Routine Check? Stop and Search – your rights

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Routine Check? Stop and Search – your rights

The police have a range of statutory powers of stop and search available to them. Most, but not all of these powers require an officer to have reasonable grounds for suspicion that an unlawful item is being carried.

The powers available to the police allow them to detain a person who is not under arrest in order to search them or their vehicle for an unlawful item.

Powers to stop and search must be used fairly, responsibly, with respect for people being searched and without unlawful discrimination.

Why might I be stopped and searched?

A police officer has powers to stop and search you if they suspect you’re carrying:

  • drugs
  • weapons
  • stolen property
  • something which could be used to commit a crime

Can I refuse to be stopped and searched?

Speak to the officer if you are unclear as to the reasons for the stop and search or you feel as if your rights are being infringed. The law gives the police authority to stop and search, the process is not voluntary, you cannot refuse. 

Who can stop and search me?

A police officer or a police community support officer (PSCO) can stop and search you. A PSCO must be in uniform. A police officer does not have to be in uniform but if they are not wearing uniform they must show you their identification.

Can I refuse to give my details to the police?

Sometimes officers may just want to stop you to ask you:

  • what you are doing
  • where you have been
  • where you are going
  • what you are carrying
  • This is not a stop and search and you do not have to answer their questions.

If you are being stopped and searched the police officer will ask you for your name, address and date of birth. You do not have to give this information if you do not want to, unless the officer says they are reporting you for an offence.

What happens during a police stop and search?

When a police officer stops and searches you they must identify themselves to you, tell you that you are being detained for the purposes of the search, what powers they are using, the details of what item(s) they are searching for and explain their reasonable grounds for suspicion.

They must make a record of the search and provide you with a receipt.

The police can ask you for your personal details. You do not have to provide those.

If you refuse to be stopped and searched the police can search you by force.

The police can ask you to take off your coat, jacket or gloves. They can ask you to remove other clothing or anything you are wearing for religious reasons however if they do this, they must take you somewhere out of public view. If the officer wants to remove these extra items of clothing they must be the same sex as you.

What should I do if I am stopped and searched?

  • Remain calm, remember you are not under arrest.
  • Do not refuse to be stopped and/or searched. If you refuse the officer can use reasonable force.
  • Do not be afraid to ask questions if you think your rights are being infringed. ​​​​​
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