Powers to Stop and Search (Code A)

The Police have these powers so that they can check their suspicions without arresting the person.

The Police have the power to stop and search a person only if they have reasonable grounds for suspecting that person of being in the possession of prohibited articles or drugs (on themselves or in their vehicle). Prohibited articles include offensive weapons (this includes knives and other sharp objects), articles for use in burglary, theft or criminal damage.

To protect the public, and prevent the Police from just searching anyone, at anytime, for no reason; the Police officer must give his name, station and reason for the search. If they do not release any of these details, it would be an unlawful search. In the case of Osman v DPP (1999), the police did not give their name or station, so the Queen’s Bench Divisional Court did not find Mr Osman guilty of assaulting the Police on duty because the search was unlawful.

If the search in public, the police can only ask the suspect to remove their outer coat, jacket and gloves. It is a public place if you do not live at that address, so a public place could be a street, car park, or even a garden, if you don’t live there. If a more through search needs to be made, like asking you to remove your shoes or T-Shirt, it must be done out of public view (it can be done in a police van). A written report must be made for all searches.

The Code emphasises that this power must not be used with unlawful discrimination and the power must be used fairly and responsibly. It also mentions that there must be impartial reason for the search and not because of their race, age, or appearance. A suspect can only be stopped on appearance if they are part of a gang that has a distinctive way of showing that they are part of that gang and the police know this from a reliable source.

The police can also stop and search people under the Misuse of Drugs Act 1971 and Terrorism Act 2000. The Terrorism Act 2000 allows the police to ask suspects to remove their headgear and shoes. The Criminal Justice and Public Order Act 1994 allows the police to stop and search in anticipation of violence but this can only be authorised by a senior officer and only for a period of 24 hours. During this period, the police do not need to have reasonable suspicion of the people they stop.

The Criminal Justice and Public Order Act 1994 allows the police to ask a person to remove anything which they may be using to conceal their identity, like a scarf or anything covering the face.