Stop & Search Procedures
There is always an awful lot in the press about Police powers in relation to being able to “Stop and Search” people on the street. The Police would argue that such powers allow them to question those who they believe have committed or may be about to commit criminal activity. Critics of the process say that the Police abuse these powers and that their reasons from suspecting someone of a crime and carrying out a stop and search are often based on nothing more than the way someone looks.
If the Police subject you to a stop and search then the best guidance we could give is to co-operate as often a failure to do so will only make the situation worse. If you are stopped and searched however, it is important that you are aware of the correct procedure and that the police follow it properly.
A police officer or police community support officer has the right to ask you what you’re doing and why you’re in an area and where you might be going.
A police officer must show you their identity card. He can stop you whether or not he is in uniform.
A community support officer can only carry out a stop and search if he is in uniform.
You may be asked for your ethnicity.
On what grounds can you be stopped?
If the police have “reasonable grounds” to suspect that you are carrying drugs, a weapon, stolen property or something which can be used to commit a crime then they can carry out a stop and search.
If the police believe that serious violence could take place or you’re carrying a weapon or have used one then you can be stopped and searched without any reasonable grounds.
Search procedure:
The police officer must identify themselves and tell you their name and police station. They must tell you what they expect to find and the reason they want to search you. They must also explain why they are legally allowed to search you and that after the search you can have a record of it or give you details of how to obtain a copy later.
You can be asked to remove your jacket and gloves. They can ask you to remove anything worn for religious reasons. To do so they must take you somewhere private away from the public.
If you are asked to remove more than jacket and gloves then the police officer must be of the same sex as you. You may be taken to the police station for this search.
After the search:
If you are searched and not arrested then the officer should give you a record which states:
- What they were looking for and if anything was found
- Why you were searched
- The date, time and place of the search
- The identity of the officer carrying out the search
If they are unable to give you a proper record at the time then they should provide a “receipt” with details of how to obtain one.