Know Your Rights: Stop and Search
Updated: Jun 7, 2020
The police are a body of officers empowered by the state to protect our human rights and enforce the law. It is because of these civil servants that we are able to live free of violence and fear of crime, but what happens when the same officers use their powers to act on prejudicial assumptions instead of reasonable judgement?
The purpose of stop and search powers
“A police officer has powers to stop and search someone if they have ‘reasonable grounds’ to suspect they are carrying drugs, weapons, stolen property, or something which could be used to commit a crime. Stop and search allows the police to check their suspicions about an individual without having to arrest them.” – Fullfact.org
With high levels of knife crime in the UK, stop and search powers enable police to both prevent crime and investigate suspicions of any crime that they believe to have already taken place.
Officers are only allowed to search someone that they have ‘reasonable grounds’ to suspect of carrying drugs or an offensive weapon. Their powers are intended to be used fairly to remove drugs and knives from circulation, improving crime rates and ensuring public safety.
Despite the intentions behind stop and search powers to allow officers to act fairly, however, study upon study finds black men to be disproportionately discriminated against under these powers.
The dark reality of racial prejudice
According to GOV.UK[1], there were 375, 588 stop and searches in England and Wales between April 2018 and March 2019 at a rate of 7 per 1000 people.
For white people, there were 4 stop and searches for every 1000 people.
For Asian people, there were 11 stop and searches for every 1000 people.
For black people, there were 100 stop and searches for every 1000 people.
Black people in England and Wales are more likely to be stopped and searched than their white counterparts. Whilst the head of Metropolitan Police, Cressida Dick, announced that stop and search powers reduced the murder rate by 25% in 2019[2], some communities would argue that stop and search powers have the consequence of allowing police officers to act on prejudicial fears and further perpetuate a negative and stereotypical image of black people as dangerous criminals.
Others would argue whether the use of stop and search is a deterrent for violent crime at all – from April 2017 to March 2018, only 2% of all stop and searches led to an arrest for possession of an offensive weapon and, out of the 277, 378 stop and search incidents in England and Wales from 2017-2018, weapons were only found in 2.8% of these searches[3].
Whilst the Home Secretary may argue that ‘just one knife seized during a stop and search could be one life saved’[4], it remains an undisputable fact that black citizens of the UK and Wales (especially black men) are unfairly discriminated against under these powers. As a result, it is essential that young men affected by this should learn their rights during stop and search so they can identify when an officer is acting unlawfully.
Your rights during a stop and account
A ‘stop and account’ occurs when a police officer stops you and asks you questions.
The key difference between a stop and search and a stop and account is that you can be detained during a stop and search, whereas you are free to leave at any point during a stop and account. When stopped and questioned by a police officer, always ask:
“Am I being detained?”
If the answer is no, the officer is conducting a stop and account and you are free to leave. You do not have to reveal personal information such as your name, where you’re going, your date of birth or your home address.
Your rights before a stop and search
The following laws enable police officers to carry out a stop and search:
Code A of the Police and Criminal Evidence Act 1984 (PACE Code A)[5] – this allows officers to search a person or vehicle for various illegal items (listed below) without first making an arrest and requires that an officer make a record of the stop
Section 23 of the Misuse of Drugs Act 1971[6] – allows officers to search you for illegal drugs in public places and on school premises
Section 60 of the Criminal Justice and Public Order Act 1994[7] – allows officers to search you for dangerous weapons in a defined area and during a specific time period when they believe that such action will prevent acts of violence
Sections 43[8] and 47A[9] of the Terrorism Act 2000 – gives officers the power to search you if they believe you have a connection with terrorism
A police officer is allowed to conduct a stop and search if they have ‘reasonable grounds’ to suspect you of carrying:
Illegal drugs
An item that could be used to commit a crime
A knife (unless it is necessary for work, carried for religious reasons or a folding knife with a maximum cutting edge of 7.60cm)
A gun
Stolen property
£1000 or more in cash gained through criminal activity
Fireworks that you intend to misuse
If you resist being searched, the police are able to use ‘reasonable force’ and you may be arrested.
You do not have to them personal information such as your name or home address.
Before conducting a search, a police officer is required to inform you of the following under section 3.8 Police and Criminal Evidence Act 1984[10]:
GOWISELY
Grounds – why you are being searched
Object – what the officer expects to find on you
Warrant/identity – the officer’s name. Unless in full uniform, an identity card is also required to be shown from an officer
Station – the name of their police station (saying ‘TSG2’ or ‘Tasking Unit’ is not enough)
Entitlement - you are legally entitled to receive a copy of a search record at the time of the search
Law – an explanation of the law under which the officer is acting
That you are being detained for the purposes of a search. If you are not told that you are being detained, you do not have to remain co-operative.
If the officer has reasonable grounds to believe that you are in possession of an illegal drug, then they are required to tell you which law they are searching you under and to provide reasons for their search. Their reason must give them ‘reasonable ground’ to be suspicious – a ‘smell of cannabis’ is not a reasonable ground under which it is permissible to conduct a stop and search.
Your rights during the search
You and other members of the public are allowed to film police throughout the search, although you must not slow down or stop the search. The officer will fill out a form detailing the reasons for the stop and search and will give you a copy.
A police officer of any sex can ask you to remove outer layers of clothing, such as a coat, jacket, or gloves. They are allowed to put their hands inside your shoes, socks, collars, or headwear if they believe that you are hiding an illegal object in these places. they can search your hair, but if it is covered for religious reasons, this search will need to be done out of public view.
An officer has the power to ask you to remove masks and face coverings where it is only worn for the sole purpose of concealing your identity. Failure to remove facial coverings in this case may result in arrest. If you are wearing a religious face covering, such as a hijab, niqab or burka, and an officer should not ask you to remove this in view of the public.
If an officer wants you to remove inner clothing layers beneath your jacket and gloves, they will need to be the same sex as you and conduct the search somewhere out of public view.
The police cannot take fingerprints or body samples (such as blood samples) unless you have been arrested and detained.
Your rights during a ‘section 60’ stop and search
A senior ranking officer is allowed to stop and search you under a ‘non reasonable suspicion’ if it is thought that:
You are carrying a weapon
You have used a weapon
Violence could take place
You are in a specific location
These searches are called ‘section 60 searches’ and are authorised under section 60 of the Criminal Justice and Public Order Act 1994. This power can only be applied to a specific area for a maximum of 48 hours.
If an officer is conducting a ‘section 60’ search on you, they should be able to justify their actions using Section 50 Police Reform Act 2002. Section 50 Police Reform Act 2002 gives officers the power to search you if they suspect you of behaving in an anti-social manner[11] (being likely to cause harassment, alarm, or distress). If an officer stops you because they believe you look like you are ‘going to’ behave anti-socially, this not a sufficient reason to search you.
Under Section 60 Criminal Justice and Public Order Act 1994, a senior officer is permitted to search for weapons and to request the removal of masks (under section 60AA Criminal Justice and Public Order Act 1994).
The senior officer may carry a stop and search form that they are filling out to trick you into giving out personal information, but you do not have to tell them your name or home address.
Your rights during a strip search
If an officer wants you to remove more than your outer layer of clothing, this is a strip search strip search can only take place within a police station or a designated area such as a police tent by an officer of the same sex. A strip search can only be authorised by a highly senior officer such as an Inspector.
This type of search is only permitted when it is necessary to confiscate an illegal item that may be concealed in your clothing, such as a class A drug.
If the police have lawful grounds for the search, you cannot refuse it and police may use reasonable force to encourage to comply. If you believed excessive force was used, you could make a complaint or begin civil proceedings for financial compensation. If you are under the age of 18, you need to be in the presence of an appropriate adult to be strip searched.
Your rights during an intimate search
This is when orifices (holes) other than the mouth are searched under the suspicion that you are carrying a dangerous weapon or have ingested an illegal drug. This type of search may only be conducted by a nurse or doctor in a hospital or surgery.
Your rights during a search as a trans person
Specific guidelines have been introduced to guide police officers on how to address trans people. If you are stopped and questioned, an officer should address you by the gender you present as or ask you which pronouns to use to address you.
An officer should not ask if you have a Gender Recognition Certificate.
If you are strip searched, the police should ask you what gender you consider yourself to be so you may be treated according to your preference. Failing to respect the confidentiality of the person being searched may be an offence under the Gender Recognition Act 2004.
Y-Stop is a stop and search project created by young people for young people. It is a collaboration between lawyers, young people, youth workers and media organisations to provide youths with the skills to respond appropriately to being stopped and searched and to provide tools for advice and the reporting of illegal behaviour from police.
It’s tips for dealing with a stop and search can be summarised with the helpful acronym SEARCH:
Stay Calm – remain calm and clear headed so you can think rationally
Eye Contact – maintain eye contact and be polite to police officers. Do not give them a reason to make negative presumptions about you
Ask Questions – make sure the police give you the information you are entitled to know e.g. their identity and what laws they are acting under
Receipt – ensure you are given a completed copy of the search report
Record – you are allowed to record police on your phone at any time
Confidence – do not be afraid to speak up if you notice the police acting illegally
Hold to Account – following the aforementioned steps can help the police to behave legally
[1] https://www.ethnicity-facts-figures.service.gov.uk/crime-justice-and-the-law/policing/stop-and-search/latest
[2] https://www.theguardian.com/law/2019/may/04/stop-and-search-new-row-racial-bias [3] https://www.theguardian.com/law/2019/aug/16/police-force-declines-new-powers-lowering-bar-for-stop-and-search [4] https://homeofficemedia.blog.gov.uk/2019/08/11/home-secretary-to-all-the-police-fighting-violent-crime-on-britians-streets-ive-got-your-back/ [5]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/384122/PaceCodeAWeb.pdf [6] http://www.legislation.gov.uk/ukpga/1971/38/section/23 [7] http://www.legislation.gov.uk/ukpga/1994/33/section/60 [8] http://www.legislation.gov.uk/ukpga/2000/11/section/43 [9] http://www.legislation.gov.uk/ukpga/2000/11/section/47A [10] http://www.legislation.gov.uk/ukpga/1984/60/section/3#reference-key-3111809fd7a8e61ca30622bd63c31d48 [11] http://www.legislation.gov.uk/ukpga/2002/30/section/50