4 Recording requirements

4.1 When an officer carries out a search in the exercise of any power to which this Code applies and the search does not result in the person searched or person in charge of the vehicle searched being arrested and taken to a police station, a record must be made of it, electronically or on paper, unless there are exceptional circumstances which make this wholly impracticable (e.g. in situations involving public disorder or when the recording officer’s presence is urgently required elsewhere). If a record is to be made, the officer carrying out the search must make the record on the spot unless this is not practicable, in which case, the officer must make the record as soon as practicable after the search is completed. (See Note 16.)

4.2 If the record is made at the time, the person who has been searched or who is in charge of the vehicle that has been searched must be asked if they want a copy and if they do, they must be given immediately, 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.

4.2A An officer is not required to provide a copy of the full record or a receipt at the time if they are called to an incident of higher priority. (See Note 21.)

4.2B If a search in the exercise of any power to which this Code applies results in a person being arrested and taken to a police station, the officer carrying out the search is responsible for ensuring that a record of the search is made as part of their custody record. The custody officer must then ensure that the person is asked if they want a copy of the record and, if they do, that they are given a copy as soon as practicable. (See Note 16.)

4.3 The record of a search must always include the following information:

(a) A note of the self defined ethnicity, and if different, the ethnicity as perceived by the officer making the search, of the person searched or of the person in charge of the vehicle searched (as the case may be) (see Note 18);

(b) The date, time and place the person or vehicle was searched (see Note 6);

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

(d) 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 (see Note 17);

the power under section 11 of the Public Order Act 2023, the nature of the power, the authorisation and the fact that it has been given (see Note 17);

the powers under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011 and Schedule 11 to the National Security Act 2023 (see paragraphs 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)) that a TPIM or STPIM notice is being served;

the nature of the power and

for a search under paragraph 8 of either of the above Schedules, the date the search warrant was issued, the fact that the warrant was produced and a copy of it provided and the warrant must also be endorsed by the constable executing it to state whether anything was found and whether anything was seized, and

all other powers requiring reasonable suspicion (see paragraph 2.1(a)), the grounds for that suspicion.

(e) subject to paragraph 3.8(b), the identity of the officer carrying out the search. (See Note 15.)

4.3 A For the purposes of completing the search record, there is no requirement to record the name, address and date of birth of the person searched or the person in charge of a vehicle which is searched. The person is under no obligation to provide this information and they should not be asked to provide it for the purpose of completing the record.

4.4 Nothing in paragraph 4.3 requires the names of police officers to be shown on the search record or any other record required to be made under this Code in the case of enquiries linked to the investigation of terrorism or otherwise where an officer reasonably believes that recording names might endanger the officers. In such cases the record must show the officers’ warrant or other identification number and duty station.

4.5 A record is required for each person and each vehicle searched. However, if a person is in a vehicle and both are searched, and the object and grounds of the search are the same, only one record need be completed. If more than one person in a vehicle is searched, separate records for each search of a person must be made. If only a vehicle is searched, the self- defined ethnic background of the person in charge of the vehicle must be recorded, unless the vehicle is unattended.

4.6 The record of the grounds for making a search must, briefly but informatively, explain the reason for suspecting the person concerned, by reference to information and/ or intelligence about, or some specific behaviour by, the person concerned (see paragraph 2.2).

4.7 Where officers detain an individual with a view to performing a search, but the need to search is eliminated as a result of questioning the person detained, a search should not be carried out and a record is not required. (See paragraph 2.10 and Notes 3 and 22A.)

4.8 After searching an unattended vehicle, or anything in or on it, an officer must leave a notice in it (or on it, if things on it have been searched without opening it) recording the fact that it has been searched.

4.9 The notice must include the name of the police station to which the officer concerned is attached and state where a copy of the record of the search may be obtained and how (if applicable) an electronic copy may be accessed and where any application for compensation should be directed.

4.10 The vehicle must if practicable be left secure. 4.10A Not used.

4.10 B Not used.

4.11 Not used

4.12 There is no national requirement for an officer who requests a person in a public place to account for themselves, i.e. their actions, behaviour, presence in an area or possession of anything, to make any record of the encounter or to give the person a receipt. (See paragraph 2.11 and Notes 22A and 22B.)

4.12 A Not used.

4.13 Not used.

4.14 Not used.

4.15 Not used.

4.16 Not used.

4.17 Not used.

4.18 Not used.

4.19 Not used.

4.20 Not used.