in hiding in Sherwood Forrest along with Robbin Wood who after decades on the run from detectives declared that not only has he turned over a new leaf Robbin Wood was trapped in a log cabin and was fighting extradition to the Amazonian high court for tree felony.

 

Pinewood studios are interested in taking his epic tales onto the big screen with a film in the pine-line called : 'The Tree Musty Queers' an adaptation of 'The Fig-utive' by the famous Russian director 'Ivor Branchinofski'.

 

meanwhile the POLIS have coned off the area concentrating on a suspect called 'TARZAN' who apparently is a real swinger who was last seen drinking in the Royal Oak 


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Police to blitz knife gang areas
Policeman holding a knife - Getty Images
Police will use metal detectors to search for knives
Police are to use stop and search powers targeting gangs in the latest crackdown on knife crime in Scotland.

The month-long campaign, starting on Monday, will use hand-held and walk-through metal detectors to search for blades being carried by people.

During the summer more than 1,000 weapons including swords, machetes and meat cleavers were seized.

Justice Minister Cathy Jamieson warned that new measures mean persistent knife carriers face up to four years in jail.

Scotland's eight forces will target gang-plagued areas using intelligence-led searches.

Knife amnesty

The scanning devices proved hugely successful in the previous crackdown, which ran from 30 June to 6 August.

That campaign was launched to target those who did not take advantage of the five-week nationwide knife amnesty which ran until 30 June.

The amnesty saw 13,000 weapons handed in across Scotland.

Since the last crackdown ended police have continued to seize a variety of weapons that could kill or maim.

We will continue to do everything possible to tackle knife crime
Chf Insp Alex McGuire

A 15-year-old was found with an 18in metal pole with a homemade handle at a park in Elgin, Moray.

Two men, aged 23 and 26, were arrested in Bridge of Allan, Stirlingshire, after they were discovered in possession of a samurai sword.

And a 14-year-old boy in Pollok, Glasgow, was caught with a 6in blade, while a 17-year-old youth in Livingston, West Lothian, was found carrying a meat cleaver.

The new crackdown is part of the year-long Safer Scotland campaign, which has previously included a blitz on underage drinkers.

'Deadly weapons'

Chf Insp Alex McGuire, from the Safer Scotland co-ordination unit, said: "A small minority continue to ignore our warnings and seem to think they are above the law.

"In the weeks ahead, officers the length and breadth of Scotland will be actively searching for knife carriers.

"We now have even more ways of searching for weapons and we will continue to do everything possible to tackle knife crime."

Ms Jamieson said: "We will make knife carriers think twice before they take to the streets with these deadly weapons in their pocket."

Measures introduced in September mean anyone caught carrying a knife in Scotland faces custody until they appear in court.


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