Stop and Search Laws.

Police Stop and Search Powers

Police officers have legal powers to stop and search people and vehicles in certain circumstances. These powers are intended to help prevent and detect crime without requiring the police to arrest everyone they suspect. Being stopped and searched does not mean that you have been arrested or that you have committed an offence. However, once a lawful search begins, you must normally remain while it is carried out. This guide explains the general rules in England and Wales. Different rules apply in Scotland and Northern Ireland.

Being Stopped and Questioned

A police officer can stop and speak to you in a public place. They may ask:

• Your name;
• Where you are going;
• What you are doing in the area; or
• Why you are carrying a particular item.

In many circumstances, you do not have to answer these questions or provide your name and address merely because an officer has approached you. Refusing to answer does not, by itself, provide reasonable grounds for a search or arrest. However, there are situations in which legislation requires particular information to be provided, including some road traffic, anti-social behaviour and criminal investigation circumstances. Ask the Officer whether you are being detained or are free to leave.

When Can the Police Search You?

Under commonly used stop and search powers, an officer must have reasonable grounds to suspect that they will find a particular prohibited item. This may include:

• Illegal drugs;
• A knife or other offensive weapon;
• Stolen property;
• Articles intended for burglary, theft, fraud or criminal damage;
• Certain fireworks;
• Items connected with specified protest-related offences; or
• Other items covered by a specific statutory power.

The legal power used will determine what the Officer is entitled to search for. An officer cannot conduct a general search to determine whether anything unlawful is present.

What Are Reasonable Grounds?

Reasonable grounds require more than a hunch or general impression. The Officer must:

• Genuinely suspect that the relevant item will be found; and
• Have objective information or circumstances that would also cause a reasonable person to suspect it.

Possible grounds may include:

• A reliable description of a suspect;
• Information about an offence that has just occurred;
• The Officer seeing an object or behaviour linked to a particular offence;
• Relevant intelligence concerning a location, person or vehicle; or
• A combination of specific circumstances.

The Officer should be able to explain the facts that created the suspicion and what they expect to find. Reasonable suspicion cannot be based solely on:

• Race, ethnicity, nationality or religion;
• Age or appearance;
• Previous convictions;
• The fact that a person is known to the police;
• Being in a high-crime area;
• Nervousness; or
• Refusing to answer voluntary questions.

These matters may sometimes form part of a wider set of circumstances. Still, they are not normally sufficient on their own.

Searches Without Individual Reasonable Suspicion

In limited circumstances, a police officer may search a person without having reasonable grounds to suspect that particular individual.

Section 60 Searches

A senior officer can authorise searches within a defined area for a limited period under section 60 of the Criminal Justice and Public Order Act 1994. An authorisation may be made where the legal conditions concerning serious violence or weapons are met. Once a valid authorisation is in force, officers may search people and vehicles in the specified area for offensive weapons or dangerous instruments without individual reasonable suspicion. The Officer should explain that a section 60 authorisation is in force and identify the area and purpose of the search.

Terrorism Powers

Separate powers may permit searches connected with terrorism. Some require reasonable suspicion, while specifically authorised searches in defined places may not require it. The Officer should identify the legal power being used.

Protest-Related Searches

The Public Order Act 2023 introduced additional stop and search powers relating to specified protest offences and objects that may be used in connection with them. Some searches require reasonable suspicion. Others can be carried out without individual suspicion where an appropriate authorisation is in force.

What Must the Officer Tell You?

Before searching, the Officer should provide certain information, commonly remembered using the acronym GOWISELY. The Officer should explain:

• Grounds: the reason for suspecting that the item will be found, unless individual grounds are not legally required;
• Object: what the Officer is searching for;
• Warrant card: shown if the Officer is not in uniform;
• Identity: the Officer's name or identifying number;
• Station: the police station to which the Officer is attached;
• Entitlement: your right to obtain a copy of the search record;
• Legal power: the law authorising the search; and
• You are detained: that you are being detained for the search.

In exceptional operational circumstances, an officer may withhold their name but should still provide an identifying number.

Does the Officer Have to Be in Uniform?

A police officer does not always have to be in uniform to conduct a suspicion-based stop and search. An officer who is not in uniform must show their warrant card before searching you. Some powers, including certain vehicle and suspicionless search powers, have additional uniform requirements.

Can You Refuse to Be Searched?

You cannot lawfully refuse a search where the Officer has a valid legal power and has detained you for that purpose. The Officer may use reasonable force if necessary to search. Any force used must be proportionate to the circumstances. You can calmly state that you do not consent to the search. This makes it clear that the Officer is relying on a statutory power rather than your voluntary agreement, but it does not prevent a lawful search. Do not physically resist. You can challenge the legality of the search afterwards through a complaint or legal proceedings.

What Clothing Can Be Removed in Public?

During a routine search in public, an officer may normally require the removal of:

• An outer coat;
• A jacket; and
• Gloves.

An officer may also search your hair and require the removal of headwear or footwear where relevant to the object of the search. A search involving the removal of more than outer clothing must normally take place away from public view. It must be conducted by an officer of the same sex, subject to the applicable legal rules and safeguards. Where religious headwear is removed, this should normally be done in private and with appropriate sensitivity.

More Thorough Searches

A stop and search on the street is different from an intimate search or strip search in police detention. A search requiring the removal of clothing beyond a coat, jacket, or gloves is sometimes described as a more thorough search in which intimate parts are exposed. Additional safeguards apply, particularly where the person is a child. Such a search should be necessary, justified by the object being sought and carried out in a suitable private place. A child should generally have an appropriate adult present unless urgent circumstances make this impracticable, the child specifically requests otherwise, and the legal requirements are met.

Searching Children and Young People

Children can be stopped and searched under the same statutory powers as adults. Officers must take account of:

• The child's age and understanding;
• Safeguarding concerns;
• The effect of the encounter;
• Whether a parent or appropriate adult should be involved; and
• The additional safeguards applying to searches involving greater removal of clothing.

A routine street search does not automatically require a parent or appropriate adult to be present. More intrusive searches are subject to stricter requirements.

Can the Police Search Your Vehicle?

Police may stop and search a vehicle under several statutory powers. A search may cover:

• The driver and passengers;
• The passenger compartment;
• The boot;
• Containers within the vehicle; and
• Items being carried on or attached to it.

The extent of the search must be connected to the item being sought. For example, a search for a large stolen item would not justify examining a container too small to hold it. Separate from stop and search powers, a uniformed police officer can require a driver to stop a vehicle under road traffic law.

Do You Have to Give Your Name and Address?

A person who is merely stopped and searched is not generally required to give their name, address or date of birth. There are exceptions. The police may have a separate legal power to require details where, for example:

• You are suspected of certain offences;
• A fixed penalty or other formal process is being considered;
• You are driving a vehicle;
• An anti-social behaviour power applies; or
• The Officer has grounds to arrest and needs your details to deal with the matter without arrest.

Ask the Officer to explain the legal basis if you are told that you must provide information.

Will the Search Be Recorded?

The police should make a record of the stop and search. The record will normally include:

• The date, time and location;
• The legal power used;
• The object of the search;
• The grounds for the search where required;
• The outcome;
• Whether anything was found;
• Whether an arrest or other action followed; and
• Your self-defined ethnicity if you choose to provide it.

You are entitled to a copy of the record. It may be provided at the time, electronically or by applying to the relevant police force within the permitted period. You do not have to give your name merely to obtain a search receipt or record.

Does a Search Create a Criminal Record?

Being stopped and searched does not itself create a criminal conviction or caution. The police will retain a record of the encounter for accountability and intelligence purposes. The search may also be recorded on a body-worn camera. A search record is different from a criminal record, although information from an encounter may be retained and used in accordance with policing and data-protection rules.

What Happens If Something Is Found?

If the Officer finds an unlawful item or evidence of an offence, they may:

• Seize the item;
• Arrest you;
• Issue a penalty or other disposal where legally available;
• Ask further questions; or
• Take no immediate action while carrying out further enquiries.

The fact that nothing is found does not automatically mean the search was unlawful. The relevant question is whether the Officer had lawful grounds and followed the proper procedure at the time.

Being Arrested After a Search

A stop and search does not automatically give the police the power to arrest. An officer normally needs reasonable grounds to suspect that you are involved in an offence and must also consider arrest necessary for a statutory reason. If arrested, you should be told:

• That you are under arrest;
• The offence for which you are being arrested;
• Why the arrest is necessary; and
• The police caution.

You have the right to free and independent legal advice at the police station.

Recording the Encounter

You are generally permitted to film or record police officers carrying out their duties in a public place, provided you do not obstruct them or interfere with the search. The police should not seize a phone merely because you are recording. A separate legal power would be required to seize or search the device. Remain calm and avoid moving in a way that could reasonably be interpreted as reaching for a weapon or interfering with the Officer.

What to Do During a Stop and Search

You may wish to:

• Stay calm and avoid physical resistance;
• Ask whether you are detained and under which legal power;
• Ask what the officer is searching for;
• Listen to the grounds given;
• Note the officer’s name, number and police station;
• Ask for a copy of the search record;
• Record the encounter if it is safe to do so; and
• Write down what happened as soon as possible afterwards.

You can state that you do not consent while still cooperating with the search.

Complaining About a Stop and Search

You may complain if you believe:

• There were no lawful grounds;
• The Officer did not explain the power or purpose;
• The search was discriminatory;
• Excessive force was used;
• The search was carried out in an inappropriate or humiliating manner;
• Property was damaged or unlawfully seized;
• The record is inaccurate; or
• The Officer behaved unprofessionally.

A complaint can be made directly to the relevant police force. Complaints may also be submitted through the Independent Office for Police Conduct, which will normally pass the complaint to the force initially unless the case requires independent involvement. Keep:

• The search record;
• Video footage;
• Photographs of any injuries or damage;
• Names and contact details of witnesses;
• Medical evidence; and
• A written account made while events are fresh.

Can You Bring a Legal Claim?

An unlawful or improperly conducted search may potentially lead to:

• A police complaint;
• A civil claim for damages;
• A claim under the Human Rights Act;
• A discrimination claim;
• A challenge to the use of evidence in criminal proceedings; or
• Judicial review in an appropriate case.

Strict time limits apply and vary according to the type of claim. Obtain specialist legal advice promptly if the incident involved arrest, injury, discrimination, an intrusive search or significant loss.

Finding a Solicitor

A solicitor specialising in criminal defence, civil liberties, actions against the police or discrimination law can advise on the legality of a stop and search. When contacting a solicitor, provide:

• The date, time and location;
• The Officer's identifying details;
• The legal power and grounds given;
• The search record;
• Details of any arrest, force or injury;
• Video or witness evidence; and
• Copies of any complaint already made.

To find a Criminal Law or Civil Liberties Solicitor, use the search facility at the top of this page.