This guide is maintained as a current resource for July 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.
Explore when police can lawfully use stop and search powers for weapons offences in England and Wales, including reasonable‑suspicion stops under PACE and area searches under Section 60 of the Criminal Justice and Public Order Act. Clear guidance on legal conditions, public rights, and practical contexts for these policing powers.
Stop and search is a significant policing power used in England and Wales to prevent and detect crime, particularly offences involving weapons. This article explains the legal framework, specific powers, conditions and limits, rights of the public, and practical examples of when police can use stop and search powers for weapons offences. It draws on current statutory law and authoritative government guidance to ensure accuracy and clarity.
Understanding Stop and Search in Context
Stop and search powers allow a police officer to stop an individual or vehicle and, if justified, search them for particular items without arrest. These powers are intended to help police detect offensive weapons such as knives, firearms, and other dangerous instruments before they can be used to cause harm. Stop and search can take place on the street, in public spaces, or in vehicles.
There are two main types of stop and search used for weapons offences:
- Suspicion‑based stop and search – where police have reasonable grounds to suspect someone is carrying a weapon.
- Authorised area stop and search (suspicion‑less) – where a senior officer authorises searches across a defined locality for a limited period, without reasonable suspicion.
Statutory Powers for Stop and Search
1. Section 1 of the Police and Criminal Evidence Act 1984 (PACE)
This is the most commonly used power for stop and search in connection with weapons offences. Under Section 1 PACE, a police officer who is in uniform can stop and search an individual or vehicle if they have reasonable grounds to suspect that the person is carrying:
- An offensive weapon,
- A bladed article,
- Any other prohibited item connected to a suspected offence.
“Reasonable grounds” must be based on objective facts, not on personal characteristics such as race or appearance alone. Officers must tell the person being stopped the grounds for their suspicion, the object they are searching for, and the legal power being used.
This power supports preventative action against weapons possession and enables police to seize items and potentially arrest the individual if an offence is committed.
2. Section 60 of the Criminal Justice and Public Order Act 1994
Section 60 provides a broader stop and search power that can be used without individual reasonable suspicion for weapons offences, but only when authorised by a senior officer. The authorisation can apply across a defined locality for a limited period.
A Section 60 authorisation may be given when an officer of at least inspector rank reasonably believes that:
- Serious violence may occur in the area and that these powers could help prevent it.
- People are carrying offensive weapons or dangerous instruments without good reason within the area.
- Serious violence has already occurred and weapons used may still be present in the locality.
Once authorised, officers across the specified area can stop and search anyone for weapons even without reasonable suspicion of possession. The power is usually granted for up to 24 hours and may be extended.
Section 60 is most often used in response to information or intelligence about possible weapon‑related disorder, violent incidents, or specific local concerns.
Practical Conditions and Limitations
Use of Reasonable Grounds
For searches under Section 1 PACE, the police must have reasonable grounds to suspect that the person is carrying a weapon. Suspicion may arise from:
- Information received from reliable sources,
- Behaviour indicative of carrying a weapon,
- Prior intelligence about a person's involvement in violence.
Grounds must be objectively justifiable and explained to the person being searched.
Authorisation for Area Searches
Section 60 authorisation must be given explicitly, and an officer must have a reasonable belief that powers are necessary based on local conditions. Officers must record and adhere to this authorisation. They may stop any individual or vehicle in the authorised area and search for offensive weapons without needing individual suspicion.
Time and Area Limits
An area authorisation typically lasts up to 24 hours and can be extended. A further authorisation may be granted, but officers cannot exceed the authorised time or geographic boundary.
Recording and Accountability Requirements
Officers must record all stop and search encounters, including the statutory power used, the reason for the stop, the outcome, and whether anything was found. Individuals have a right to request a written statement confirming the search and the basis for it within a prescribed period.
Public Rights During Stop and Search
If you are stopped under a stop and search power for weapons:
- Police must identify themselves and explain the legal power being used.
- You must be told the reasonable grounds for the search when suspicion‑based powers apply.
- You are considered detained for the purposes of the search and must cooperate reasonably.
- If nothing is found, you should be released promptly once the search is completed.
- You can ask for a written record of the search within a defined timeframe.
Exercising your rights confidently can help ensure police use of stop and search remains lawful and transparent.
Examples of How Stop and Search May Be Used for Weapons
Example 1: Reasonable Suspicion Search
During a night out, a uniformed officer observes a person acting suspiciously and with a bulge in their coat pocket consistent with a bladed article. The officer stops and searches them under Section 1 PACE for offensive weapons and retrieves a knife. The suspect may then be arrested and charged.
Example 2: Section 60 Area Search
Following reports of gang‑related violence in a neighbourhood, the police authorise Section 60 powers for the next 24 hours. Officers throughout the defined area can stop pedestrians and motorists to search for offensive weapons without needing individual reasonable suspicion, aiming to reduce violence and deter weapon carriage.
Key Takeaways
Police in England and Wales can use stop and search powers to address weapons offences in two main ways. Under Section 1 of PACE, officers require reasonable grounds to suspect someone is carrying an offensive weapon before searching them. Under Section 60 of the Criminal Justice and Public Order Act 1994, police can be authorised to conduct suspicion‑less stop and search across a defined area where there is a reasonable belief that serious violence may occur, or that weapons are being carried without good reason. Both powers are subject to statutory safeguards, procedural requirements, and obligations to explain powers and rights to the person being searched. Understanding these powers helps individuals know when stop and search is lawful and what rights apply during such encounters.
