The Law and You: Stop and Search
All this October in The LINC Online's Articles section, we'll be looking at The Law and You, with our guides to how the law can affect you as a young person.
In this article, we look at Stop and Search.
Why is it done?
Stop and Search can help the police detect crime and make communities safer.
Who can stop you?
• A police officer
• A police community support officer
A police community support office must be in uniform. A police officer does not have to be in uniform but if they are not, they must show you their identity card.
You should not be stopped and searched just because of:
• your age, race, gender, sexual
orientation, disability, religion or faith
• the way you look or dress
• the language you speak
• A crime you've commited in the past
If you believe you have been stopped or searched for any of these reasons you can complain.
What is a ‘stop’?
A ‘stop’ is when a police officer or police community support officer stops you and asks you to tell them:
• what you are doing
• why you are in an area or where you are going
• what you are carrying
What is a ‘stop and search’?
This is when a police officer stops you and searches you, your clothes, and anything you are carrying.
Only a police officer (not a police community support officer) can search you.
You can only be stopped and searched if a police officer has good reason to suspect you are carrying:
• drugs
• weapons
• stolen property
• any items which could be used to commit a crime, an act of terrorism, or to cause criminal damage
This good reason should be based on facts, information or intelligence or could be because of the way you are behaving.
There are a few times when police officers can search anyone in a certain area, for example:
• when there is evidence that serious violence could take place there
• if there has been a terrorist threat in a certain area
If this is the reason the officer should explain this to you and must be searching for items which could be used in connection with violence or terrorism.
Where can I be stopped and searched?
• In a public place
• Anywhere if the police believe you have committed a crime
What if I am in a vehicle?
The police can search your vehicle if they have good reason to think it contains:
• stolen goods
• drugs
• weapons
Your right to a form
If you are stopped or searched the officer must fill in a form saying why you were stopped or searched and give you a copy.
Sometimes when a police officer or police community support officer talks to you it will not count as a ‘stop’.
For example if the officer is:
• looking for witnesses
• asks you for general information about an incident
• is giving you directions
In these situations the officer would not normally fill in a form, but if you want them to do so you can ask for this to happen.
How can I complain?
If you are unhappy with how you were treated during a stop or search, you can complain. It will help if you keep hold of the form the police give you.
You can get advice from or complain to:
• a police station
• your local police authority
• a Citizen’s Advice Bureau
• the Independent Police Complaints Commission
• a solicitor
This is only a guide to stop and search procedures. It does not cover all of the law.
Image: Stop and search zone by As_One / CC BY-NC-SA 3.0