Legal Advice - Stop Search Policy

Why do the police stop and search people?
The police can stop and search people to detect certain types of crime to help make our communities safer. The successful use of stop and search means there are fewer victims of crime and more crimes are detected.

You will NOT be stopped and searched just because of your age, colour, hairstyle, the way you dress, etc.

Why would an officer carry out a ‘stop and search’?
If you are stopped by the police it does not necessarily mean you are doing anything wrong. You may fit the description of someone the officers are seeking in connection with a crime or they may suspect you of carrying stolen goods, drugs or something you could use to commit a crime or that could be used as a weapon.

How will they search me?
Before an officer searches he/she must tell you:

their name
which police station they work at
what made them suspicious in the first place
the aim of the search
what they expect to find
If the officer is not in uniform he/she must show you their identity card.

If you are stopped and searched the officers will try to be sensitive, discreet and quick – they will do their best not to embarrass or delay your unnecessarily.

If you are in a public place, the officer can only ask you to take off your coat or jacket or gloves.

If the officer asks you to take off more than that, eg, your shoes or a face scarf, you will be taken somewhere private, such as a police station. This does not mean you have been arrested. In this case, the officer searching you must be the same sex as you.

What will happen next?
If you are searched, the officer must write down on a form:

your name or your description
why you were searched
when and where you were searched
what the officer was looking for and whether anything was found
the name and number of the officer who searched you
The police do not have to make a record if they just stop you but don’t search you.

Do I have to give officers my name and address?

If you are stopped the officers will ask you some simple questions such as your name, where you live and where you are going.

Unless they are reporting you for a suspected crime, you don’t have to give them these details, but it makes sense to co-operate. If you are innocent you have nothing to fear.

If you are being reported for an offence, you do have to provide these details and may be arrested if you refuse to give your details.

Will the officer give me a copy of what they have written down?
Yes. The officer will write down what happens on a form and hand you a copy to keep. If you are not prepared to wait for the form, you can obtain a copy from the police station any time within 12 months.

If your car is searched when you are not there, the officers will leave a notice explaining what has happened.

Where can officers carry out a stop and search?
The police can usually only stop and search you in a public place. But if they suspect you have committed a serious crime, they can search you anywhere.

If the police think there may be serious violence in an area at a certain time, they can search for knives or other weapons. In this case, they could search everyone at a school or going to a football match without needing a good reason for each individual person.

Can the police stop and search my car when I am driving?
If you are driving, a police officer can stop you at any time if they suspect the driver/and or occupants of the vehicle have committed a crime or may be about to do so.

Under the Road Traffic Act, an officer may stop any vehicle being driven on the road. You may be asked to produce documents, such as a driving licence, MOT or insurance details or the officer may examine the vehicle to make sure it is roadworthy.

What if the police cause damage getting into my vehicle?
If officers believe your vehicle may be carrying stolen drugs, drugs or something which could be used to commit crime, your car may be searched even if you are not present.

If the search causes damage, you can ask the police to pay compensation. However, they will only pay this if they did not find anything to connect you to a crime.

What can I do if I am not happy and wish to complain?
The police must treat you fairly, politely and with respect. If you are unhappy with the way you have been treated, please try to stay calm. If you wish to complain about your treatment you can contact your local police station.

Alternatively you can seek advice from your local police authority, a Citizen’s Advice Bureau, the Commission for Racial Equality or a solicitor.