Policing.uk
Stop and search vs stop and account
Stop and search versus Stop and account
Both encounters involve a police officer interacting with a member of the public in a public place, but they are fundamentally different in terms of legal powers, obligations, and the rights of the person involved.
Side by side
| Stop and search | Stop and account | |
|---|---|---|
| Legal basis | Statutory power, principally section 1 PACE or section 60 CJPOA 1994 (and other specific powers) | No statutory power to detain; purely voluntary. The officer may ask questions; the person may decline and leave |
| Power to detain | The person is legally detained for the purpose of the search and is not free to leave | The person is not detained. They are free to leave at any time |
| Reasonable grounds required | Yes, for section 1 PACE. Section 60 suspicion-free but requires an area authorisation | No reasonable grounds required; the officer may ask anyone to account for themselves |
| Mandatory information (GOWISELY) | Officer must provide all eight elements of GOWISELY before or during the search | No statutory obligation to provide GOWISELY elements, though officers should still identify themselves |
| Record keeping | A search record must be created and the person is entitled to a copy within 3 months (Code A, para 3.8(e)) | No mandatory national recording requirement, though some forces have local policies |
| What can be examined | Outer clothing without consent; items in pockets; may require removal of coat and gloves in public | No examination or touching of the person or their property |
| Escalation | May lead to arrest if a prohibited article is found or offence is disclosed | If the officer forms reasonable grounds during the encounter, a search or arrest may follow |
Which applies
Officers should be careful not to present a stop and account as a detention. If the person asks whether they are free to leave, the officer must answer honestly. Treating a voluntary encounter as a compulsory one risks rendering any subsequent evidence inadmissible and may give rise to a complaint or civil claim. Where an officer genuinely has reasonable grounds to search, they should use the appropriate statutory power.
Last updated 24 September 2026