Stop and Search
From Wikipedia, the free encyclopedia
Stop and Search is a police power in England and Wales, allowing police officers to search members of the public for weapons, drugs, stolen property, terrorism-related evidence or evidence of other crimes.
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[edit] Powers
Police have the legal right to stop or to stop and search people at any time so long as its use complies with statutory powers granted by Parliament. Under the law, Police Community Support Officers can also use Stop and Search, but only as part of anti-terrorism activities.
[edit] The law
Section 1 of the Police and Criminal Evidence Act 1984 is the most commonly used power and gives the police power to stop and search people and vehicles for stolen goods and offensive weapons on the basis of reasonable suspicion.
Section 60 of the Criminal Justice and Public Order Act 1994: gives police the right to search people in a specific 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. This law is used mainly to tackle football hooliganism and gang fights.
Section 44 of the Terrorism Act 2000: gives police the power to search people for equipment that could be used to commit a terrorist act. Police can search anybody anywhere under this law, and they do not need reasonable suspicion to do so. It is under this law that police conduct random searches in train and London Underground stations.
[edit] Police responsibilities
If an officer uses Stop and Search powers, they must advise:
- The law under which they are stopping or searching you
- Their name and police station
- What they are looking for
- The reason for the stop (unless it is a terrorist stop)
- They should also advise that the subject has the right to be given a record of the search.
- Advise the subject that they are detained for the duration of the stop
[edit] Rights of persons being searched
- It is not necessary to give an officer one's name and address in a Stop and Search. Declining to provide this information is not a valid reason for arrest.
- If a subject refuses to be stopped, the police can use reasonable force to both stop and detain, so they can conduct a search.
- If police are searching for drugs, weapons or stolen property, they must have a reason for suspicion (such as a general description, your behaviour, or other intelligence) before they can make a search. If the Stop and Search is terrorism-related, then this is exempted from that rule.
- The officers making the search must use the Stop and Search powers fairly, responsibly and with respect for people without discrimination.
- If English is not the first language of a subject, and they do not understand why they have been stopped, reasonable steps must be taken to provide information in the subject's first language.
- The officer must make sure that the search time is kept to a minimum.
- The search must take place near where you are stopped, except in instances where moving a subject would protect their privacy.
- The police do not have the power to stop someone to find grounds for a search.
[edit] The Stop and Search Form
Officers are obliged to provide a a form explaining the reason for the stop and giving contact information.
On occasions where officers are unable to provide the full form, for example if they receive a call they must urgently respond to, they are obliged to provide a receipt instead. This acts as a record of the stop, and a full form can be subsequently obtained from a police station anytime within the next twelve months by providing this receipt.
