5 Monitoring and supervising the use of stop and search powers

5.1 Any misuse of stop and search powers is likely to be harmful to policing and lead to mistrust of the police by the local community and by the public in general. Supervising officers must monitor the use of stop and search powers and should consider in particular whether there is any evidence that they are being exercised on the basis of stereotyped images or inappropriate generalisations. Supervising officers must satisfy themselves that the practice of officers under their supervision in stopping, searching and recording is fully in accordance with this Code. Supervisors must also examine whether the records reveal any trends or patterns which give cause for concern and, if so, take appropriate action to address this. (See paragraph 2.8A.)

5.2 Senior officers with area or force-wide responsibilities must also monitor the broader use of stop and search powers and, where necessary, take action at the relevant level.

5.3 Supervision and monitoring must be supported by the compilation of comprehensive statistical records of stops and searches at force, area and local level. Any apparently disproportionate use of the powers by particular officers or groups of officers or in relation to specific sections of the community should be identified and investigated.

5.4 In order to promote public confidence in the use of the powers, forces, in consultation with police and crime commissioners, must make arrangements for the records to be scrutinised by representatives of the community, and to explain the use of the powers at a local level. (See Note 19.)

5.4A Forces must make arrangements to send records of all stop and search interactions to the Home Office for national publication in accordance with section 44 of the Police Act 1996 and as part of the Annual Data Requirement (ADR) process. (See Note 20)

5.6 Police supervisors must monitor the use of stop and search powers by individual officers to ensure that they are being applied appropriately and lawfully. Monitoring takes many forms, such as direct supervision of the exercise of the powers, examining stop and search records (particularly examining the officer’s documented reasonable grounds for suspicion) and asking the officer to account for the way in which they conducted and recorded particular searches or through complaints about a stop and search that an officer has carried out.

5.7 Where a supervisor identifies issues with the way that an officer has used a stop and search power, the facts of the case will determine whether the standards of professional behaviour as set out in the Code of Ethics (see http://www.college.police.uk/en/20972.htm) have been breached and which formal action is pursued. Improper use might be a result of poor performance or a conduct matter, which will require the supervisor to take appropriate action such as performance or misconduct procedures. It is imperative that supervisors take both timely and appropriate action to deal with all such cases that come to their notice.

1 This Code does not affect the ability of an officer to speak to or question a person in the ordinary course of the officer’s duties without detaining the person or exercising any element of compulsion. It is not the purpose of the code to prohibit such encounters between the police and the community with the co-operation of the person concerned and neither does it affect the principle that all citizens have a duty to help police officers to prevent crime and discover offenders. This is a civic rather than a legal duty; but when a police officer is trying to discover whether, or by whom, an offence has been committed he or she may question any person from whom useful information might be obtained, subject to the restrictions imposed by Code C. A person’s unwillingness to reply does not alter this entitlement, but in the absence of a power to arrest, or to detain in order to search, the person is free to leave at will and cannot be compelled to remain with the officer.

1A In paragraphs 1.1 and 2.2B(a), the ‘relevant protected characteristics’ are: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

1B Innocent possession means that the person does [not] have the guilty knowledge that they are carrying an unlawful item which is required before an arrest on suspicion that the person has committed an offence in respect of the item sought (if arrest is necessary - see PACE Code G) and/or a criminal prosecution) can be considered. It is not uncommon for children under the age of criminal responsibility to be used by older children and adults to carry stolen property, drugs and weapons and, in some cases, firearms, for the criminal benefit of others, either:

in the hope that police may not suspect they are being used for carrying the items; or

knowing that if they are suspected of being couriers and are stopped and searched, they cannot be arrested or prosecuted for any criminal offence.

Stop and search powers therefore allow the police to intervene effectively to break up criminal gangs and groups that use young children to further their criminal activities.

1BA Whenever a child under 10 is suspected of carrying unlawful items for someone else, or is found in circumstances which suggest that their welfare and safety may be at risk, the facts should be reported and actioned in accordance with established force safeguarding procedures. This will be in addition to treating them as a potentially vulnerable or intimidated witness in respect of their status as a witness to the serious criminal offence(s) committed by those using them as couriers. Safeguarding considerations will also apply to other persons aged under 18 who are stopped and searched under any of the powers to which this Code applies. See paragraph 1.1 with regard to the requirement under the Children Act 2004, section 11, for chief police officers and other specified persons and bodies, to ensure that in the discharge of their functions, they have regard to the need to safeguard and promote the welfare of all persons under the age of 18.

2 In some circumstances preparatory questioning may be unnecessary, but in general a brief conversation or exchange will be desirable not only as a means of avoiding unsuccessful searches, but to explain the grounds for the stop/search, to gain cooperation and reduce any tension there might be surrounding the stop/search.

3 Where a person is lawfully detained for the purpose of a search, but no search in the event takes place, the detention will not thereby have been rendered unlawful.

4 Many people customarily cover their heads or faces for religious reasons - for example, Muslim women, Sikh men, Sikh or Hindu women, or Rastafarian men or women. A police officer cannot order the removal of a head or face covering except where there is reason to believe that the item is being worn by the individual wholly or mainly for the purpose of disguising identity, not simply because it disguises identity. Where there may be religious sensitivities about ordering the removal of such an item, the officer should permit the item to be removed out of public view. Where practicable, the item should be removed in the presence of an officer of the same sex as the person and out of sight of anyone of the opposite sex (see Code C Annex L).

5 A search of a person in public should be completed as soon as possible.

6 A person may be detained under a stop and search power at a place other than where the person was first detained, only if that place, be it a police station or elsewhere, is nearby. Such a place should be located within a reasonable travelling distance using whatever mode of travel (on foot or by car) is appropriate. This applies to all searches under stop and search powers, whether or not they involve the removal of clothing or exposure of intimate parts of the body (see paragraphs 3.6 and 3.7) or take place in or out of public view. It means, for example, that a search under the stop and search power in section 23 of the Misuse of Drugs Act 1971 which involves the compulsory removal of more than a person’s outer coat, jacket or gloves cannot be carried out unless a place which is both nearby the place they were first detained and out of public view, is available. If a search involves exposure of intimate parts of the body and a police station is not nearby, particular care must be taken to ensure that the location is suitable in that it enables the search to be conducted in accordance with the requirements of paragraph 11 of Annex A to Code C.

7 A search in the street itself should be regarded as being in public for the purposes of paragraphs 3.6 and 3.7 above, even though it may be empty at the time a search begins. Although there is no power to require a person to do so, there is nothing to prevent an officer from asking a person voluntarily to remove more than an outer coat, jacket or gloves in public.

8 Not used.

9 Other means of identification might include jewellery, insignias, tattoos or other features which are known to identify members of the particular gang or group.

9A A decision to search individuals believed to be members of a particular group or gang must be judged on a case by case basis according to the circumstances applicable at the time of the proposed searches and in particular, having regard to:

(a) the number of items suspected of being carried;

(b) the nature of those items and the risk they pose; and

(c) the number of individuals to be searched.

A group search will only be justified if it is a necessary and proportionate approach based on the facts and having regard to the nature of the suspicion in these cases. The extent and thoroughness of the searches must not be excessive.

The size of the group and the number of individuals it is proposed to search will be a key factor and steps should be taken to identify those who are to be searched to avoid unnecessary inconvenience to unconnected members of the public who are also present.

The onus is on the police to be satisfied and to demonstrate that their approach to the decision to search is in pursuit of a legitimate aim, necessary and proportionate.

10 The powers under section 60 are separate from and additional to the normal stop and search powers which require reasonable grounds to suspect an individual of carrying an offensive weapon (or other article). Their overall purpose is to prevent serious violence and the widespread carrying of weapons which might lead to persons being seriously injured by disarming potential offenders or finding weapons that have been used in circumstances where other powers would not be sufficient. They should not therefore be used to replace or circumvent the normal powers for dealing with routine crime problems. A particular example might be an authorisation to prevent serious violence or the carrying of offensive weapons at a sports event by rival team supporters when the expected general appearance and age range of those likely to be responsible, alone, would not be sufficiently distinctive to support reasonable suspicion (see paragraph 2.6). The purpose of the powers under section 60AA is to prevent those involved in intimidatory or violent protests using face coverings to disguise identity.

11 Authorisations under section 60 require a reasonable belief on the part of the authorising officer. This must have an objective basis, for example: intelligence or relevant information such as a history of antagonism and violence between particular groups; previous incidents of violence at, or connected with, particular events or locations; a significant increase in knife-point robberies in a limited area; reports that individuals are regularly carrying weapons in a particular locality; information following an incident in which weapons were used about where the weapons might be found or in the case of section 60AA previous incidents of crimes being committed while wearing face coverings to conceal identity.

12 It is for the authorising officer to determine the period of time during which the powers mentioned in paragraph 2.1(b) may be exercised. The officer should set the minimum period he or she considers necessary to deal with the risk of violence, the carrying of knives or offensive weapons, or to find dangerous instruments or weapons that have been used. A direction to extend the period authorised under the powers mentioned in paragraph 2.1(b) may be given only once. Thereafter further use of the powers requires a new authorisation.

13 It is for the authorising officer to determine the geographical area in which the use of the powers is to be authorised. In doing so the officer may wish to take into account factors such as the nature and venue of the anticipated incident or the incident which has taken place, the number of people who may be in the immediate area of that incident, their access to surrounding areas and the anticipated or actual level of violence. The officer should not set a geographical area which is wider than that he or she believes necessary for the purpose of preventing anticipated violence, the carrying of knives or offensive weapons, or for finding a dangerous instrument or weapon that has been used or, in the case of section 60AA, the prevention of commission of offences. It is particularly important to ensure that constables exercising such powers are fully aware of the locality within which they may be used. The officer giving the authorisation should therefore specify either the streets which form the boundary of the locality or a divisional boundary if appropriate, within the force area. If the power is to be used in response to a threat or incident that straddles police force areas, an officer from each of the forces concerned will need to give an authorisation.

14 The powers under section 11 of the Public Order Act 2023 are separate from and additional to the powers granted under section 10 of the Public Order Act 2023 which require reasonable grounds to suspect an individual of carrying an object used to commit offences in 2.40 (I-VII) (such items may include glue, locking devices, shovels etc). The overall purpose of the powers in section 11 is to prevent the carrying out of offences listed in 2.40 (I-VII). A particular example might be an authorisation to prevent protest- related offences or the carrying of prohibited items used for locking-on at a protest where the named protest group have engaged in locking-on in previous instances, at similar locations (e.g. art galleries). In these cases, an authorising officer may have been made aware of evidence or intelligence, which shows that the named protest group actively encourages members to employ locking-on as a protest tactic.

14A. Authorisations under section 11 of the Public Order Act 2023 require a reasonable belief on the part of the authorising officer. This must have an objective basis, taking into account the information known by the authorising officer at the time, for example: intelligence or relevant information such as a history of antagonism and commission of protest-related offences by specific protest groups, previous incidents of serious disruption at, or connected with, particular events or locations; a significant increase in protest- related criminal activity in a limited area; reports that individuals are regularly carrying prohibited objects in a particular locality.

14B. It is for the authorising officer to determine the period of time during which the powers mentioned in paragraph 2.40 may be exercised. The officer should set the minimum period he or she considers necessary to deal with the risk of serious disruption, the carrying of prohibited objects mentioned in 2.40 or to find objects that have been used in the course of a protest-related offence. A direction to extend the period authorised under the powers mentioned in paragraph 2.42 may be given only once. Thereafter further use of the powers requires a new authorisation.

14C. It is for the authorising officer to determine the geographical area in which the use of the powers is to be authorised. In doing so the officer may wish to take into account factors such as the nature and venue of the anticipated protest or the protest which has taken place, the number of people who may be in the immediate area of that protest, their access to surrounding areas and the anticipated or actual level of disruption. The officer should not set a geographical area which is wider than that he or she believes necessary for the purpose of preventing anticipated disruption, the commission of offences mentioned in 2.40, or the carrying of prohibited objects. It is particularly important to ensure that constables exercising such powers are fully aware of the locality within which they may be used. The officer giving the authorisation should therefore specify either the streets which form the boundary of the locality or a divisional boundary if appropriate, within the force area. If the power is to be used in response to an incident that straddles police force areas, an officer from each of the forces concerned will need to give an authorisation.

15 Where a stop and search is conducted by more than one officer the identity of all the officers engaged in the search must be recorded on the record. Nothing prevents an officer who is present but not directly involved in searching from completing the record during the course of the encounter.

16 When the search results in the person searched or in charge of a vehicle which is searched being arrested, the requirement to make the record of the search as part of the person’s custody record does not apply if the person is granted “street bail” after arrest (see section 30A of PACE) to attend a police station and is not taken in custody to the police station An arrested person’s entitlement to a copy of the search record which is made as part of their custody record does not affect their entitlement to a copy of their custody record or any other provisions of PACE Code C section 2 (Custody records).

17 It is important for monitoring purposes to specify when authority is given for exercising the stop and search power under section 60 of the Criminal Justice and Public Order Act 1994 or the stop and search power under section 11 of the Public Order Act 2023.

18 Officers should record the self-defined ethnicity of every person stopped according to the categories used in the 2001 census question listed in Annex B. The person should be asked to select one of the five main categories representing broad ethnic groups and then a more specific cultural background from within this group. The ethnic classification should be coded for recording purposes using the coding system in Annex B. An additional “Not stated” box is available but should not be offered to respondents explicitly. Officers should be aware and explain to members of the public, especially where concerns are raised, that this information is required to obtain a true picture of stop and search activity and to help improve ethnic monitoring, tackle discriminatory practice, and promote effective use of the powers. If the person gives what appears to the officer to be an “incorrect” answer (e.g. a person who appears to be white states that they are black), the officer should record the response that has been given and then record their own perception of the person’s ethnic background by using the PNC classification system. If the “Not stated” category is used the reason for this must be recorded on the form.

19 Arrangements for public scrutiny of records should take account of the right to confidentiality of those stopped and searched. Anonymised forms and/or statistics generated from records should be the focus of the examinations by members of the public. The groups that are consulted should always include children and young persons.

20 The Home Office publishes an annual statistics bulletin which analyses the data from all Forces across England and Wales. This data is provided under the powers given to the Home Secretary within the Police Act 1996. The data will include a breakdown of both suspicion led and suspicionless searches cross referenced with protected characteristics such as age, sex and ethnicity. The requirements for the data return are subject to change depending on legislative updates and agreed changes to the stop and search form from the ADR panel. The parameters of the requirement will be communicated to Forces from the Home Office.

21 In situations where it is not practicable to provide a written copy of the record or immediate access to an electronic copy of the record or a receipt of the search at the time (see paragraph 4.2A above), the officer should consider giving the person details of the station which they may attend for a copy of the record. A receipt may take the form of a simple business card which includes sufficient information to locate the record should the person ask for copy, for example, the date and place of the search, and a reference number or the name of the officer who carried out the search (unless paragraph 4.4 applies).

22 Not used.

22A Where there are concerns which make it necessary to monitor any local disproportionality, forces have discretion to direct officers to record the self-defined ethnicity of persons they request to account for themselves in a public place or who they detain with a view to searching but do not search. Guidance should be provided locally and efforts made to minimise the bureaucracy involved. Records should be closely monitored and supervised in line with paragraphs 5.1 to 5.6, and forces can suspend or re-instate recording of these encounters as appropriate.

22B A person who is asked to account for themselves should, if they request, be given information about how they can report their dissatisfaction about how they have been treated.

23 ‘Offensive weapon’ is defined as “any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by someone else”. There are three categories of offensive weapons: those made for causing injury to the person; those adapted for such a purpose; and those not so made or adapted, but carried with the intention of causing injury to the person. A firearm, as defined by section 57 of the Firearms Act 1968, would fall within the definition of offensive weapon if any of the criteria above apply.

24 Not used.

25 Not used.