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 PACE | Section 60 CJPOA 1994 | |
|---|---|---|
| Legal basis | Police and Criminal Evidence Act 1984 s.1 | Criminal Justice and Public Order Act 1994 s.60 |
| Reasonable grounds required | Yes: the officer must have reasonable grounds to suspect the individual carries stolen articles or articles for use in certain offences | No: once an authorisation is in place, any person or vehicle in the area may be searched without individual suspicion |
| Who authorises | The individual constable makes the decision based on the circumstances they observe | An inspector or above (original power; superintendent for 24-hour extension) must authorise the area and time |
| What can be searched for | Stolen articles, offensive weapons, articles for use in burglary, theft, taking vehicles, or obtaining property by deception | Offensive weapons and dangerous instruments |
| Duration | No time limit on the use of the power, but each search must be justified at the time it is conducted | Authorisation may be for up to 24 hours, extendable by a further 24 hours by an inspector |
| Geographical scope | Can 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 |
| Scrutiny | Subject to audit against PACE Code A; individual searches can be challenged | Subject 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
