2 Types of Stop and Search Powers

2.1 This code applies, subject to paragraph 1.03, to powers of stop and search as follows:

(a) powers which require reasonable grounds for suspicion, before they may be exercised; that articles unlawfully obtained or possessed are being carried such as section 10 of the Public Order Act 2023 for articles used to commit protest-related offences, section 1 of PACE for stolen and prohibited articles and section 23 of the Misuse of Drugs Act 1971. for controlled drugs;

(b) authorised under section 60 of the Criminal Justice and Public Order Act 1994, based upon a reasonable belief that incidents involving serious violence may take place or that people are carrying dangerous instruments or offensive weapons within any locality in the police area, or that it is expedient to use the powers to find such instruments or weapons that have been used in incidents of serious violence;

(c) authorised under section 11 of the Public Order Act 2023, based upon a reasonable belief that individuals are carrying prohibited items for the purpose of, or in connection with, protest- related offences listed in section 11 of the Act, such as locking on or causing serious disruption by tunnelling.

(d) the powers in Schedule 5 to the Terrorism Prevention and Investigation Measures (TPIM) Act 2011 to search an individual who has not been arrested, conferred by:

(i) paragraph 6(2)(a) at the time of serving a TPIM notice; A

(ii) paragraph 8(2)(a) under a search warrant for compliance purposes; and

(iii) paragraph 10 for public safety purposes. See paragraph 2.18A.

(e) powers to search a person who has not been arrested in the exercise of a power to search premises (see Code B paragraph 2.4).

2.2 Reasonable grounds for suspicion is the legal test which a police officer must satisfy before they can stop and detain individuals or vehicles to search them under powers such as, section 1 of PACE (to find stolen or prohibited articles) and section 23 of the Misuse of Drugs Act 1971 (to find controlled drugs). This test must be applied to the particular circumstances in each case and is in two parts:

(i) Firstly, the officer must have formed a genuine suspicion in their own mind that they will find the object for which the search power being exercised allows them to search (see Annex A, second column, for examples); and

(ii) Secondly, the suspicion that the object will be found must be reasonable. This means that there must be an objective basis for that suspicion based on facts, information and/or intelligence which are relevant to the likelihood that the object in question will be found, so that a reasonable person would be entitled to reach the same conclusion based on the same facts and information and/or intelligence.

Officers must therefore be able to explain the basis for their suspicion by reference to intelligence or information about, or some specific behaviour by, the person concerned (see paragraphs 3.8(d), 4.6 and 5.5).

2.2A The exercise of these stop and search powers depends on the likelihood that the person searched is in possession of an item for which they may be searched; it does not depend on the person concerned being suspected of committing an offence in relation to the object of the search. A police officer who has reasonable grounds to suspect that a person is in innocent possession of a stolen or prohibited article, controlled drug or other item for which the officer is empowered to search, may stop and search the person even though there would be no power of arrest. This would apply when a child under the age of criminal responsibility (10 years) is suspected of carrying any such item, even if they knew they had it. (See Notes 1B and 1BA.)

2.2 B Reasonable suspicion can never be supported on the basis of personal factors. This means that unless the police have information or intelligence which provides a description of a person suspected of carrying an article for which there is a power to stop and search, the following cannot be used, alone or in combination with each other, or in combination with any other factor, as the reason for stopping and searching any individual, including any vehicle which they are driving or are being carried in:

(a) A person’s physical appearance with regard, for example, to any of the ‘relevant protected characteristics’ set out in the Equality Act 2010, section 149, which are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation (see paragraph 1.1 and Note 1A), or the fact that the person is known to have a previous conviction; and

(b) Generalisations or stereotypical images that certain groups or categories of people are more likely to be involved in criminal activity.

2.3 Not used.

2.4 Reasonable grounds for suspicion should normally be linked to accurate and current intelligence or information, relating to articles for which there is a power to stop and search, being carried by individuals or being in vehicles in any locality. This would include reports from members of the public or other officers describing:

a person who has been seen carrying such an article or a vehicle in which such an article has been seen.

crimes committed in relation to which such an article would constitute relevant evidence, for example, property stolen in a theft or burglary, an offensive weapon or bladed or sharply pointed article used to assault or threaten someone or an article used to cause criminal damage to property.

2.4 A Searches based on accurate and current intelligence or information are more likely to be effective. Targeting searches in a particular area at specified crime problems not only increases their effectiveness but also minimises inconvenience to law-abiding members of the public. It also helps in justifying the use of searches both to those who are searched and to the public. This does not, however, prevent stop and search powers being exercised in other locations where such powers may be exercised, and reasonable suspicion exists.

2.5 Not used.

2.6 Where there is reliable information or intelligence that members of a group or gang habitually carry knives unlawfully or weapons or controlled drugs, and wear a distinctive item of clothing or other means of identification in order to identify themselves as members of that group or gang, that distinctive item of clothing or other means of identification may provide reasonable grounds to stop and search any person believed to be a member of that group or gang. (See Note 9.)

2.6A A similar approach would apply to particular organised protest groups where there is reliable information or intelligence:

(a) that the group in question arranges meetings and marches to which one or more members bring articles intended to be used to cause criminal damage and/or injury to others in support of the group’s aims;

(b) that at one or more previous meetings or marches arranged by that group, such articles have been used and resulted in damage and/or injury; and

(c) that on the subsequent occasion in question, one or more members of the group have brought with them such articles with similar intentions

These circumstances may provide reasonable grounds to stop and search any members of the group to find such articles (see Note 9A). See also paragraphs 2.12 to 2.18, “Searches authorised under section 60 of the Criminal Justice and Public Order Act 1994”, when serious violence is anticipated at meetings and marches.

2.6 B Reasonable suspicion may also exist without specific information or intelligence and on the basis of the behaviour of a person. For example, if an officer encounters someone on the street at night who is obviously trying to hide something, the officer may (depending on the other surrounding circumstances) base such suspicion on the fact that this kind of behaviour is often linked to stolen or prohibited articles being carried. An officer who forms the opinion that a person is acting suspiciously or that they appear to be nervous must be able to explain, with reference to specific aspects of the person’s behaviour or conduct which they have observed, why they formed that opinion (see paragraphs 3.8(d) and 5.5). A hunch or instinct which cannot be explained or justified to an objective observer can never amount to reasonable grounds.

2.7 Not used.

2.8 Not used.

2.8 A All police officers must recognise that searches are more likely to be effective, legitimate and secure public confidence when their reasonable grounds for suspicion are based on a range of objective factors. The overall use of these powers is more likely to be effective when up- to-date and accurate intelligence or information is communicated to officers and they are well-informed about local crime patterns. Local senior officers have a duty to ensure that those under their command who exercise stop and search powers have access to such information, and the officers exercising the powers have a duty to acquaint themselves with that information (see paragraphs 5.1 to 5.6).

2.9 An officer who has reasonable grounds for suspicion may detain the person concerned in order to carry out a search. Before carrying out the search the officer may ask questions about the person’s behaviour or presence in circumstances which gave rise to the suspicion. As a result of questioning the detained person, the reasonable grounds for suspicion necessary to detain that person may be confirmed or, because of a satisfactory explanation, be dispelled. (See Notes 2 and 3.) Questioning may also reveal reasonable grounds to suspect the possession of a different kind of unlawful article from that originally suspected. Reasonable grounds for suspicion however cannot be provided retrospectively by such questioning during a person’s detention or by refusal to answer any questions asked.

2.10 If, as a result of questioning before a search, or other circumstances which come to the attention of the officer, there cease to be reasonable grounds for suspecting that an article of a kind for which there is a power to stop and search is being carried, no search may take place. (See Note 3.) In the absence of any other lawful power to detain, the person is free to leave at will and must be so informed.

2.11 There is no power to stop or detain a person in order to find grounds for a search. Police officers have many encounters with members of the public which do not involve detaining people against their will and do not require any statutory power for an officer to speak to a person (see paragraph 4.12 and Note 1). However, if reasonable grounds for suspicion emerge during such an encounter, the officer may detain the person to search them, even though no grounds existed when the encounter began. As soon as detention begins, and before searching, the officer must inform the person that they are being detained for the purpose of a search and take action in accordance with paragraphs 3.8 to 3.11 under “Steps to be taken prior to a search”.

2.12 Authority for a constable in uniform to stop and search under section 60 of the Criminal Justice and Public Order Act 1994 may be given if the authorising officer reasonably believes:

(a) that incidents involving serious violence may take place in any locality in the officer’s police area, and it is expedient to use these powers to prevent their occurrence;

(b) that persons are carrying dangerous instruments or offensive weapons without good reason in any locality in the officer’s police area; or

(c) that an incident involving serious violence has taken place in the officer’s police area, a dangerous instrument or offensive weapon used in the incident is being carried by a person in any locality in that police area, and it is expedient to use these powers to find that instrument or weapon.

2.13 An authorisation under section 60 may only be given by an officer of the rank of inspector or above and in writing, or orally if paragraph 2.12(c) applies and it is not practicable to give the authorisation in writing. The authorisation (whether written or oral) must specify the grounds on which it was given, the locality in which the powers may be exercised and the period of time for which they are in force. The period authorised shall be no longer than appears reasonably necessary to prevent, or seek to prevent incidents of serious violence, or to deal with the problem of carrying dangerous instruments or offensive weapons or to find a dangerous instrument or offensive weapon that has been used. It may not exceed 24 hours. An oral authorisation given where paragraph 2.12(c) applies must be recorded in writing as soon as practicable. (See Notes 10 to 13.)

2.14 An inspector who gives an authorisation must, as soon as practicable, inform an officer of or above the rank of superintendent. This officer may direct that the authorisation shall be extended for a further 24 hours, if violence or the carrying of dangerous instruments or offensive weapons has occurred, or is suspected to have occurred, and the continued use of the powers is considered necessary to prevent or deal with further such activity or to find a dangerous instrument or offensive weapon used that has been used. That direction must be given in writing unless it is not practicable to do so, in which case it must be recorded in writing as soon as practicable afterwards. (See Note 12.)

2.14A The selection of persons and vehicles under section 60 to be stopped and, if appropriate, searched should reflect an objective assessment of the nature of the incident or weapon in question and the individuals and vehicles thought likely to be associated with that incident or those weapons (see Notes 10 and 11). The powers must not be used to stop and search persons and vehicles for reasons unconnected with the purpose of the authorisation.

When selecting persons and vehicles to be stopped in response to a specific threat or incident, officers must take care not to discriminate unlawfully against anyone on the grounds of any of the protected characteristics set out in the Equality Act 2010. (See paragraph 1.1.)

2.14B The driver of a vehicle which is stopped under section 60 and any person who is searched under section 60 are entitled to a written statement to that effect if they apply within twelve months from the day the vehicle was stopped or the person was searched. This statement is a record which states that the vehicle was stopped or (as the case may be) that the person was searched under section 60 and it may form part of the search record or be supplied as a separate record.

2.14 C An inspector who gives an authorisation must communicate their decision to the public as soon as possible and where it is operationally beneficial to do so. This information must include the reason, time limit and geographical location of the authorisation.

2.15 Section 60AA of the Criminal Justice and Public Order Act 1994 also provides a power to demand the removal of disguises. The officer exercising the power must reasonably believe that someone is wearing an item wholly or mainly for the purpose of concealing identity. There is also a power to seize such items where the officer believes that a person intends to wear them for this purpose. There is no power to stop and search for disguises. An officer may seize any such item which is discovered when exercising a power of search for something else, or which is being carried, and which the officer reasonably believes is intended to be used for concealing anyone’s identity. This power can only be used if an authorisation given under section 60 or under section 60AA, is in force. (See Note 4.)

2.16 Authority under section 60AA for a constable in uniform to require the removal of disguises and to seize them may be given if the authorising officer reasonably believes that activities may take place in any locality in the officer’s police area that are likely to involve the commission of offences and it is expedient to use these powers to prevent or control these activities.

2.17 An authorisation under section 60AA may only be given by an officer of the rank of inspector or above, in writing, specifying the grounds on which it was given, the locality in which the powers may be exercised and the period of time for which they are in force. The period authorised shall be no longer than appears reasonably necessary to prevent, or seek to prevent the commission of offences. It may not exceed 24 hours. (See Notes 10 to 13.)

2.18 An inspector who gives an authorisation must, as soon as practicable, inform an officer of or above the rank of superintendent. This officer may direct that the authorisation shall be extended for a further 24 hours, if crimes have been committed, or are suspected to have been committed, and the continued use of the powers is considered necessary to prevent or deal with further such activity. This direction must also be given in writing at the time or as soon as practicable afterwards. (See Note 12.)

2.18 A Paragraph 3 of Schedule 5 to the TPIM Act 2011 and Paragraph 3 of Schedule 11 to the National Security Act 2023 allows a constable to detain an individual to be searched under the following powers:

(i) paragraph 6(2)(a) in the above Schedules, when a TPIM or State Threats Prevention and Investigation Measures (“STPIM”) notice is being, or has just been, served on the individual for the purpose of ascertaining whether there is anything on the individual that contravenes measures specified in the notice;

(ii) paragraph 8(2)(a) in the above Schedules, in accordance with a warrant to search the individual issued by a justice of the peace in England and Wales, a sheriff in Scotland or a lay magistrate in Northern Ireland who is satisfied that a search is necessary for the purpose of determining whether an individual in respect of whom a TPIM or STPIM notice is in force is complying with measures specified in the notice (see paragraph 2.20); and

(iii) paragraph 10 in the above Schedules, to ascertain whether an individual in respect of whom a TPIM or STPIM notice is in force is in possession of anything that could be used to threaten or harm any person.

See paragraph 2.1(e).

2.19 The exercise of the powers mentioned in paragraph 2.18A does not require the constable to have reasonable grounds to suspect that the individual:

(a) has been, or is, contravening any of the measures specified in the TPIM or STPIM notice; or

(b) has on them anything which:

in the case of the power in sub-paragraph (i), contravenes measures specified in the TPIM or STPIM notice;

in the case of the power in sub-paragraph (ii) is not complying with measures specified in the TPIM or STPIM notice; or

in the case of the power in sub-paragraph (iii), could be used to threaten or harm any person.

2.20 A search of an individual on warrant under the power mentioned in paragraph 2.18A(ii) must carried out within 28 days of the issue of the warrant and:

the individual may be searched on one occasion only within that period;

the search must take place at a reasonable hour unless it appears that this would frustrate the purposes of the search.

2.21 Not used.

2.22 Not used.

2.23 Not used.

2.24 Not used.

2.24 Not used.

2.25 Not used.

2.26 The powers under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011 and Schedule 11 to the National Security Act 2023 allow a constable to conduct a search of an individual only for specified purposes relating to a TPIM or STPIM notice as set out above. However, anything found may be seized and retained if there are reasonable grounds for believing that it is or it contains evidence of any offence for use at a trial for that offence or to prevent it being concealed, lost, damaged, altered, or destroyed. However, this would not prevent a search being carried out under other search powers if, in the course of exercising these powers, the officer formed reasonable grounds for suspicion.

2.27 The following powers to search premises also authorise the search of a person, not under arrest, who is found on the premises during the course of the search:

(a) section 139B of the Criminal Justice Act 1988 under which a constable may enter school premises and search the premises and any person on those premises for any bladed or pointed article or offensive weapon;

(b) under a warrant issued under section 23(3) of the Misuse of Drugs Act 1971 to search premises for drugs or documents but only if the warrant specifically authorises the search of persons found on the premises; and

(c) under a search warrant or order issued under paragraph 1, 3 or 11 of Schedule 5 to the Terrorism Act 2000 to search premises and any person found there for material likely to be of substantial value to a terrorist investigation.

(ca) under a search warrant or order issued under paragraph 2, 9 or 12 of Schedule 2 to the National Security Act 2023 to search premises and any person found there for material likely to be of substantial value to the investigation.

2.28 Before the power under section 139B of the Criminal Justice Act 1988 may be exercised, the constable must have reasonable grounds to suspect that an offence under section 139A or 139AA of the Criminal Justice Act 1988 (having a bladed or pointed article or offensive weapon on school premises) has been or is being committed. A warrant to search premises and persons found therein may be issued under section 23(3) of the Misuse of Drugs Act 1971 if there are reasonable grounds to suspect that controlled drugs or certain documents are in the possession of a person on the premises.

2.29 The powers in paragraph 2.34 do not require prior specific grounds to suspect that the person to be searched is in possession of an item for which there is an existing power to search. However, it is still necessary to ensure that the selection and treatment of those searched under these powers is based upon objective factors connected with the search of the premises, and not upon personal prejudice.

2.30 Not used

2.31 Not used

2.32 Not used

2.33 Not used

2.34 Not used

2.35 Not used

2.36 Not used

2.37 Not used

2.38 Not used

2.39 Not used

2.40 Authority for a constable in uniform to stop and search under section 11 of the Public Order Act 2023 may be given if the authorising officer reasonably believes that persons are carrying prohibited objects or that any of the following protest related offences may be committed in their police area:

I. Wilful Obstruction (section 137 of the Highways Act 1980). This involves activity which causes or is capable of causing serious disruption to two or more individuals or to an organisation.

II. Intentionally or recklessly causing public nuisance (section 78 of the Police, Crime, Sentencing and Courts Act 2022)

III. Locking on (Section 1 of the Public Order Act 2023)

IV. Causing serious disruption by tunnelling (section 3 of the Public Order Act 2023)

V. Causing serious disruption by being present in a tunnel (section 4 of the Public Order Act 2023)

VI. Obstruction etc of major transport works (section 6 of the Public Order Act 2023)

VII. Interference with use or operation of key national infrastructure (section 7 of the Public Order Act 2023)

2.40A That an officer has, by a reasonable and legitimate source, access to intelligence that would justify the use of suspicion-less powers to prevent the commission of offences listed in part 2.40.

2.41 An authorisation under section 11 of the Public Order Act 2023 may only be given by an officer of the rank of inspector or above and in writing by the authorising officer. The authorisation must specify the grounds on which it was given, the locality in which the powers may be exercised and the period of time for which it is in force. The period authorised shall be no longer than appears reasonably necessary to prevent protest- related offences in 2.40 being committed or prohibited objects being carried. It may not exceed 24 hours. (See Notes 14- 14C).

2.42 An inspector who gives an authorisation must, as soon as practicable, inform an officer of or above the rank of superintendent. This officer may direct that the authorisation shall be extended for a further 24 hours if it is considered necessary to prevent or deal with further such activity or to find a prohibited item mentioned in 2.40. That direction must be given in writing unless it is not practicable to do so, in which case it must be recorded in writing as soon as practicable afterwards. (See Note 14B).

2.42A The selection of persons and vehicles to be stopped under section 11 of the Public Order Act 2023 and, if appropriate, searched should reflect an objective assessment of the nature of activity in the locality or items in question and the individuals and vehicles thought likely to be associated with that local activity or those items. The powers must not be used to stop and search persons and vehicles for reasons unconnected with the purpose of the authorisation.

2.42 B The driver of a vehicle which is stopped under section 11 of the Public Order Act 2023 and any person who is searched under section 11 are entitled to a written statement to that effect if they apply within twelve months from the day the vehicle was stopped or the person was searched. This statement is a record which states that the vehicle was stopped or (as the case may be) that the person was searched under section 11 and it may form part of the search record or be supplied as a separate record.

2.43 An inspector who gives an authorisation must communicate their decision to the public as soon as possible and where it is operationally beneficial to do so. This information must include the reason, time limit and geographical location of the authorisation.

2.44 Officers who use stop and search powers during a protest, namely those referred to in section 10 and 11 of the Public Order Act 2023 must act compatibly with the rights to freedom of expression and the freedom of assembly and association under Articles 10 and 11 of the ECHR (European Convention on Human Rights). Officers must be clear that the act of protesting is not an offence. The intrusion on the liberty of the person stopped and searched must be brief and detention for the purposes of a stop and search must take place near or at the location of the stop.