3 Conduct of searches

3.1 All stops and searches must be carried out with courtesy, consideration and respect for the person concerned. This has a significant impact on public confidence in the police. Every reasonable effort must be made to minimise the embarrassment that a person being searched may experience. (See Note 4.)

3.2 The co-operation of the person to be searched must be sought in every case, even if the person initially objects to the search. A forcible search may be made only if it has been established that the person is unwilling to co-operate or resists. Reasonable force may be used as a last resort if necessary to conduct a search or to detain a person or vehicle for the purposes of a search.

3.3 The length of time for which a person or vehicle may be detained must be reasonable and kept to a minimum. Where the exercise of the power requires reasonable suspicion, the thoroughness and extent of a search must depend on what is suspected of being carried, and by whom. If the suspicion relates to a particular article which is seen to be slipped into a person’s pocket, then, in the absence of other grounds for suspicion or an opportunity for the article to be moved elsewhere, the search must be confined to that pocket. In the case of a small article which can readily be concealed, such as a drug, and which might be concealed anywhere on the person, a more extensive search may be necessary. In the case of searches mentioned in paragraph 2.1(b) and (d), which do not require reasonable grounds for suspicion, officers may make any reasonable search to look for items for which they are empowered to search. (See Note 5.)

3.4 The search must be carried out at or near the place where the person or vehicle was first detained. (See Note 6.)

3.5 There is no power to require a person to remove any clothing in public other than an outer coat, jacket or gloves, except under section 60AA of the Criminal Justice and Public Order Act 1994 (which empowers a constable to require a person to remove any item worn to conceal identity). (See Notes 4 and 6.) A search in public of a person’s clothing which has not been removed must be restricted to superficial examination of outer garments. This does not, however, prevent an officer from placing his or her hand inside the pockets of the outer clothing, or feeling round the inside of collars, socks and shoes if this is reasonably necessary in the circumstances to look for the object of the search or to remove and examine any item reasonably suspected to be the object of the search. For the same reasons, subject to the restrictions on the removal of headgear, a person’s hair may also be searched in public. (See paragraphs 3.1 and 3.3.)

3.6 Where on reasonable grounds it is considered necessary to conduct a more thorough search (e.g. by requiring a person to take off a T-shirt), this must be done out of public view, for example, in a police van unless paragraph 3.7 applies, or police station if there is one nearby (see Note 6.) Any search involving the removal of more than an outer coat, jacket, gloves, headgear or footwear, or any other item concealing identity, may only be made by an officer of the same sex as the person searched and may not be made in the presence of anyone of the opposite sex unless the person being searched specifically requests it. (See Code C Annex L and Notes 4 and 7.)

3.7 Searches involving exposure of intimate parts of the body must not be conducted as a routine extension of a less thorough search, simply because nothing is found in the course of the initial search. Searches involving exposure of intimate parts of the body may be carried out only at a nearby police station or other nearby location which is out of public view (but not a police vehicle). These searches must be conducted in accordance with paragraph 11 of Annex A to Code C except that an intimate search mentioned in paragraph 11(f) of Annex A to Code C may not be authorised or carried out under any stop and search powers. The other provisions of Code C do not apply to the conduct and recording of searches of persons detained at police stations in the exercise of stop and search powers. (See Note 7.)

3.8 Before any search of a detained person or attended vehicle takes place the officer must take reasonable steps, if not in uniform (see paragraph 3.9), to show their warrant card to the person to be searched or in charge of the vehicle to be searched and whether or not in uniform, to give that person the following information:

(a) that they are being detained for the purposes of a search;

(b) the officer’s name (except in the case of enquiries linked to National Security including Terrorism, or otherwise where the officer reasonably believes that giving their name might put them in danger, in which case a warrant or other identification number shall be given) and the name of the police station to which the officer is attached;

(c) the legal search power which is being exercised, and

(d) a clear explanation of:

(i) the object of the search in terms of the article or articles for which there is a power to search; and

(ii) in the case of:

the power under section 60 of the Criminal Justice and Public Order Act 1994 (see paragraph 2.1(b)), the nature of the power, the authorisation and the fact that it has been given;

the powers under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011 and Schedule 11 to the National Security Act 2023 (see paragraph 2.1(e) and 2.18A):

the fact that a TPIM or STPIM notice is in force or, (in the case of paragraph 6(2)(a) to those Schedules) that a TPIM or STPIM notice is being served;

the nature of the power being exercised.

For a search under paragraph 8 of Schedule 5 or paragraph 8 Schedule 11 above, the warrant must be produced and the person provided with a copy of it.

all other powers requiring reasonable suspicion (see paragraph 2.1(a)), the grounds for that suspicion. This means explaining the basis for the suspicion by reference to information and/or intelligence about, or some specific behaviour by, the person concerned (see paragraph 2.2).

(e) that they are entitled to a copy of the record of the search if one is made (see section 4 below) if they ask within 3 months from the date of the search and:

(i) if they are not arrested and taken to a police station as a result of the search and it is practicable to make the record on the spot, that immediately after the search is completed they will be given, if they request, either:

a copy of the record; or

a receipt which explains how they can obtain a copy of the full record or access to an electronic copy of the record; or

(ii) if they are arrested and taken to a police station as a result of the search, that the record will be made at the station as part of their custody record and they will be given, if they request, a copy of their custody record which includes a record of the search as soon as practicable whilst they are at the station. (See Note 16.)

3.9 Stops and searches under the power mentioned in paragraph 2.1(b) may be undertaken only by a constable in uniform.

3.10 The person should also be given information about police powers to stop and search and the individual’s rights in these circumstances.

3.11 If the person to be searched, or in charge of a vehicle to be searched, does not appear to understand what is being said, or there is any doubt about the person’s ability to understand English, the officer must take reasonable steps to bring information regarding the person’s rights and any relevant provisions of this Code to his or her attention. If the person is deaf or cannot understand English and is accompanied by someone, then the officer must try to establish whether that person can interpret or otherwise help the officer to give the required information.