What is stop & search?
The police have the legal right to stop members of the public and search them for a variety of reasons and using a number of powers, including:
Section 60 Criminal Justice and Public Order Act 1994, gives police the right to search people in a defined 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; or that an incident involving serious violence has taken place and a dangerous instrument or offensive weapon used in the incident is being carried in the locality.
The use of these powers allows the police to tackle crime and anti-social behaviour, and to prevent more serious crimes occurring. Stop & search usually happens in public places – in the area of football matches, for example, or in neighbourhoods that have been experiencing problems with crime or vandalism.
Who can stop & search, where and why?
You can be stopped by a police officer or a police community support officer (PCSO). The PCSO must be in uniform; a police officer does not have to be in uniform but if they are not wearing uniform they must show you their warrant card. Only a police officer can go on to search you, your clothes and anything you are carrying.
You may be stopped because the officer may have grounds to suspect that you are carrying:
- drugs, weapons or stolen property
- items that could be used to commit crime or cause criminal damage.
They can also stop and search you
- if there has been serious violence and disorder in the vicinity
- if they are looking for a suspect who fits your description
- as part of anti-terrorism efforts.
The grounds the police officer must have should be based on facts, information or intelligence or could be because of the way you are behaving. There are times, however, when police officers can search anyone within a certain area, for example where there is evidence that serious violence has or may take place.
You should not be stopped and searched just because of your age, race, ethnic background, nationality, faith, the language you speak or because you have committed a crime in the past.
You can be searched in a public place or anywhere if the police believe you have committed a crime. If you are in a public place, you only have to take off your coat or jacket and gloves, unless you have been stopped in relation to terrorism or where the officer believes you are using clothes to hide your identity. If the officer asks you to take off more than this or anything you wear for religious reasons, they must take you somewhere out of public view. In this case, the police officer who searches you must be the same sex as you.
How should I react?
Apart from the inconvenience, people may feel irritated that they have been stopped when they haven’t done anything wrong – that’s completely understandable. Don’t forget that the stop and search must be carried out according to strict rules – officers have responsibility to ensure that people’s rights are protected. Everyone should expect to be treated fairly and responsible.
Everyone has a civic duty to help police officers prevent crime and catch offenders. Although it’s up to you whether you provide your name and address, the stop and search will be much quicker if a person co-operates with police officers. You can help this process by being patient and remaining calm. Officers are aware that being searched is an inconvenience, and that you are probably in a hurry. They should make the search as brief as possible, but in the interest of public safety they must also be thorough.
- Remember, you are not under arrest.
- Don’t refuse to be stopped and searched – the process is not voluntary, the law gives police the authority to stop and search. If you refuse, you can be searched by force.
- Try to stay calm and don’t be afraid to speak to the officer if you think your rights are being infringed.
What can I expect?
The officer searching you must be polite and respectful at all times; and all stops and searches must be carried out with courtesy and consideration and should be handled quickly and professionally.
The officers who stop and search you must provide you with certain information, including:
- their name and the station where they work
- 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 will ask for your name and address and date of birth. You don’t have to give this information if you don’t want to, unless you are being reported for an offence.
You will also be asked to define your ethnic background, as the officer is required to record this on the form. This will help community representatives make sure the police are using their powers fairly and properly. However, you don’t have to disclose your ethnicity if you don’t want to.
You should receive a written record of the search at the time of the event; however, because of operational demands, you may be told where to collect the record later. If you want to complain about being searched or the way it was carried out, this record will help identify the circumstances. Police may also use the record at a later date to contact you about anything that may have happened in that area around the time you were stopped.
The record must contain the following information:
- the officer details
- date, time and place of the search
- the reason for the search
- the outcome of the search
- your self-defined ethnicity
- the vehicle registration number (if relevant)
- what the officers were looking for and anything they found
- your name or a description if you refuse to give your name.
Is this a police record?
No, it isn’t. The fact that you were stopped and searched doesn’t mean that you are under arrest or have done anything wrong. Although the officer is legally required to complete a form, this doesn’t amount to you having a police record.
If you have any questions around stop & search, please email street.encounters@hampshire.pnn.police.uk.
Our stop & search recors are routinely dip-sampled by members of our Independent Advisory Groups. The latest dip-sampling records will be available soon.
