GOWISELY Explained

GOWISELY is a mnemonic used by police officers and taught to law students and civil liberties practitioners to remember the information an officer must communicate at the outset of a stop and search under most statutory powers. It stands for: Grounds, Object, Warrant card, Identity, Station, Entitlement to a search record, Legal power, and You are detained for the purposes of a search. Compliance with GOWISELY is a requirement of Code A of the PACE Codes of Practice.

Grounds refers to the officer's reasons for suspecting the person carries the article being searched for. The officer must explain these reasons to the person in clear terms. Object refers to what the officer is looking for, for example a bladed article or controlled drugs. If the officer is in plain clothes, they must produce their warrant card (Warrant card) before the search begins. Identity requires the officer to give their name; if they are in uniform this satisfies the requirement, but the name should be given if asked. Station is where the officer is based, and must be given.

Entitlement to a search record: the officer must tell the person they are entitled to receive a copy of the search record. Where a record cannot be made at the time of the search, the officer must explain that the person may apply for a copy at a police station within three months. Legal power is the specific statutory authority being used, for example section 1 of PACE or section 23 of the Misuse of Drugs Act. Finally, the officer must inform the person that they are being detained for the purposes of a search, which is a short-term deprivation of liberty for a limited purpose distinct from arrest.

GOWISELY requirements do not apply to all search powers. Section 60 searches, for example, do not require grounds to be stated (since the power requires no suspicion), but officers must still identify themselves and the legal power being used. It is important to note that failure to comply with GOWISELY does not automatically render a search unlawful as a matter of criminal law, but it may found a challenge to the lawfulness of the search in civil proceedings, a complaint to the IOPC, or an application to exclude evidence obtained as a consequence of the search.