Stop and Search Rights UK

Section 1 PACE 1984 — A constable may search a person or vehicle in a public place if they have reasonable grounds to suspect that stolen or prohibited articles will be found. Prohibited articles include offensive weapons and articles made or adapted for use in burglary, theft, taking vehicles, or obtaining property by deception. The officer must have reasonable grounds for the suspicion — a general suspicion based on appearance, location, or previous encounters is not sufficient.

Section 60 Criminal Justice and Public Order Act 1994 — Authorises a constable to search any person or vehicle in a defined area without the need for reasonable suspicion, where a senior officer has given an authorisation in writing. Section 60 authorisations are used in areas where serious violence is anticipated. They do not require any grounds relating to the specific person being searched.

Section 44 Terrorism Act 2000 (now repealed) / section 47A Terrorism Act 2000 — Stop and search powers in the context of terrorism. Section 44 was repealed following the European Court of Human Rights finding that it was incompatible with Article 8 of the ECHR. The current power under section 47A requires the senior officer authorising it to have reasonable grounds to believe that an act of terrorism will take place.

Drug searches under section 23 Misuse of Drugs Act 1971 — A constable may search a person reasonably suspected of being in possession of a controlled drug.

Before or during a search under section 1 PACE, the officer must give you their name and police station, the legal power under which they are searching you, the grounds for the search, what they are looking for, and your entitlement to a copy of the record of the search. These requirements are set out in Code A of the PACE Codes of Practice.

You do not have to answer any questions. You are not required to give your name or address (unless you are being detained under a power that requires you to do so). You are not required to give a password or PIN for your phone during a stop and search. You may not be required to remove clothing in public other than an outer coat, jacket, and gloves. A more thorough search must take place out of public view.

You have the right to request a written record of the search. If the officer does not give you a record at the time, you can request one within 12 months.

If you are stopped and searched, try to remain calm. You are not required to answer questions. You can ask the officer to identify themselves, explain the legal power they are using, and state their grounds. If you believe the search is unlawful, you should not physically resist — the appropriate remedy is to make a complaint or challenge it in court. If you resist a lawful search, you may be committing an offence of obstruction.

If items are found that lead to arrest, you are entitled to free legal advice at the police station. Call David Roy immediately.