What is Stop and Search of persons on the Street? What are the suspects Rights?

Ever been stopped by the police, searched and then sent on your way?

Stop and Account.

First of all, let us clear up a little matter: Is Stop and Account the same thing as Stop and Search? No. Stop and Account does not need a specific power. Stop and Account can be used at any time. As there is no specific power – an officer can approach person and speak to them anytime – the police have no power to detain a person in order to talk to them, or ask questions. A person does not have to stop and answer any questions – they cannot be arrested.

The Police can only Stop and Search a person or persons on the street if they have the power to do so. Where does that power come from? Well, the short answer is Parliament. It is the role of Parliament to make law. Therefore, it makes laws that govern the police and their powers to investigate potential crime without undue disruption of the citizens daily life……or that is the theory! These powers come in the form of Acts of Parliament. The main Act of Parliament relating to Stop and Search powers is The Police and Criminal Evidence Act 1984, Section 1. There are other Acts that also cover this area, some of which do not need the reasonable suspicion that PACE S1 does:

Misuse of Drugs Act 1971, section 23.

Criminal Justice and Public Order Act 1994, Section 60.

Terrorism Act 2000

Anti-Terrorism Crime and Security Act 2001

Sporting Events (Control of Alcohol) Act 1985

(This is not an exhaustive list)

Concentrating on PACE we find that a person (or vehicle) CAN be stopped on the street if the police have reasonable grounds to do so. They must have reasonable grounds for suspicion that the person stopped is carrying stolen goods or prohibited articles. PACE is very clear on what is a stolen good or prohibited article: Prohibited articles can be offensive weapons or articles which could be used to steal or commit crime/criminal damage. It also includes knives, points, blades and fireworks. The police also have the power under this section to detain and search a person if they reasonably suspect they will find such goods. If goods are found then the suspect can be arrested, if nothing is found there is no reason to detain that person further.

Therefore, there are crucial differences between the two situations.

A person (or vehicle) can also be stopped and searched if the police have reasonable grounds for suspicion that the person is in possession of a controlled drug. They do have the power to do so and detain that person under The Misuse of Drugs Act 1971 for that search. Whilst the Act itself does not refer to “the smell of cannabis” being reasonable grounds by itself, it is good/required practice for Officers to have evidence of at least two other factors, e.g. admission of guilt, being seen using, attempts to hide or discard an object or intelligence, before they search.

The next question we must ask ourselves is what are “reasonable grounds” then? Reasonable grounds must be based on objective factors. The officer must have a genuine suspicion that they will find the object (as referred to in S1 PACE), that suspicion must be founded on an objective basis e.g. facts, intelligence, details pointing to the fact that the object will be found. And in fact, a “reasonable person” would reach the same conclusion. These requirements are found in PACE, CODE A.

Code A requires that powers to stop and search must be used fairly, responsibly, with respect and without unlawful discrimination. The requirement of reasonable suspicion is to protect individuals from random stops and searches without proper grounds.

Code A gives guidance on reasonable grounds:

• Each case must be dealt with individually
• There must be an objective basis for the suspicion
• Reasonable suspicion can never be supported on the basis of personal factors alone, for example age, race, religion, appearance, stereotypical image, previous convictions etc.
• Reasonable suspicion CAN be based on a person’s behaviour.

There are also rules about how the process of Stop and Search must be carried out “physically” if a suspect is to be searched the officer must identify themselves and their station and if not in uniform, show identification. They must also state the power they are using, why the suspect is being detained, the grounds for the stop and search and what they are looking for (the object of the search). The suspect must be told of their right to a copy of the record.

During a search only certain types of clothing can be removed:

A Jacket, outer coat and gloves. If a more thorough search is needed, e,g, taking off a T shirt, it must be done out of public view. If more than jacket, coat and gloves are to be removed the search can only be carried out by an officer of the same sex. Any intimate search must take place at a nearby Police Station or other appropriate location out of public view.

See our next blog for more information on Stop and Search.