Section 60 Notices: Emergency Stop-and-Search Powers Explained.

Section 60 of the Criminal Justice and Public Order Act 1994 allows police to stop and search individuals without reasonable suspicion—but only under strict conditions.

Section 60 Stop and Search Powers

Section 60 of the Criminal Justice and Public Order Act 1994 allows police officers to stop and search people or vehicles in a specified area for a limited time without needing reasonable suspicion against each person. It is sometimes described as a "no suspicion" stop-and-search power.

When Can Section 60 Be Used?

Section 60 is intended for situations involving serious violence or the risk of serious violence. It may be used where a senior officer reasonably believes that serious violence may take place or that serious violence has taken place. Weapons may be present, or people may be carrying dangerous instruments or offensive weapons in a particular area.

The authorisation must identify the area covered, the reasons for using the power and the period during which the power will apply. It is designed to be temporary and targeted, not a general power to search anyone anywhere at any time.

How Long Can a Section 60 Authorisation Last?

A Section 60 authorisation can be given by an officer of the rank of inspector or above. The initial authorisation must last no longer than appears reasonably necessary and cannot exceed 24 hours.

An officer of or above the rank of superintendent may extend the authorisation for a further 24 hours where the legal test is met and continued use of the power is considered necessary. This means the maximum period can be up to 48 hours if properly extended.

What Can Police Search For?

Under Section 60, police may search for dangerous instruments and offensive weapons. This can include knives, other bladed articles, weapons or items being carried for use in violence.

The power can apply to people, vehicles and items being carried. However, the search must remain connected to the purpose of the authorisation. Section 60 should not be used as a general search power for unrelated matters.

Do Police Need Reasonable Suspicion?

Unlike most stop and search powers, Section 60 does not require the officer to have reasonable grounds to suspect that the person being searched is carrying a weapon. The legal basis comes from the authorisation that covers the area and period.

However, this does not mean the power can be used arbitrarily. Officers should still act fairly, proportionately and in accordance with the reason the Section 60 authorisation was granted.

What Should Officers Tell You?

If you are stopped and searched, the officer should normally explain the legal power being used, the purpose of the search, the fact that a Section 60 authorisation is in place, and the area and object of the search. Officers should also identify themselves, state their police station, and explain how to obtain a record of the search.

Being searched under Section 60 does not mean you have been arrested. However, you can be detained for the search, and officers may seize weapons or other items found during the search where they have lawful grounds to do so.

Section 60AA and Face Coverings

Section 60 is sometimes used alongside Section 60AA of the Criminal Justice and Public Order Act 1994. Section 60AA can allow police to require the removal of face coverings or disguises where an authorisation is in place and the legal conditions are met.

This is a separate but related power. The police should explain which power they are using and why it applies.

Why Section 60 Is Controversial

Section 60 is controversial because it allows suspicionless searches. Supporters argue that it can help prevent serious violence, remove weapons from the streets and respond quickly to intelligence about disorder or knife crime.

Critics argue that the power can be overused, damage trust in policing and disproportionately affect certain communities. Home Office statistics continue to show ethnic disparity in stop and search more broadly, with Black people searched at a higher rate than White people in England and Wales.

Current Use of Section 60

Use of Section 60 varies significantly between police forces and from year to year. It is often linked to specific incidents, intelligence about violence, public disorder, knife crime or major events.

Recent Home Office data shows that Section 60 searches remain a small proportion of overall stop and search activity. Still, their use can increase sharply in particular areas following serious incidents or public disorder.

Your Rights During a Section 60 Search

You should remain calm and ask which legal power is being used. You can ask for the officer's name or identification number, police station, the reason for the search, the area covered by the authorisation and how to get a copy of the search record.

You do not normally have to give your name or address simply because you are being searched under Section 60, unless another legal power applies or you are arrested. If force is used, property is damaged, or you believe the search was unlawful or discriminatory, you should keep a record of what happened and seek legal advice.

When Legal Advice May Be Needed

Legal advice may be important if you were arrested after a Section 60 search, if police seized property, if you believe the search was unlawful, if you were injured, or if you want to make a complaint about police conduct.

A criminal defence solicitor can advise on the legality of the search, any evidence obtained, potential criminal proceedings and whether there may be grounds for a complaint or civil claim.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Criminal law, policing powers and procedure can change, and how the law applies will depend on the facts of each case.

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