What Legal Powers Do Police Have to Stop and Search?

Editorial Status & Legal Guidance

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.

Key Takeaways for What Legal Powers Do Police Have to Stop and Search?

Comprehensive guide to police stop and search powers in England and Wales: explains when officers can lawfully stop and search, the statutory framework, your rights during a search, procedural safeguards and practical steps to take if stopped. Helpful for members of the public, students and solicitors.

Law Enforcement: Police powers are strictly defined by the Police and Criminal Evidence Act 1984 (PACE). Know your rights when interacting with authorities.

In England and Wales, the police have specific powers allowing them to stop and search individuals, vehicles or property without a warrant. These are significant legal powers designed to help prevent and detect crime, tackle serious violence and keep the public safe. At the same time, they engage important civil liberties, including personal liberty, privacy and protection from discrimination. This article explains when and how these powers can be used, what your rights are, and what practical steps you can take if you are stopped and searched. It is based on current UK legislation and official guidance in force (including Police and Criminal Evidence Act 1984, Criminal Justice and Public Order Act 1994, Terrorism Act 2000 and Public Order Act 2023).

Stop and Search Powers in Law

Police stop and search powers in England and Wales are derived from a range of statute law. The most commonly used powers include:

  • Section 1 of the Police and Criminal Evidence Act 1984 (PACE) – allows police to search a person or vehicle for offensive weapons, stolen property or articles linked to certain crimes if the officer has reasonable grounds for suspicion.
  • Section 23 of the Misuse of Drugs Act 1971 – permits searches for controlled drugs if an officer reasonably suspects possession.
  • Section 60 of the Criminal Justice and Public Order Act 1994 – permits no-suspicion searches in a designated area for offensive weapons if serious violence is anticipated.
  • Section 47A of the Terrorism Act 2000 and associated sections – permit terrorism-related stop and search with reasonable suspicion linked to terrorism.
  • Section 11 of the Public Order Act 2023 – provides a power to stop and search without suspicion in a specific locality if there is reasonable belief that protest-related offences may be committed and certain items carried.
Related:  What Are Police Powers to Investigate Cybercrime?

These powers allow police to stop someone and potentially search them, anything they are carrying, or a vehicle they are in or travelling in, without needing a warrant first.

When Can Police Stop You?

1. Stop and Search with Reasonable Grounds

The most common stop and search power requires an officer to have reasonable grounds to suspect you are carrying prohibited items such as:

  • illegal drugs
  • weapons or offensive instruments
  • stolen property
  • items that could be used to commit crime.

“Reasonable grounds” means a genuine and objective belief based on specific information, rather than a guess or stereotype. An officer must be able to explain these grounds.

This form of stop and search is authorised under PACE and similar statutory powers, and it forms the majority of lawful searches carried out annually.

2. Stop and Search Without Reasonable Suspicion

In limited circumstances, the police can stop and search without individual reasonable grounds:

  • Section 60 – Serious Violence: A senior officer can authorise searches in a designated area for a fixed period (usually up to 24 hours) if they reasonably believe serious violence might occur or weapons may be carried. These no‑suspicion powers are explicitly time‑limited and location‑specific.
  • Section 11 Public Order: Police can use this more recent provision to search people in a specific locality without reasonable suspicion where they reasonably believe specified protest‑related offences may occur or that prohibited items are being carried in connection with planned protest activity. Use of this power has attracted significant public and legal scrutiny.

These powers are less frequently used but can apply in serious public safety situations.

Related:  How Do Police Investigate Drink Driving Offences?

When lawfully exercising stop and search powers, police may search:

  • Your outer clothing (for example, coat, jacket, gloves).
  • Your person or body in accordance with statutory limits (more intrusive searches have tight safeguards).
  • A vehicle you are in, including under‑bonnet or boot areas if grounded suspicion exists.
  • Items you are carrying, including bags and packages.

Officers should minimise intrusion, conduct searches quickly, and preserve dignity where possible, particularly regarding religious dress or intimate searches.

What Police Must Tell You

Before conducting a search, officers must normally explain:

  • their name and police station;
  • the legal reason they are searching you;
  • the grounds for suspicion (if applicable);
  • what they expect to find.

These requirements are sometimes remembered using the acronym GOWISELY (Grounds, Object, Warrant card, Identity, Station, Etc.).

If officers fail to provide this information, the search may be unlawful, although compliance is still required at the time and complaints can be made later.

You have legal rights when stopped and searched:

  • You can ask why you are being searched and under which power.
  • You can request a copy of the search record at the time or within a short period afterwards.
  • You must usually comply with a lawful search, including removing outer clothing if asked.
  • If you are under 18 or a vulnerable adult, an appropriate adult should normally be present for intimate body searches.
  • You are protected from discrimination; stop and search must not be based on characteristics such as age, race, religion or gender alone.
Related:  What Are the Rules for Police Searching Property?

A stop and search does not mean you are under arrest. If you are not under arrest, you remain free to go once the search is completed.

What Happens Afterwards?

After a stop and search, the police should record the interaction. The record can be used to:

  • request documentation about the search;
  • challenge unlawful conduct by raising an internal complaint;
  • seek independent redress through the Independent Office for Police Conduct (IOPC) or civil claims for unlawful detention or discrimination.

These complaints routes are separate from criminal prosecution and civil claims such as false imprisonment or discrimination claims, and time limits apply for making such claims, so prompt action is advisable. (This article is informational and not legal advice.)

Key Takeaways

Police in England and Wales have clear statutory powers to stop and search people, vehicles and possessions to prevent and investigate crime. Most lawful searches require reasonable grounds for suspicion. In limited situations, police can perform searches within a defined area without individual suspicion, such as under section 60 or the 2023 Public Order Act. Officers must explain their reasons and comply with procedural safeguards designed to protect personal rights. Individuals have rights during and after a search, and can seek redress if procedures are not followed correctly.

James William Steven Parker
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.
Scroll to Top