This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how police conduct stop and search in England and Wales under the law: when officers can use stop and search powers, how the procedure works, what information must be given, your rights during the encounter, and practical guidance on records and complaints. Accessible legal guide for the public and professionals.
Police stop and search powers allow officers to briefly detain and examine a person, vehicle or belongings without arrest, to determine whether they are carrying prohibited or evidence‑bearing items. These powers are a significant part of policing, balancing crime prevention with civil liberties and governed by detailed statutory frameworks and procedural codes. This guide explains how stop and search is lawfully conducted, what legal authority police must rely on, how the procedure works in practice, what rights individuals have, and how encounters should be managed. It draws on up‑to‑date legislation and official guidance applicable in England and Wales.
Legal Framework for Stop and Search
Statutory Powers
Police officers must have a specific legal power before they stop and search someone. The most commonly used statutory basis is found in section 1 of the Police and Criminal Evidence Act 1984 (PACE), which authorises a search where an officer has reasonable grounds to suspect that the person is carrying stolen or prohibited articles or other items connected with certain offences.
Other legislative provisions also confer stop and search powers:
- Section 23 of the Misuse of Drugs Act 1971 – for controlled drugs where reasonable suspicion exists.
- Section 60 of the Criminal Justice and Public Order Act 1994 – allows searches without individual reasonable suspicion when senior officers reasonably believe serious violence may occur or weapons may be carried in a locality.
- Section 11 of the Public Order Act 2023 – permits searches without suspicion in designated areas where specified protest‑related offences are reasonably thought likely.
- Terrorism legislation provides separate stop and search powers with specific safeguards.
Each power has its own conditions and limits. Officers must be sure they are using the correct authority before acting.
When Can Police Stop and Search You?
Reasonable Grounds for Suspicion
In most cases, stop and search requires reasonable grounds for suspicion. An officer must first form a genuine belief, based on objective factors such as observed behaviour, information or intelligence, that the person is carrying prohibited or relevant items. This belief must be articulable and not based on generalisations or assumptions.
The purpose of stop and search under PACE and similar powers is to allay or confirm those suspicions without making an arrest. Officers must be able to justify the decision to use the power, both to the person searched and if required, to supervisors or in court.
Searches Without Individual Suspicion
In limited circumstances, police may search without individual reasonable grounds:
- Section 60 powers allow stops and searches across a defined area when serious violence is feared or when it is expedient to find dangerous weapons. A senior officer must authorise these powers and they are time‑limited.
- Public Order Act powers give similar locality‑based authority in specific protest contexts. Officers should explain the basis for such a search to those stopped.
These situational powers are used far less frequently than reasonable‑grounds searches but remain important tools in specific public safety contexts.
How a Stop and Search Encounter Works
Initial Contact
A lawful stop must be based on a recognised statutory power. Prior to conducting a search, the officer should:
- Identify themselves and provide name and police station.
- Explain the legal basis for the stop and search (for example, “I am stopping you under section 1 of PACE…”).
- State the grounds for the search or, where applicable, the authorisation basis such as a section 60 order.
- Describe what they are looking for.
This information forms part of the required communication under professional and legal standards designed to protect the individual's rights and maintain transparency.
Detention and Length of Search
A stop and search must be brief and proportionate. Detention for the purpose of the search should take place at or near the location of the stop and last only as long as necessary to conduct the search. Unreasonable delay or undue detention could render a search unlawful.
Officers should conduct the interaction with courtesy and respect, and make reasonable efforts to minimise any embarrassment or discomfort experienced by the person being searched.
Physical Search
Depending on the power used, officers may examine:
- Outer clothing.
- Personal possessions such as bags.
- Anything in the immediate control of the person.
More intrusive searches (for example, removal of items beyond outer clothing) have additional safeguards and limitations, especially for children and those legally defined as vulnerable.
Use of Force
Police may use reasonable force only if necessary, for example where someone resists a lawful search. Reasonable force is governed by separate legal standards and must always be proportionate to the circumstance.
Rights and Protections During Stop and Search
Legal Safeguards
Individuals have rights during a stop and search:
- You are entitled to an explanation of why the stop and search is taking place and under which law.
- Officers must use the powers without unlawful discrimination. They must not stop or treat you unfavourably because of protected characteristics such as race, religion, age or gender.
- The search should be as brief and non‑intrusive as possible.
If English is not your first language, officers should take reasonable steps to ensure you understand the process, for example by using an interpreter.
Stop and Search Record
After the encounter, the police should provide a record of the search. This typically includes details of the power used, grounds for the search and information about how to obtain a copy of the record later, which may be helpful if you decide to make a complaint or challenge the lawfulness of the search.
Complaints and Legal Redress
If you consider a stop and search was conducted unlawfully, you can make a formal complaint to the police force and, if necessary, pursue independent legal remedies. Evidence such as body‑worn video footage, witness details or the search record may support complaints or civil claims.
Common Questions About Police Stop and Search
Can You Be Arrested After a Search?
A stop and search does not automatically mean you are under arrest. If, during or after the search, officers form reasonable grounds to suspect you have committed an offence, they may arrest you under separate legal powers.
Do Officers Need to Provide a Reason?
Yes. Officers should explain the grounds for the search before it begins, not just name the relevant legislation. Lack of explanation may raise questions about the legality of the search.
Key Takeaways
Police stop and search powers in England and Wales are legally defined tools used to detect and prevent crime. To conduct a stop and search lawfully, officers must rely on specific statutory authority, explain the basis for the search, and conduct it with respect for individual rights. Reasonable grounds normally underpin most searches, while some powers allow searches in a locality without individual suspicion where justified. Individuals have rights during these encounters, including to information and fair treatment. Understanding how stop and search works helps people engage confidently and appropriately with police interactions.
