The information is intended to help you understand stop & search powers. It is only a guide for your information and is NOT intended to cover all aspects of law within this area. 

What is this?

A ‘stop’ is a police/public encounter when an officer requests a person in a punlic place to account for themselves, i.e., their actions, behaviour, presence in an area or the possession of anything.  

An officer who carried out a stop (or stop/search) must complete a form at the time, unless exceptional circumstances make it wholly impractical. 

This requirement does not apply to general conversations such as giving directions, seeking witnesses or seeking general information. 

Can a police officer stop me?

Yes, the police can speak to, or question you, or any other person during the course of their duties. They do not suspect you of having committed any offence.  

What do the reason codes mean?

A – To enforce suspected traffic violation

B – To check personal details/documents

C – To check if wanted on a warrant/bail conditions

D – To investigate suspected crime/disorder/ anti-social behaviour

E – To follow up call for service/information received

F – To follow up intelligence report

G – To check on welfare

H – Part of a pre-planned operation

I – Other 

What do the outcome codes mean?

A – No further action

B – Advised

C – Verbally warned

D – Arrested

E – Other 

Why carry out stop & searches?

One of the main roles of the police is to reduce crime, injury and disorder. The power to stop & search helps the police protect local people by preventing and detecting offences. It helps make our communities a safer place to live. 

Police officers are required to use powers of stop & search fairly and without prejudice. They are also required to be as considerate and courteous as possible whilst maintaining their own, and the publics’ safety. 

Stop & search powers allow the police to search you, the car you are in or any of the items you are carrying. They also allow police officers to search unattended vehicles.  

When using these powers police officers can use reasonable force to detain and search you but they are only allowed to use force if you have been given the opportunity to co-operate, where appropriate, and refused.  

What obligations are on the officer?

Before using any search powers the officer must take reasonable steps to give you the following information:

• His/her name (except for terrorism searches) and the police station he/she is based.
• The object of the search, what he/she is looking for
• The grounds or authorisation for the search, why you are being searched
• Your entitlement to a full copy of the search record now or within the next 12-months
• If not in uniform they must show you their warrant card
• In a public place you do not have to remove anymore than your coat, jacket or gloves
• If required to remove your shoes, socks, t-shirt, or headgear, you will be taken somewhere more private such as a police van or police station
• If required to remove more than this, you must be taken to a police station or a private place. In this case the officer must be of the same sex 

When can an officer carry out a search?

There are a number of searches a requiring reasonable suspicion and these include:

Section 12 Police & Criminal Evidence Act

Section 23 Misuse of the Drugs Act 1971

Section 47 of the Firearms Act 1968 

The police have the power to detain you and/or your vehicle, for the purposes of a search if they have reasonable grounds to suspect that you have with you:

• Stolen property
• A knife, pointed or bladed article, or any other offensive weapon
• Controlled drugs
• A firearm
• Articles that can be used for burglary, theft or deception
• Articles made or adapted for use or connection with criminal damage 

Before detaining you for the purpose of a search for the above items the police must have reasonable grounds for suspecting that the item will be found. They cannot detain you for the purpose of a search on personal factors alone. 

That is to say that the police cannot stop & search you just because of your age, from a minority group, dressed in a particular way (unless you fit the description of someone the police are seeking in connection with a particular crime or a member of a known gang who carry weapons). 

Can they also search my vehicle?

Your vehicle may also be searched under these powers even when it is unattended. If so, a notice must be left in or on it by the searching officers stating that they have searched it and the name of the police station. If your car is damaged during the search you may be entitled to compensation. However if the officers find evidence of an offence, you may not.  

Can I obtain a copy of the search notice?

You can apply for a copy of the search record, you must apply within 12-months of the stop. 

Which laws enable for a stop and search to take place? 

Stop & search under terrorism powers or if violence is anticipated 

Section 60 Criminal Justice & Public Order Act 1994

The police also have powers to detain you and/or you vehicle (if it is with you) and to search for offensive weapons and dangerous instruments if it is believed that incidents of serious violence may soon take place in the locality, or that persons are carrying dangerous instruments or offensive weapons in the locality. A senior officer must give written authority, which will be held at a local police station.  

Section 43 & 44, Terrorism Act 2000

There are also powers to stop and search vehicles and their occupants, and pedestrians, (s44) in an area, by a police officer in uniform, if a senior police officer authorises it, to prevent acts of terrorism.  

In addition, a police officer may stop and search a person, whom they reasonably suspect of being a terrorist, to discover whether that person has in their possession anything that might constitute evidence that the person is a terrorist (s43). 

Stopping a motor vehicle on a road 

Section 163 Road Traffic Act 1988

A police officer in uniform can also stop and examine any vehicle and speak to the driver. They do not need to suspect you of having committed any offence. The can also require you to produce your driving documents for the vehicle at a police station if you are not able to show them at the time.  

The power to stop and examine a motor vehicle does not give a right to search. If the police want to search your vehicle without your consent they have to do so under a specific search power. 

How do I know which act they have used

The officer will have offered you a copy of the form at the time, all the details of the search or stop will be listed on it. 

Complaints

If you think you have been treated unfairly, you can always complain by contacting: your local police officer, your local police authority: the Racial Equality Council; the Citizens Advice Bureau, or a solicitor.  

The telephone numbers can be found in your local telephone directories. 

Public feedback

The Police Authority welcomes feedback from person’s stopped/search and you can do this online via the Lancashire Constabulary or the Lancashire Police Authority websites or using the link www.lancspa.gov.uk/stops/form.htm