Stop and Search Powers: An Overview

Police officers in England and Wales have no general power to search a person simply because they suspect criminal activity. Every stop and search must be based on a specific statutory power, and the majority of those powers require the officer to have reasonable grounds for suspicion before the search can take place. Understanding which power is being used, and whether its conditions are met, is essential for assessing whether any particular search is lawful.

The most commonly used power is section 1 of PACE 1984, which allows a constable to search any person or vehicle in a public place where the officer has reasonable grounds to suspect they will find stolen or prohibited articles, including offensive weapons, articles for use in connection with burglary or theft, and articles with a blade or point. The officer must make a record of the search and provide the person with a copy. Code A of PACE sets out in detail what constitutes reasonable grounds for suspicion and what information must be provided to the person being searched.

Other frequently used search powers include: section 23 of the Misuse of Drugs Act 1971 (controlled drugs); section 47 of the Firearms Act 1968 (firearms); section 43 of the Terrorism Act 2000 (items which may constitute evidence of involvement in terrorism); and section 60 of the Criminal Justice and Public Order Act 1994, which is a suspicion-less power that can be authorised when violence is anticipated in a locality. Each power has its own conditions, limitations, and procedural requirements.

Officers must comply with GOWISELY when conducting any search under PACE or other statutes that attract Code A. This mnemonic sets out the information an officer must convey at the outset of a search: Grounds, Object, Warrant card (if in plain clothes), Identity, Station, Entitlement to a copy of the search record, Legal power used, and that the person is entitled to have someone Informed. Failure to comply with GOWISELY does not automatically render a search unlawful, but it may be taken into account in any challenge to its legality.