Section 60 Stop and Search Powers

Section 60 of the Criminal Justice and Public Order Act 1994 is a significant departure from the general principle that stop and search requires reasonable grounds for suspicion. It is a "suspicion-free" power: once a section 60 authorisation is in place, any officer in the relevant area can stop and search any person or vehicle without any grounds for suspecting that person of carrying a weapon or dangerous instrument. This makes it a powerful operational tool, but also a controversial one.

A section 60 authorisation can only be given by an officer of at least the rank of inspector (although a superintendent must confirm or cancel the authorisation as soon as practicable). The authorising officer must reasonably believe that: incidents involving serious violence may take place in any locality in the officer's police area; or that persons are carrying dangerous instruments or offensive weapons in any locality in the officer's police area. The authorisation designates the area within which the power may be exercised and specifies its duration, which cannot exceed 24 hours initially, though it can be extended by a superintendent for a further 24 hours if violence is imminent.

When carrying out a section 60 search, officers must still inform the person of the legal power being used, their name and station, and the person's entitlement to a search record. The object of the search under section 60 is dangerous instruments (articles with a blade or sharp point) and offensive weapons (including articles adapted or intended to cause injury). Officers cannot search for drugs, stolen goods, or other items under section 60; a separate power would need to be invoked.

Concerns about disproportionate use of section 60 on Black and minority ethnic communities have been well-documented and debated. Data consistently shows that Black individuals are far more likely to be stopped under section 60 than white individuals. The former Home Secretary Theresa May's 2014 Best Use of Stop and Search scheme required forces to raise the authorisation threshold and to reduce the duration of authorisations, and these reforms reduced the overall volume of section 60 searches. Section 60AA, inserted by section 25 of the Crime and Disorder Act 1998, additionally allows officers in a section 60 area to require the removal of face coverings that they reasonably believe are being worn wholly or mainly to conceal identity.