What Is the Police Code of Practice for Stop and Search?

Stop and search is a power used by police officers in England and Wales that allows them to stop individuals or vehicles and search for certain items. These powers can affect fundamental rights, so they are governed by strict legal rules and procedures known collectively as the Police Code of Practice for Stop and Search. The principal legal framework for these rules is Code A of the Police and Criminal Evidence Act 1984 (PACE), which sets out how and when police may exercise stop and search powers lawfully and fairly.

This article explains what the Code of Practice is, the legal basis for stop and search, the rights of people subject to these powers, how the process should be carried out, and what to do if you believe there has been an unlawful search.

What Is the Police Code of Practice?

The Police Code of Practice in the context of stop and search refers primarily to PACE Code A. This is an officially issued document under the Police and Criminal Evidence Act 1984 that governs how police officers can exercise statutory powers to stop and search people or vehicles without first arresting them. It also sets out requirements for recording public encounters.

Key points about the Code of Practice:

• It applies throughout England and Wales and must be available for consultation at police stations by officers and members of the public.
• The Code applies to powers that allow an officer to search a person or vehicle without an arrest where those powers are set out in statute, for example under PACE, the Misuse of Drugs Act 1971, or specific public order laws.
• It does not cover some specialist powers, including terrorism searches under the Terrorism Act 2000 (which have their own Code of Practice).
• Police must use stop and search powers fairly, responsibly, and without unlawful discrimination.

The primary aim of the Code is to balance the police's need to investigate crime with respect for individual liberty and public confidence in policing.

Legal Basis for Stop and Search

Police officers can stop and search individuals under a number of statutory powers. These are the legal provisions that give officers the authority to search without arrest:

1. Police and Criminal Evidence Act 1984 (PACE), Section 1 – the most commonly used power, allowing officers to search for stolen or prohibited articles if they have reasonable grounds for suspicion.
2. Misuse of Drugs Act 1971, Section 23 – allows searches for controlled drugs when there are reasonable grounds to suspect possession.
3. Criminal Justice and Public Order Act 1994, Section 60 – allows broader stop and search in specified areas during defined periods when serious violence is anticipated, without reasonable suspicion.
4. Other statutory powers, including some in public order legislation and terrorism legislation, which may have their own Codes of Practice.

Under the Code, officers must clearly identify which legal power they are relying on before they carry out a search.

Principles Governing Stop and Search

The Code sets out clear principles and procedural requirements:

Reasonable Grounds for Suspicion

For most stop and search powers, there must be reasonable grounds for the officer's suspicion. This means:

• The officer must genuinely suspect the person is carrying specific items that the law allows them to search for.
• The suspicion must be reasonable, based on facts, information or intelligence that an objective person could also find convincing.
• A mere “hunch” is not sufficient.

Conduct of Searches

The Code requires searches to be:

• Carried out with courtesy, respect and consideration. Officers should minimise embarrassment and inconvenience.
• As quick and effective as possible. Any detention should be no longer than necessary.
• In most cases, if the officer cannot justify the power or the suspicion falls away, the person must be allowed to go.

Consent and Powers

A person may offer consent to be searched voluntarily, but an officer must still have a lawful power before searching. Consent alone is not enough.

Information Police Must Provide

When a stop and search begins, the officer must inform the individual of:

1. That they are being detained for the purposes of a search.
2. The specific legal power being used.
3. The grounds for the search (what the officer suspects and why).
4. Officer's name and the police station they are attached to.
5. That the person is entitled to a copy of the record of the search.

This information should be communicated clearly before the search starts.

Rights During and After a Stop and Search

Rights During the Search

• You should be treated with respect and dignity.
• An officer may use reasonable force only if absolutely necessary to carry out the search or detain a person or vehicle.
• Any search involving removal of more than an outer coat, jacket or gloves should usually be done in a place out of public view if possible.

After the Search

• You should receive written documentation of the search, often called a search record. This can be important if you want to challenge the search later.
• You may ask questions about the stop and the grounds relied on.
• If you believe the search was unlawful, you can make a complaint to the police force or pursue legal avenues through a solicitor or civil action.

Challenging an Unlawful Stop and Search

If officers do not follow the Code:

• Evidence obtained may be open to challenge in criminal proceedings if the search breached the provisions of the Code.
• You can complain directly to the police force or the Independent Office for Police Conduct (IOPC).
• You may seek legal advice about civil remedies, including claims for unlawful detention or discrimination.

Keeping a detailed record of the incident and speaking to a solicitor can help protect your legal rights.

Common Misconceptions

• “You must always comply.” You should cooperate with lawful instructions, but officers must have a legal basis to search you.
• “Consent equals legal search.” Consent alone is not sufficient if there is no statutory power.
• “You have no rights.” You have rights to information, dignity, and a record of the search.

Key Takeaways

The Police Code of Practice for Stop and Search - primarily PACE Code A - sets out how police officers in England and Wales must lawfully and fairly use stop and search powers. The Code aims to protect personal liberty while enabling effective policing. Key features include:

• Clear legal powers and criteria for when stop and search may be used.
• Requirements for officers to explain their powers and grounds before searching.
• Duties to treat individuals with respect and avoid discrimination.
• Rights for people stopped to receive documentation and challenge unlawful actions.

Understanding these rules helps ensure that stop and search is exercised lawfully and that individuals know their rights and practical options if they are stopped by the police.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.