Policing.uk

Section 1 PACE vs section 60 CJPOA stop and search

Section 1 PACE versus Section 60 CJPOA 1994

Both are powers to stop and search in a public place, but they have very different thresholds and use cases. Section 1 requires individual suspicion; section 60 is a geographical authorisation without the need for individual suspicion.

Side by side

Section 1 PACESection 60 CJPOA 1994
Legal basisPolice and Criminal Evidence Act 1984 s.1Criminal Justice and Public Order Act 1994 s.60
Reasonable grounds requiredYes: the officer must have reasonable grounds to suspect the individual carries stolen articles or articles for use in certain offencesNo: once an authorisation is in place, any person or vehicle in the area may be searched without individual suspicion
Who authorisesThe individual constable makes the decision based on the circumstances they observeAn inspector or above (original power; superintendent for 24-hour extension) must authorise the area and time
What can be searched forStolen articles, offensive weapons, articles for use in burglary, theft, taking vehicles, or obtaining property by deceptionOffensive weapons and dangerous instruments
DurationNo time limit on the use of the power, but each search must be justified at the time it is conductedAuthorisation may be for up to 24 hours, extendable by a further 24 hours by an inspector
Geographical scopeCan be used anywhere in a public place within the officer's force area (or area for which the power exists)Limited to the locality specified in the authorisation
ScrutinySubject to audit against PACE Code A; individual searches can be challengedSubject to particular scrutiny for disproportionate use against Black and minority ethnic groups; authorisations are monitored by HMICFRS

Which applies

Section 60 removes the safeguard of individual suspicion and should be used only where there is a credible intelligence basis for believing serious violence may occur in the specified area. Its use must be strictly controlled and reviewed at senior officer level. Both section 1 and section 60 searches must follow the GOWISELY procedure and be recorded. The College of Policing has published authorised professional practice on the use of both powers.

Last updated 24 September 2026