Code A: Code of Practice for the Exercise by Police Officers of Statutory Powers of Stop and Search

Code A governs the exercise of statutory stop and search powers by police officers in England and Wales. It sets out the grounds on which an officer may stop and search a person or vehicle, the information that must be given to the person being searched, and the records that must be kept. The code requires reasonable grounds for suspicion before most searches can take place. It also applies to searches carried out under exceptional powers, such as section 60 of the Criminal Justice and Public Order Act 1994, which allow searches without individual suspicion in specific circumstances authorised by a senior officer.

Key Sections

1 Principles governing stop and search: Sets out the fundamental principle that powers of stop and search must be used fairly, responsibly, and without unlawful discrimination. Officers must have reasonable grounds for suspicion that are not based on personal factors such as race, age, religion, or appearance alone.

2 Explanation of powers to stop and search: Lists the statutory powers authorising stop and search, including section 1 of PACE 1984 (stolen articles and offensive weapons), section 60 CJPOA 1994 (serious violence), and powers under the Misuse of Drugs Act 1971, Firearms Act 1968, and Terrorism Act 2000.

3 Conduct of searches: Specifies how searches must be conducted: in a public place unless otherwise authorised, with the least intrusion necessary, and without requiring a person to remove clothing in public beyond their outer coat, jacket, or gloves. Intimate searches are not permitted under general stop and search powers.

4 Recording requirements: Officers must make a written record of every stop and search, either on the spot or as soon as practicable. The record must include the grounds for the search, the person's self-defined ethnicity, the outcome, and the officer's identification. A copy must be given to the person searched on request.

5 Monitoring and supervising: Supervisors must monitor the use of stop and search powers within their area to ensure they are exercised lawfully and without discrimination. Forces must publish data on stops and searches broken down by ethnicity and outcome.

1.1 Reasonable grounds for suspicion: Reasonable suspicion must be based on objective factors: something seen, heard, or known about the person or their behaviour, combined with reliable intelligence or information. Stereotypical assumptions about people based on protected characteristics can never constitute reasonable grounds.

3.8 Information to be given before a search: Before a search begins, the officer must state their name and police station, the legal power being used, the object of the search, the grounds for suspicion, and the person's entitlement to a copy of the search record. This is often summarised as the GOWISELY mnemonic.