The Hidden!: Revised code of practice for the exercise by: Police Officers of Statutory Powers of stop and search Police Officers and Police Staff of requirements to record public encounters Police and Criminal Evidence Act 1984 (PACE)

22 Jan 2019

Revised code of practice for the exercise by: Police Officers of Statutory Powers of stop and search Police Officers and Police Staff of requirements to record public encounters Police and Criminal Evidence Act 1984 (PACE) – Code A

Revised code of practice for the exercise by: Police Officers of Statutory Powers of stop and search Police Officers and Police Staff of requirements to record public encounters Police and Criminal Evidence Act 1984 (PACE) – Code A

Revised code of practice for the exercise

by: Police Officers of Statutory Powers

of stop and search

Police Officers and Police Staff of

requirements to record public encounters

Police and Criminal Evidence Act 1984

(PACE) – Code A

December 2014

Revised code of practice for the exercise

by: Police Officers of Statutory Powers

of stop and search

Police Officers and Police Staff of

requirements to record public encounters

Police and Criminal Evidence Act 1984

(PACE) – Code A

Presented to Parliament pursuant to section 67(7B) of the

Police and Criminal Evidence Act 1984

December 2014

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CODE OF PRACTICE FOR THE EXERCISE BY:

POLICE OFFICERS OF STATUTORY POWERS OF STOP AND SEARCH

POLICE OFFICERS AND POLICE STAFF OF REQUIREMENTS TO RECORD

PUBLIC ENCOUNTERS

Commencement - Transitional Arrangements

This code applies to any search by a police officer and the recording of public

encounters taking place after 00.00, twenty-one days after The Police and Criminal

Evidence Act 1984 (Codes of Practice) (Revision of Code A) Order 2015

is made.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

Contents

1.0 General.................................................................................................................4

1 Principles governing stop and search..............................................................4

2 Types of stop and search powers .....................................................................5

(a) Stop and search powers requiring reasonable grounds for suspicion –

explanation.....................................................................................................5

General ..........................................................................................................5

Personal factors can never support reasonable grounds for suspicion..........6

Reasonable grounds for suspicion based on information and/or intelligence 6

Reasonable grounds for suspicion and searching groups .............................7

Reasonable grounds for suspicion based on behaviour, time and location ...7

Securing public confidence and promoting community relations ...................7

Questioning to decide whether to carry out a search .....................................8

(b) Searches authorised under section 60 of the Criminal Justice and Public

Order Act 1994...............................................................................................8

Powers to require removal of face coverings .................................................9

(d) Searches under Schedule 5 to the Terrorism Prevention and Investigation

Measures Act 2011 ......................................................................................10

(e) Powers to search persons in the exercise of a power to search premises ..11

3 Conduct of searches ........................................................................................11

Steps to be taken prior to a search .....................................................................12

4 Recording requirements ..................................................................................13

(a) Searches which do not result in an arrest ....................................................13

(b) Searches which result in an arrest ...............................................................14

Recording of encounters not governed by statutory powers ..............................15

5 Monitoring and supervising the use of stop and search powers.................16

General...............................................................................................................16

Suspected misuse of powers by individual officers ............................................16

Notes for guidance ...................................................................................................16

Officers exercising stop and search powers .......................................................16

Authorising officers .............................................................................................18

Recording ...........................................................................................................19

Definition of offensive weapon ............................................................................20

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

ANNEX A SUMMARY OF MAIN STOP AND SEARCH POWERS TO WHICH

CODE A APPLIES ..................................................................................21

ANNEX B SELF-DEFINED ETHNIC CLASSIFICATION CATEGORIES ................23

ANNEX C SUMMARY OF POWERS OF COMMUNITY SUPPORT OFFICERS TO

SEARCH AND SEIZE .............................................................................24

1. Not used.......................................................................................................24

2. Powers to search requiring the consent of the person and seizure .............24

3. Powers to search not requiring the consent of the person and seizure .......24

4. Powers to seize without consent ..................................................................25

ANNEX D – Deleted. .................................................................................................25

ANNEX E – Deleted. .................................................................................................25

ANNEX F ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF

SEARCHING ...........................................................................................25

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

1.0 General

1.01 This code of practice must be readily available at all police stations for consultation by

police officers, police staff, detained persons and members of the public.

1.02 The notes for guidance included are not provisions of this code, but are guidance to police

officers and others about its application and interpretation. Provisions in the annexes to the

code are provisions of this code.

1.03 This code governs the exercise by police officers of statutory powers to search a person or

a vehicle without first making an arrest. The main stop and search powers to which this

code applies are set out in Annex A, but that list should not be regarded as definitive (see

Note 1). In addition, it covers requirements on police officers and police staff to record

encounters not governed by statutory powers (see paragraphs 2.11 and 4.12). This code

does not apply to:

(a) the powers of stop and search under:

(i) the Aviation Security Act 1982, section 27(2), and

(ii) the Police and Criminal Evidence Act 1984 (PACE), section 6(1) (which relates

specifically to powers of constables employed by statutory undertakers on the

premises of the statutory undertakers);

(b) searches carried out for the purposes of examination under Schedule 7 to the

Terrorism Act 2000 and to which the Code of Practice issued under paragraph 6 of

Schedule 14 to the Terrorism Act 2000 applies.

locations to which the Code of Practice issued under section 47AB of the Terrorism Act

2000 applies.

1 Principles governing stop and search

1.1 Powers to stop and search must be used fairly, responsibly, with respect for people being

searched and without unlawful discrimination. Under the Equality Act 2010, section 149,

when police officers are carrying out their functions, they also have a duty to have due

regard to the need to eliminate unlawful discrimination, harassment and victimisation, to

advance equality of opportunity between people who share a ‘relevant protected

characteristic’ and people who do not share it, and to take steps to foster good relations

between those persons (see Notes 1 and 1A). The Children Act 2004, section 11, also

requires chief police officers and other specified persons and bodies to ensure that in the

discharge of their functions they have regard to the need to safeguard and promote the

welfare of all persons under the age of 18.

1.2 The intrusion on the liberty of the person stopped or searched must be brief and detention

for the purposes of a search must take place at or near the location of the stop.

1.3 If these fundamental principles are not observed the use of powers to stop and search may

be drawn into question. Failure to use the powers in the proper manner reduces their

effectiveness. Stop and search can play an important role in the detection and prevention

of crime, and using the powers fairly makes them more effective.

1.4 The primary purpose of stop and search powers is to enable officers to allay or confirm

suspicions about individuals without exercising their power of arrest. Officers may be

required to justify the use or authorisation of such powers, in relation both to individual

searches and the overall pattern of their activity in this regard, to their supervisory officers

or in court. Any misuse of the powers is likely to be harmful to policing and lead to mistrust

of the police. Officers must also be able to explain their actions to the member of the public

searched. The misuse of these powers can lead to disciplinary action (see paragraphs 5.5

and 5.6).

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

1.5 An officer must not search a person, even with his or her consent, where no power to

search is applicable. Even where a person is prepared to submit to a search voluntarily,

the person must not be searched unless the necessary legal power exists, and the search

must be in accordance with the relevant power and the provisions of this Code. The only

exception, where an officer does not require a specific power, applies to searches of

persons entering sports grounds or other premises carried out with their consent given as a

condition of entry.

1.6 Evidence obtained from a search to which this Code applies may be open to challenge if

the provisions of this Code are not observed.

2 Types of stop and search powers

2.1 This code applies, subject to paragraph 1.03, to powers of stop and search as follows:

(a) powers which require reasonable grounds for suspicion, before they may be exercised;

that articles unlawfully obtained or possessed are being carried such as section 1 of

PACE for stolen and prohibited articles and section 23 of the Misuse of Drugs Act 1971

for controlled drugs;

(b) authorised under section 60 of the Criminal Justice and Public Order Act 1994, based

upon a reasonable belief that incidents involving serious violence may take place or

that people are carrying dangerous instruments or offensive weapons within any

locality in the police area, or that it is expedient to use the powers to find such

instruments or weapons that have been used in incidents of serious violence;

(d) the powers in Schedule 5 to the Terrorism Prevention and Investigation Measures

(TPIM) Act 2011 to search an individual who has not been arrested, conferred by:

(i) paragraph 6(2)(a) at the time of serving a TPIM notice;

(ii) paragraph 8(2)(a) under a search warrant for compliance purposes; and

(iii) paragraph 10 for public safety purposes.

See paragraph 2.18A.

(e) powers to search a person who has not been arrested in the exercise of a power to

search premises (see Code B paragraph 2.4).

(a) Stop and search powers requiring reasonable grounds for suspicion –

explanation

General

2.2 Reasonable grounds for suspicion is the legal test which a police officer must satisfy before

they can stop and detain individuals or vehicles to search them under powers such as

section 1 of PACE (to find stolen or prohibited articles) and section 23 of the Misuse of

Drugs Act 1971 (to find controlled drugs). This test must be applied to the particular

circumstances in each case and is in two parts:

(i) Firstly, the officer must have formed a genuine suspicion in their own mind that they will

find the object for which the search power being exercised allows them to search (see

Annex A, second column, for examples); and

(ii) Secondly, the suspicion that the object will be found must be reasonable. This means

that there must be an objective basis for that suspicion based on facts, information

and/or intelligence which are relevant to the likelihood that the object in question will be

found, so that a reasonable person would be entitled to reach the same conclusion

based on the same facts and information and/or intelligence.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

Officers must therefore be able to explain the basis for their suspicion by reference to

intelligence or information about, or some specific behaviour by, the person concerned (see

paragraphs 3.8(d), 4.6 and 5.5).

2.2A The exercise of these stop and search powers depends on the likelihood that the person

searched is in possession of an item for which they may be searched; it does not depend

on the person concerned being suspected of committing an offence in relation to the object

of the search. A police officer who has reasonable grounds to suspect that a person is in

innocent possession of a stolen or prohibited article, controlled drug or other item for which

the officer is empowered to search, may stop and search the person even though there

would be no power of arrest. This would apply when a child under the age of criminal

responsibility (10 years) is suspected of carrying any such item, even if they knew they had

it. (See Notes 1B and 1BA.)

Personal factors can never support reasonable grounds for suspicion

2.2B Reasonable suspicion can never be supported on the basis of personal factors. This

means that unless the police have information or intelligence which provides a description

of a person suspected of carrying an article for which there is a power to stop and search,

the following cannot be used, alone or in combination with each other, or in combination

with any other factor, as the reason for stopping and searching any individual, including any

vehicle which they are driving or are being carried in:

(a) A person’s physical appearance with regard, for example, to any of the ‘relevant

protected characteristics’ set out in the Equality Act 2010, section 149, which are age,

disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex

and sexual orientation (see paragraph 1.1 and Note 1A), or the fact that the person is

known to have a previous conviction; and

(b) Generalisations or stereotypical images that certain groups or categories of people are

more likely to be involved in criminal activity.

2.3 Not used.

Reasonable grounds for suspicion based on information and/or intelligence

2.4 Reasonable grounds for suspicion should normally be linked to accurate and current

intelligence or information, relating to articles for which there is a power to stop and search,

being carried by individuals or being in vehicles in any locality. This would include reports

from members of the public or other officers describing:

• a person who has been seen carrying such an article or a vehicle in which such an

article has been seen.

• crimes committed in relation to which such an article would constitute relevant evidence,

for example, property stolen in a theft or burglary, an offensive weapon or bladed or

sharply pointed article used to assault or threaten someone or an article used to cause

criminal damage to property.

2.4A Searches based on accurate and current intelligence or information are more likely to be

effective. Targeting searches in a particular area at specified crime problems not only

increases their effectiveness but also minimises inconvenience to law-abiding members of

the public. It also helps in justifying the use of searches both to those who are searched

and to the public. This does not, however, prevent stop and search powers being exercised

in other locations where such powers may be exercised and reasonable suspicion exists.

2.5 Not used.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

Reasonable grounds for suspicion and searching groups

2.6 Where there is reliable information or intelligence that members of a group or gang

habitually carry knives unlawfully or weapons or controlled drugs, and wear a distinctive

item of clothing or other means of identification in order to identify themselves as members

of that group or gang, that distinctive item of clothing or other means of identification may

provide reasonable grounds to stop and search any person believed to be a member of that

group or gang. (See Note 9.)

2.6A A similar approach would apply to particular organised protest groups where there is

reliable information or intelligence:

(a) that the group in question arranges meetings and marches to which one or more

members bring articles intended to be used to cause criminal damage and/or injury to

others in support of the group’s aims;

(b) that at one or more previous meetings or marches arranged by that group, such articles

have been used and resulted in damage and/or injury; and

brought with them such articles with similar intentions

These circumstances may provide reasonable grounds to stop and search any members of

the group to find such articles (see Note 9A). See also paragraphs 2.12 to 2.18, “Searches

authorised under section 60 of the Criminal Justice and Public Order Act 1994”, when

serious violence is anticipated at meetings and marches.

Reasonable grounds for suspicion based on behaviour, time and location

2.6B Reasonable suspicion may also exist without specific information or intelligence and on the

basis of the behaviour of a person. For example, if an officer encounters someone on the

street at night who is obviously trying to hide something, the officer may (depending on the

other surrounding circumstances) base such suspicion on the fact that this kind of

behaviour is often linked to stolen or prohibited articles being carried. An officer who forms

the opinion that a person is acting suspiciously or that they appear to be nervous must be

able to explain, with reference to specific aspects of the person’s behaviour or conduct

which they have observed, why they formed that opinion (see paragraphs 3.8(d) and 5.5).

A hunch or instinct which cannot be explained or justified to an objective observer can

never amount to reasonable grounds.

2.7 Not used.

2.8 Not used.

Securing public confidence and promoting community relations

2.8A All police officers must recognise that searches are more likely to be effective, legitimate

and secure public confidence when their reasonable grounds for suspicion are based on a

range of objective factors. The overall use of these powers is more likely to be effective

when up-to-date and accurate intelligence or information is communicated to officers and

they are well-informed about local crime patterns. Local senior officers have a duty to

ensure that those under their command who exercise stop and search powers have access

to such information, and the officers exercising the powers have a duty to acquaint

themselves with that information (see paragraphs 5.1 to 5.6).

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

Questioning to decide whether to carry out a search

2.9 An officer who has reasonable grounds for suspicion may detain the person concerned in

order to carry out a search. Before carrying out the search the officer may ask questions

about the person’s behaviour or presence in circumstances which gave rise to the

suspicion. As a result of questioning the detained person, the reasonable grounds for

suspicion necessary to detain that person may be confirmed or, because of a satisfactory

explanation, be dispelled. (See Notes 2 and 3.) Questioning may also reveal reasonable

grounds to suspect the possession of a different kind of unlawful article from that originally

suspected. Reasonable grounds for suspicion however cannot be provided retrospectively

by such questioning during a person’s detention or by refusal to answer any questions

asked.

2.10 If, as a result of questioning before a search, or other circumstances which come to the

attention of the officer, there cease to be reasonable grounds for suspecting that an article

of a kind for which there is a power to stop and search is being carried, no search may take

place. (See Note 3.) In the absence of any other lawful power to detain, the person is free

to leave at will and must be so informed.

2.11 There is no power to stop or detain a person in order to find grounds for a search. Police

officers have many encounters with members of the public which do not involve detaining

people against their will and do not require any statutory power for an officer to speak to a

person (see paragraph 4.12 and Note 1). However, if reasonable grounds for suspicion

emerge during such an encounter, the officer may detain the person to search them, even

though no grounds existed when the encounter began. As soon as detention begins, and

before searching, the officer must inform the person that they are being detained for the

purpose of a search and take action in accordance with paragraphs 3.8 to 3.11 under

“Steps to be taken prior to a search”.

(b) Searches authorised under section 60 of the Criminal Justice and Public Order

Act 1994

2.12 Authority for a constable in uniform to stop and search under section 60 of the Criminal

Justice and Public Order Act 1994 may be given if the authorising officer reasonably

believes:

(a) that incidents involving serious violence may take place in any locality in the officer’s

police area, and it is expedient to use these powers to prevent their occurrence;

(b) that persons are carrying dangerous instruments or offensive weapons without good

reason in any locality in the officer’s police area; or

dangerous instrument or offensive weapon used in the incident is being carried by a

person in any locality in that police area, and it is expedient to use these powers to find

that instrument or weapon.

2.13 An authorisation under section 60 may only be given by an officer of the rank of inspector or

above and in writing, or orally if paragraph 2.12(c) applies and it is not practicable to give

the authorisation in writing. The authorisation (whether written or oral) must specify the

grounds on which it was given, the locality in which the powers may be exercised and the

period of time for which they are in force. The period authorised shall be no longer than

appears reasonably necessary to prevent, or seek to prevent incidents of serious violence,

or to deal with the problem of carrying dangerous instruments or offensive weapons or to

find a dangerous instrument or offensive weapon that has been used. It may not exceed 24

hours. An oral authorisation given where paragraph 2.12(c) applies must be recorded in

writing as soon as practicable. (See Notes 10 to 13.)

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

2.14 An inspector who gives an authorisation must, as soon as practicable, inform an officer of

or above the rank of superintendent. This officer may direct that the authorisation shall be

extended for a further 24 hours, if violence or the carrying of dangerous instruments or

offensive weapons has occurred, or is suspected to have occurred, and the continued use

of the powers is considered necessary to prevent or deal with further such activity or to find

a dangerous instrument or offensive weapon used that has been used. That direction must

be given in writing unless it is not practicable to do so, in which case it must be recorded in

writing as soon as practicable afterwards. (See Note 12.)

2.14A The selection of persons and vehicles under section 60 to be stopped and, if appropriate,

searched should reflect an objective assessment of the nature of the incident or weapon in

question and the individuals and vehicles thought likely to be associated with that incident

or those weapons (see Notes 10 and 11). The powers must not be used to stop and search

persons and vehicles for reasons unconnected with the purpose of the authorisation. When

selecting persons and vehicles to be stopped in response to a specific threat or incident,

officers must take care not to discriminate unlawfully against anyone on the grounds of any

of the protected characteristics set out in the Equality Act 2010. (See paragraph 1.1.)

2.14B The driver of a vehicle which is stopped under section 60 and any person who is searched

under section 60 are entitled to a written statement to that effect if they apply within twelve

months from the day the vehicle was stopped or the person was searched. This statement

is a record which states that the vehicle was stopped or (as the case may be) that the

person was searched under section 60 and it may form part of the search record or be

supplied as a separate record.

Powers to require removal of face coverings

2.15 Section 60AA of the Criminal Justice and Public Order Act 1994 also provides a power to

demand the removal of disguises. The officer exercising the power must reasonably

believe that someone is wearing an item wholly or mainly for the purpose of concealing

identity. There is also a power to seize such items where the officer believes that a person

intends to wear them for this purpose. There is no power to stop and search for disguises.

An officer may seize any such item which is discovered when exercising a power of search

for something else, or which is being carried, and which the officer reasonably believes is

intended to be used for concealing anyone’s identity. This power can only be used if an

authorisation given under section 60 or under section 60AA, is in force. (See Note 4.)

2.16 Authority under section 60AA for a constable in uniform to require the removal of disguises

and to seize them may be given if the authorising officer reasonably believes that activities

may take place in any locality in the officer’s police area that are likely to involve the

commission of offences and it is expedient to use these powers to prevent or control these

activities.

2.17 An authorisation under section 60AA may only be given by an officer of the rank of

inspector or above, in writing, specifying the grounds on which it was given, the locality in

which the powers may be exercised and the period of time for which they are in force. The

period authorised shall be no longer than appears reasonably necessary to prevent, or seek

to prevent the commission of offences. It may not exceed 24 hours. (See Notes 10 to 13.)

2.18 An inspector who gives an authorisation must, as soon as practicable, inform an officer of

or above the rank of superintendent. This officer may direct that the authorisation shall be

extended for a further 24 hours, if crimes have been committed, or are suspected to have

been committed, and the continued use of the powers is considered necessary to prevent

or deal with further such activity. This direction must also be given in writing at the time or

as soon as practicable afterwards. (See Note 12.)

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

(d) Searches under Schedule 5 to the Terrorism Prevention and Investigation

Measures Act 2011

2.18A Paragraph 3 of Schedule 5 to the TPIM Act 2011 allows a constable to detain an individual

to be searched under the following powers:

(i) paragraph 6(2)(a) when a TPIM notice is being, or has just been, served on the

individual for the purpose of ascertaining whether there is anything on the individual

that contravenes measures specified in the notice;

(ii) paragraph 8(2)(a) in accordance with a warrant to search the individual issued by a

justice of the peace in England and Wales, a sheriff in Scotland or a lay magistrate in

Northern Ireland who is satisfied that a search is necessary for the purpose of

determining whether an individual in respect of whom a TPIM notice is in force is

complying with measures specified in the notice (see paragraph 2.20); and

(iii) paragraph 10 to ascertain whether an individual in respect of whom a TPIM notice is in

force is in possession of anything that could be used to threaten or harm any person.

See paragraph 2.1(e).

2.19 The exercise of the powers mentioned in paragraph 2.18A does not require the constable

to have reasonable grounds to suspect that the individual:

(a) has been, or is, contravening any of the measures specified in the TPIM notice; or

(b) has on them anything which:

• in the case of the power in sub-paragraph (i), contravenes measures specified in the

TPIM notice;

• in the case of the power in sub-paragraph (ii) is not complying with measures

specified in the TPIM notice; or

• in the case of the power in sub-paragraph (iii), could be used to threaten or harm

any person.

2.20 A search of an individual on warrant under the power mentioned in paragraph 2.18A(ii)

must carried out within 28 days of the issue of the warrant and:

• the individual may be searched on one occasion only within that period;

• the search must take place at a reasonable hour unless it appears that this would

frustrate the purposes of the search.

2.21 Not used.

2.22 Not used.

2.23 Not used.

2.24 Not used.

2.24A Not used.

2.25 Not used.

2.26 The powers under Schedule 5 allow a constable to conduct a search of an individual only

for specified purposes relating to a TPIM notice as set out above. However, anything found

may be seized and retained if there are reasonable grounds for believing that it is or it

contains evidence of any offence for use at a trial for that offence or to prevent it being

concealed, lost, damaged, altered, or destroyed. However, this would not prevent a search

being carried out under other search powers if, in the course of exercising these powers,

the officer formed reasonable grounds for suspicion.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

(e) Powers to search persons in the exercise of a power to search premises

2.27 The following powers to search premises also authorise the search of a person, not under

arrest, who is found on the premises during the course of the search:

(a) section 139B of the Criminal Justice Act 1988 under which a constable may enter

school premises and search the premises and any person on those premises for any

bladed or pointed article or offensive weapon;

(b) under a warrant issued under section 23(3) of the Misuse of Drugs Act 1971 to search

premises for drugs or documents but only if the warrant specifically authorises the

search of persons found on the premises; and

Terrorism Act 2000 to search premises and any person found there for material likely to

be of substantial value to a terrorist investigation.

2.28 Before the power under section 139B of the Criminal Justice Act 1988 may be exercised,

the constable must have reasonable grounds to suspect that an offence under section 139A

or 139AA of the Criminal Justice Act 1988 (having a bladed or pointed article or offensive

weapon on school premises) has been or is being committed. A warrant to search

premises and persons found therein may be issued under section 23(3) of the Misuse of

Drugs Act 1971 if there are reasonable grounds to suspect that controlled drugs or certain

documents are in the possession of a person on the premises.

2.29 The powers in paragraph 2.27 do not require prior specific grounds to suspect that the

person to be searched is in possession of an item for which there is an existing power to

search. However, it is still necessary to ensure that the selection and treatment of those

searched under these powers is based upon objective factors connected with the search of

the premises, and not upon personal prejudice.

3 Conduct of searches

3.1 All stops and searches must be carried out with courtesy, consideration and respect for the

person concerned. This has a significant impact on public confidence in the police. Every

reasonable effort must be made to minimise the embarrassment that a person being

searched may experience. (See Note 4.)

3.2 The co-operation of the person to be searched must be sought in every case, even if the

person initially objects to the search. A forcible search may be made only if it has been

established that the person is unwilling to co-operate or resists. Reasonable force may be

used as a last resort if necessary to conduct a search or to detain a person or vehicle for

the purposes of a search.

3.3 The length of time for which a person or vehicle may be detained must be reasonable and

kept to a minimum. Where the exercise of the power requires reasonable suspicion, the

thoroughness and extent of a search must depend on what is suspected of being carried,

and by whom. If the suspicion relates to a particular article which is seen to be slipped into

a person’s pocket, then, in the absence of other grounds for suspicion or an opportunity for

the article to be moved elsewhere, the search must be confined to that pocket. In the case

of a small article which can readily be concealed, such as a drug, and which might be

concealed anywhere on the person, a more extensive search may be necessary. In the

case of searches mentioned in paragraph 2.1(b) and (d), which do not require reasonable

grounds for suspicion, officers may make any reasonable search to look for items for which

they are empowered to search. (See Note 5.)

3.4 The search must be carried out at or near the place where the person or vehicle was first

detained. (See Note 6.)

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

3.5 There is no power to require a person to remove any clothing in public other than an outer

coat, jacket or gloves, except under section 60AA of the Criminal Justice and Public Order

Act 1994 (which empowers a constable to require a person to remove any item worn to

conceal identity). (See Notes 4 and 6.) A search in public of a person’s clothing which has

not been removed must be restricted to superficial examination of outer garments. This

does not, however, prevent an officer from placing his or her hand inside the pockets of the

outer clothing, or feeling round the inside of collars, socks and shoes if this is reasonably

necessary in the circumstances to look for the object of the search or to remove and

examine any item reasonably suspected to be the object of the search. For the same

reasons, subject to the restrictions on the removal of headgear, a person's hair may also be

searched in public. (See paragraphs 3.1 and 3.3.)

3.6 Where on reasonable grounds it is considered necessary to conduct a more thorough

search (e.g. by requiring a person to take off a T-shirt), this must be done out of public view,

for example, in a police van unless paragraph 3.7 applies, or police station if there is one

nearby (see Note 6.) Any search involving the removal of more than an outer coat, jacket,

gloves, headgear or footwear, or any other item concealing identity, may only be made by

an officer of the same sex as the person searched and may not be made in the presence of

anyone of the opposite sex unless the person being searched specifically requests it. (See

Code C Annex L and Notes 4 and 7.)

3.7 Searches involving exposure of intimate parts of the body must not be conducted as a

routine extension of a less thorough search, simply because nothing is found in the course

of the initial search. Searches involving exposure of intimate parts of the body may be

carried out only at a nearby police station or other nearby location which is out of public

view (but not a police vehicle). These searches must be conducted in accordance with

paragraph 11 of Annex A to Code C except that an intimate search mentioned in paragraph

11(f) of Annex A to Code C may not be authorised or carried out under any stop and search

powers. The other provisions of Code C do not apply to the conduct and recording of

searches of persons detained at police stations in the exercise of stop and search powers.

(See Note 7.)

Steps to be taken prior to a search

3.8 Before any search of a detained person or attended vehicle takes place the officer must

take reasonable steps, if not in uniform (see paragraph 3.9), to show their warrant card to

the person to be searched or in charge of the vehicle to be searched and whether or not in

uniform, to give that person the following information:

(a) that they are being detained for the purposes of a search;

(b) the officer's name (except in the case of enquiries linked to the investigation of

terrorism, or otherwise where the officer reasonably believes that giving their name

might put them in danger, in which case a warrant or other identification number shall

be given) and the name of the police station to which the officer is attached;

(c) the legal search power which is being exercised, and

(d) a clear explanation of:

(i) the object of the search in terms of the article or articles for which there is a power

to search; and

(ii) in the case of:

• the power under section 60 of the Criminal Justice and Public Order Act 1994

(see paragraph 2.1(b)), the nature of the power, the authorisation and the fact

that it has been given;

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

• the powers under Schedule 5 to the Terrorism Prevention and Investigation

Measures Act 2011 (see paragraph 2.1(e) and 2.18A):

~ the fact that a TPIM notice is in force or, (in the case of paragraph 6(2)(a))

that a TPIM notice is being served;

~ the nature of the power being exercised.

For a search under paragraph 8 of Schedule 5, the warrant must be produced

and the person provided with a copy of it.

• all other powers requiring reasonable suspicion (see paragraph 2.1(a)), the

grounds for that suspicion. This means explaining the basis for the suspicion by

reference to information and/or intelligence about, or some specific behaviour

by, the person concerned (see paragraph 2.2).

(e) that they are entitled to a copy of the record of the search if one is made (see section 4

below) if they ask within 3 months from the date of the search and:

(i) if they are not arrested and taken to a police station as a result of the search and it

is practicable to make the record on the spot, that immediately after the search is

completed they will be given, if they request, either:

• a copy of the record; or

• a receipt which explains how they can obtain a copy of the full record or access

to an electronic copy of the record; or

(ii) if they are arrested and taken to a police station as a result of the search, that the

record will be made at the station as part of their custody record and they will be

given, if they request, a copy of their custody record which includes a record of the

search as soon as practicable whilst they are at the station. (See Note 16.)

3.9 Stops and searches under the power mentioned in paragraph 2.1(b) may be undertaken

only by a constable in uniform.

3.10 The person should also be given information about police powers to stop and search and

the individual’s rights in these circumstances.

3.11 If the person to be searched, or in charge of a vehicle to be searched, does not appear to

understand what is being said, or there is any doubt about the person’s ability to

understand English, the officer must take reasonable steps to bring information regarding

the person’s rights and any relevant provisions of this Code to his or her attention. If the

person is deaf or cannot understand English and is accompanied by someone, then the

officer must try to establish whether that person can interpret or otherwise help the officer to

give the required information.

4 Recording requirements

(a) Searches which do not result in an arrest

4.1 When an officer carries out a search in the exercise of any power to which this Code

applies and the search does not result in the person searched or person in charge of the

vehicle searched being arrested and taken to a police station, a record must be made of it,

electronically or on paper, unless there are exceptional circumstances which make this

wholly impracticable (e.g. in situations involving public disorder or when the recording

officer’s presence is urgently required elsewhere). If a record is to be made, the officer

carrying out the search must make the record on the spot unless this is not practicable, in

which case, the officer must make the record as soon as practicable after the search is

completed. (See Note 16.)

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

4.2 If the record is made at the time, the person who has been searched or who is in charge of

the vehicle that has been searched must be asked if they want a copy and if they do, they

must be given immediately, either:

• a copy of the record; or

• a receipt which explains how they can obtain a copy of the full record or access to an

electronic copy of the record.

4.2A An officer is not required to provide a copy of the full record or a receipt at the time if they

are called to an incident of higher priority. (See Note 21.)

(b) Searches which result in an arrest

4.2B If a search in the exercise of any power to which this Code applies results in a person being

arrested and taken to a police station, the officer carrying out the search is responsible for

ensuring that a record of the search is made as part of their custody record. The custody

officer must then ensure that the person is asked if they want a copy of the record and, if

they do, that they are given a copy as soon as practicable. (See Note 16.)

4.3 The record of a search must always include the following information:

(a) A note of the self defined ethnicity, and if different, the ethnicity as perceived by the

officer making the search, of the person searched or of the person in charge of the

vehicle searched (as the case may be) (see Note 18);

(b) The date, time and place the person or vehicle was searched (see Note 6);

search;

(d) In the case of:

• the power under section 60 of the Criminal Justice and Public Order Act 1994 (see

paragraph 2.1(b)), the nature of the power, the authorisation and the fact that it has

been given (see Note 17);

• the powers under Schedule 5 to the Terrorism Prevention and Investigation

Measures Act 2011 (see paragraphs 2.1(e) and 2.18A):

~ the fact that a TPIM notice is in force or, (in the case of paragraph 6(2)(a)), that

a TPIM notice is being served;

~ the nature of the power, and

~ for a search under paragraph 8, the date the search warrant was issued, the fact

that the warrant was produced and a copy of it provided and the warrant must

also be endorsed by the constable executing it to state whether anything was

found and whether anything was seized, and

• all other powers requiring reasonable suspicion (see paragraph 2.1(a)), the grounds

for that suspicion.

(e) subject to paragraph 3.8(b), the identity of the officer carrying out the search. (See

Note 15.)

4.3A For the purposes of completing the search record, there is no requirement to record the

name, address and date of birth of the person searched or the person in charge of a vehicle

which is searched. The person is under no obligation to provide this information and they

should not be asked to provide it for the purpose of completing the record.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

4.4 Nothing in paragraph 4.3 requires the names of police officers to be shown on the search

record or any other record required to be made under this Code in the case of enquiries

linked to the investigation of terrorism or otherwise where an officer reasonably believes

that recording names might endanger the officers. In such cases the record must show the

officers’ warrant or other identification number and duty station.

4.5 A record is required for each person and each vehicle searched. However, if a person is in

a vehicle and both are searched, and the object and grounds of the search are the same,

only one record need be completed. If more than one person in a vehicle is searched,

separate records for each search of a person must be made. If only a vehicle is searched,

the self-defined ethnic background of the person in charge of the vehicle must be recorded,

unless the vehicle is unattended.

4.6 The record of the grounds for making a search must, briefly but informatively, explain the

reason for suspecting the person concerned, by reference to information and/or intelligence

about, or some specific behaviour by, the person concerned (see paragraph 2.2).

4.7 Where officers detain an individual with a view to performing a search, but the need to

search is eliminated as a result of questioning the person detained, a search should not be

carried out and a record is not required. (See paragraph 2.10 and Notes 3 and 22A.)

4.8 After searching an unattended vehicle, or anything in or on it, an officer must leave a notice

in it (or on it, if things on it have been searched without opening it) recording the fact that it

has been searched.

4.9 The notice must include the name of the police station to which the officer concerned is

attached and state where a copy of the record of the search may be obtained and how (if

applicable) an electronic copy may be accessed and where any application for

compensation should be directed.

4.10 The vehicle must if practicable be left secure.

4.10A Not used.

4.10B Not used.

Recording of encounters not governed by statutory powers

4.11 Not used

4.12 There is no national requirement for an officer who requests a person in a public place to

account for themselves, i.e. their actions, behaviour, presence in an area or possession of

anything, to make any record of the encounter or to give the person a receipt. (See

paragraph 2.11 and Notes 22A and 22B.)

4.12A Not used.

4.13 Not used.

4.14 Not used.

4.15 Not used.

4.16 Not used.

4.17 Not used.

4.18 Not used.

4.19 Not used.

4.20 Not used.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

5 Monitoring and supervising the use of stop and search powers

General

5.1 Any misuse of stop and search powers is likely to be harmful to policing and lead to mistrust

of the police by the local community and by the public in general. Supervising officers must

monitor the use of stop and search powers and should consider in particular whether there

is any evidence that they are being exercised on the basis of stereotyped images or

inappropriate generalisations. Supervising officers must satisfy themselves that the

practice of officers under their supervision in stopping, searching and recording is fully in

accordance with this Code. Supervisors must also examine whether the records reveal any

trends or patterns which give cause for concern and, if so, take appropriate action to

address this. (See paragraph 2.8A.)

5.2 Senior officers with area or force-wide responsibilities must also monitor the broader use of

stop and search powers and, where necessary, take action at the relevant level.

5.3 Supervision and monitoring must be supported by the compilation of comprehensive

statistical records of stops and searches at force, area and local level. Any apparently

disproportionate use of the powers by particular officers or groups of officers or in relation to

specific sections of the community should be identified and investigated.

5.4 In order to promote public confidence in the use of the powers, forces, in consultation with

police and crime commissioners, must make arrangements for the records to be scrutinised

by representatives of the community, and to explain the use of the powers at a local level.

(See Note 19.)

Suspected misuse of powers by individual officers

5.5 Police supervisors must monitor the use of stop and search powers by individual officers to

ensure that they are being applied appropriately and lawfully. Monitoring takes many

forms, such as direct supervision of the exercise of the powers, examining stop and search

records (particularly examining the officer’s documented reasonable grounds for suspicion)

and asking the officer to account for the way in which they conducted and recorded

particular searches or through complaints about a stop and search that an officer has

carried out.

5.6 Where a supervisor identifies issues with the way that an officer has used a stop and

search power, the facts of the case will determine whether the standards of professional

behaviour as set out in the Code of Ethics (see http://www.college.police.uk/en/20972.htm)

have been breached and which formal action is pursued. Improper use might be a result of

poor performance or a conduct matter, which will require the supervisor to take appropriate

action such as performance or misconduct procedures. It is imperative that supervisors

take both timely and appropriate action to deal with all such cases that come to their notice.

Notes for guidance

Officers exercising stop and search powers

1 This Code does not affect the ability of an officer to speak to or question a person in the

ordinary course of the officer’s duties without detaining the person or exercising any

element of compulsion. It is not the purpose of the code to prohibit such encounters

between the police and the community with the co-operation of the person concerned and

neither does it affect the principle that all citizens have a duty to help police officers to

prevent crime and discover offenders. This is a civic rather than a legal duty; but when a

police officer is trying to discover whether, or by whom, an offence has been committed he

or she may question any person from whom useful information might be obtained, subject

to the restrictions imposed by Code C. A person’s unwillingness to reply does not alter this

entitlement, but in the absence of a power to arrest, or to detain in order to search, the

person is free to leave at will and cannot be compelled to remain with the officer.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

1A In paragraphs 1.1 and 2.2B(a), the ‘relevant protected characteristics’ are: age, disability,

gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual

orientation.

1B Innocent possession means that the person does have the guilty knowledge that they are

carrying an unlawful item which is required before an arrest on suspicion that the person

has committed an offence in respect of the item sought (if arrest is necessary - see PACE

Code G) and/or a criminal prosecution) can be considered. It is not uncommon for children

under the age of criminal responsibility to be used by older children and adults to carry

stolen property, drugs and weapons and, in some cases, firearms, for the criminal benefit of

others, either:

• in the hope that police may not suspect they are being used for carrying the items; or

• knowing that if they are suspected of being couriers and are stopped and searched,

they cannot be arrested or prosecuted for any criminal offence.

Stop and search powers therefore allow the police to intervene effectively to break up

criminal gangs and groups that use young children to further their criminal activities.

1BA Whenever a child under 10 is suspected of carrying unlawful items for someone else, or is

found in circumstances which suggest that their welfare and safety may be at risk, the facts

should be reported and actioned in accordance with established force safeguarding

procedures. This will be in addition to treating them as a potentially vulnerable or

intimidated witness in respect of their status as a witness to the serious criminal offence(s)

committed by those using them as couriers. Safeguarding considerations will also apply to

other persons aged under 18 who are stopped and searched under any of the powers to

which this Code applies. See paragraph 1.1 with regard to the requirement under the

Children Act 2004, section 11, for chief police officers and other specified persons and

bodies, to ensure that in the discharge of their functions, they have regard to the need to

safeguard and promote the welfare of all persons under the age of 18.

2 In some circumstances preparatory questioning may be unnecessary, but in general a brief

conversation or exchange will be desirable not only as a means of avoiding unsuccessful

searches, but to explain the grounds for the stop/search, to gain co-operation and reduce any

tension there might be surrounding the stop/search.

3 Where a person is lawfully detained for the purpose of a search, but no search in the event

takes place, the detention will not thereby have been rendered unlawful.

4 Many people customarily cover their heads or faces for religious reasons - for example,

Muslim women, Sikh men, Sikh or Hindu women, or Rastafarian men or women. A police

officer cannot order the removal of a head or face covering except where there is reason to

believe that the item is being worn by the individual wholly or mainly for the purpose of

disguising identity, not simply because it disguises identity. Where there may be religious

sensitivities about ordering the removal of such an item, the officer should permit the item to

be removed out of public view. Where practicable, the item should be removed in the

presence of an officer of the same sex as the person and out of sight of anyone of the

opposite sex (see Code C Annex L).

5 A search of a person in public should be completed as soon as possible.

6 A person may be detained under a stop and search power at a place other than where the

person was first detained, only if that place, be it a police station or elsewhere, is nearby.

Such a place should be located within a reasonable travelling distance using whatever

mode of travel (on foot or by car) is appropriate. This applies to all searches under stop

and search powers, whether or not they involve the removal of clothing or exposure of

intimate parts of the body (see paragraphs 3.6 and 3.7) or take place in or out of public

view. It means, for example, that a search under the stop and search power in section 23

of the Misuse of Drugs Act 1971 which involves the compulsory removal of more than a

person’s outer coat, jacket or gloves cannot be carried out unless a place which is both

nearby the place they were first detained and out of public view, is available. If a search

involves exposure of intimate parts of the body and a police station is not nearby, particular

care must be taken to ensure that the location is suitable in that it enables the search to be

conducted in accordance with the requirements of paragraph 11 of Annex A to Code C.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

7 A search in the street itself should be regarded as being in public for the purposes of

paragraphs 3.6 and 3.7 above, even though it may be empty at the time a search begins.

Although there is no power to require a person to do so, there is nothing to prevent an

officer from asking a person voluntarily to remove more than an outer coat, jacket or gloves

in public.

8 Not used.

9 Other means of identification might include jewellery, insignias, tattoos or other features

which are known to identify members of the particular gang or group.

9A A decision to search individuals believed to be members of a particular group or gang must

be judged on a case by case basis according to the circumstances applicable at the time of

the proposed searches and in particular, having regard to:

(a) the number of items suspected of being carried;

(b) the nature of those items and the risk they pose; and

A group search will only be justified if it is a necessary and proportionate approach based

on the facts and having regard to the nature of the suspicion in these cases. The extent

and thoroughness of the searches must not be excessive.

The size of the group and the number of individuals it is proposed to search will be a key

factor and steps should be taken to identify those who are to be searched to avoid

unnecessary inconvenience to unconnected members of the public who are also present.

The onus is on the police to be satisfied and to demonstrate that their approach to the

decision to search is in pursuit of a legitimate aim, necessary and proportionate.

Authorising officers

10 The powers under section 60 are separate from and additional to the normal stop and

search powers which require reasonable grounds to suspect an individual of carrying an

offensive weapon (or other article). Their overall purpose is to prevent serious violence and

the widespread carrying of weapons which might lead to persons being seriously injured by

disarming potential offenders or finding weapons that have been used in circumstances

where other powers would not be sufficient. They should not therefore be used to replace

or circumvent the normal powers for dealing with routine crime problems. A particular

example might be an authorisation to prevent serious violence or the carrying of offensive

weapons at a sports event by rival team supporters when the expected general appearance

and age range of those likely to be responsible, alone, would not be sufficiently distinctive

to support reasonable suspicion (see paragraph 2.6). The purpose of the powers under

section 60AA is to prevent those involved in intimidatory or violent protests using face

coverings to disguise identity.

11 Authorisations under section 60 require a reasonable belief on the part of the authorising

officer. This must have an objective basis, for example: intelligence or relevant information

such as a history of antagonism and violence between particular groups; previous incidents

of violence at, or connected with, particular events or locations; a significant increase in

knife-point robberies in a limited area; reports that individuals are regularly carrying

weapons in a particular locality; information following an incident in which weapons were

used about where the weapons might be found or in the case of section 60AA previous

incidents of crimes being committed while wearing face coverings to conceal identity.

12 It is for the authorising officer to determine the period of time during which the powers

mentioned in paragraph 2.1(b) may be exercised. The officer should set the minimum

period he or she considers necessary to deal with the risk of violence, the carrying of knives

or offensive weapons, or to find dangerous instruments or weapons that have been used.

A direction to extend the period authorised under the powers mentioned in paragraph 2.1(b)

may be given only once. Thereafter further use of the powers requires a new authorisation.

13 It is for the authorising officer to determine the geographical area in which the use of the

powers is to be authorised. In doing so the officer may wish to take into account factors

such as the nature and venue of the anticipated incident or the incident which has taken

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

place, the number of people who may be in the immediate area of that incident, their

access to surrounding areas and the anticipated or actual level of violence. The officer

should not set a geographical area which is wider than that he or she believes necessary

for the purpose of preventing anticipated violence, the carrying of knives or offensive

weapons, or for finding a dangerous instrument or weapon that has been used or, in the

case of section 60AA, the prevention of commission of offences. It is particularly important

to ensure that constables exercising such powers are fully aware of the locality within which

they may be used. The officer giving the authorisation should therefore specify either the

streets which form the boundary of the locality or a divisional boundary if appropriate, within

the force area. If the power is to be used in response to a threat or incident that straddles

police force areas, an officer from each of the forces concerned will need to give an

authorisation.

14 Not used.

Recording

15 Where a stop and search is conducted by more than one officer the identity of all the

officers engaged in the search must be recorded on the record. Nothing prevents an officer

who is present but not directly involved in searching from completing the record during the

course of the encounter.

16 When the search results in the person searched or in charge of a vehicle which is searched

being arrested, the requirement to make the record of the search as part of the person’s

custody record does not apply if the person is granted “street bail” after arrest (see section

30A of PACE) to attend a police station and is not taken in custody to the police station An

arrested person’s entitlement to a copy of the search record which is made as part of their

custody record does not affect their entitlement to a copy of their custody record or any

other provisions of PACE Code C section 2 (Custody records).

17 It is important for monitoring purposes to specify when authority is given for exercising the

stop and search power under section 60 of the Criminal Justice and Public Order Act 1994.

18 Officers should record the self-defined ethnicity of every person stopped according to the

categories used in the 2001 census question listed in Annex B. The person should be

asked to select one of the five main categories representing broad ethnic groups and then a

more specific cultural background from within this group. The ethnic classification should

be coded for recording purposes using the coding system in Annex B. An additional "Not

stated" box is available but should not be offered to respondents explicitly. Officers should

be aware and explain to members of the public, especially where concerns are raised, that

this information is required to obtain a true picture of stop and search activity and to help

improve ethnic monitoring, tackle discriminatory practice, and promote effective use of the

powers. If the person gives what appears to the officer to be an "incorrect" answer (e.g. a

person who appears to be white states that they are black), the officer should record the

response that has been given and then record their own perception of the person’s ethnic

background by using the PNC classification system. If the “Not stated” category is used the

reason for this must be recorded on the form.

19 Arrangements for public scrutiny of records should take account of the right to

confidentiality of those stopped and searched. Anonymised forms and/or statistics

generated from records should be the focus of the examinations by members of the public.

The groups that are consulted should always include children and young persons.

20 Not used.

21 In situations where it is not practicable to provide a written copy of the record or immediate

access to an electronic copy of the record or a receipt of the search at the time (see

paragraph 4.2A above), the officer should consider giving the person details of the station

which they may attend for a copy of the record. A receipt may take the form of a simple

business card which includes sufficient information to locate the record should the person

ask for copy, for example, the date and place of the search, and a reference number or the

name of the officer who carried out the search (unless paragraph 4.4 applies).

22 Not used.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

22A Where there are concerns which make it necessary to monitor any local disproportionality,

forces have discretion to direct officers to record the self-defined ethnicity of persons they

request to account for themselves in a public place or who they detain with a view to

searching but do not search. Guidance should be provided locally and efforts made to

minimise the bureaucracy involved. Records should be closely monitored and supervised

in line with paragraphs 5.1 to 5.6, and forces can suspend or re-instate recording of these

encounters as appropriate.

22B A person who is asked to account for themselves should, if they request, be given

information about how they can report their dissatisfaction about how they have been

treated.

Definition of offensive weapon

23 ‘Offensive weapon’ is defined as “any article made or adapted for use for causing injury to

the person, or intended by the person having it with him for such use by him or by someone

else”. There are three categories of offensive weapons: those made for causing injury to

the person; those adapted for such a purpose; and those not so made or adapted, but

carried with the intention of causing injury to the person. A firearm, as defined by section

57 of the Firearms Act 1968, would fall within the definition of offensive weapon if any of the

criteria above apply.

24 Not used.

25 Not used.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

ANNEX A SUMMARY OF MAIN STOP AND SEARCH POWERS TO WHICH

CODE A APPLIES

THIS TABLE RELATES TO STOP AND SEARCH POWERS ONLY. INDIVIDUAL

STATUTES BELOW MAY CONTAIN OTHER POLICE POWERS OF ENTRY,

SEARCH AND SEIZURE

POWER OBJECT OF SEARCH EXTENT OF SEARCH WHERE EXERCISABLE

Unlawful articles general

1. Public Stores Act 1875,

s6.

HM Stores stolen or

unlawfully obtained.

Persons, vehicles and

vessels.

Anywhere where the

constabulary powers are

exercisable.

2. Firearms Act 1968, s47 Firearms Persons and vehicles A public place, or

anywhere in the case of

reasonable suspicion of

offences of carrying

firearms with criminal

intent or trespassing with

firearms.

3. Misuse of Drugs Act

1971, s23

Controlled drugs Persons and vehicles. Anywhere.

4. Customs and Excise Goods: (a) on which duty Vehicles and vessels only. Anywhere.

Management Act 1979, s163 has not been paid;

(b) being unlawfully

removed, imported or

exported;

forfeiture to HM Revenue

and Customs.

5. Aviation Security Act

1982, s24B.

Note: This power applies

throughout the UK but the

provisions of this Code will

apply only when the power is

exercised at an aerodrome

situated in England and

Wales.

Stolen articles or articles

made, adapted or

intended for use in the

course of/in connection

with conduct which

constitutes an offence in

the part of the UK where

the aerodrome is situated

or would so do, if it

occurred there.

Persons, vehicles, aircraft.

Anything in or on a vehicle

or aircraft.

Any part of an aerodrome.

6. Police and Criminal Stolen goods; Persons and vehicles. Where there is public access.

Evidence Act 1984, s1. Articles made, adapted or

intended for use in the

course of or in connection

with, certain offences

under the Theft Act 1968,

Fraud Act and Criminal

Damage Act 1971;

Offensive weapons,

Bladed or sharply-pointed

articles (except folding

pocket knives with a

blade cutting edge not

exceeding 3 inches);

Fireworks: Category 4

(display grade) fireworks

if possession prohibited,

Adult fireworks in

possession of a person

under 18 in a public

place.

Persons and vehicles.

Where there is public access.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

POWER OBJECT OF SEARCH EXTENT OF SEARCH WHERE EXERCISABLE

7. Sporting events (Control

of Alcohol etc.) Act 1985,

s7.

Intoxicating liquor. Persons, coaches and

trains.

Designated sports

grounds or coaches and

trains travelling to or from

a designated sporting

event.

8. Crossbows Act 1987,

s4.

Crossbows or parts of

crossbows (except

crossbows with a draw

weight of less than 1.4

kilograms).

Persons and vehicles. Anywhere except

dwellings.

9. Criminal Justice Act

1988 s139B.

Offensive weapons,

bladed or sharply

pointed article.

Persons. School premises.

Evidence of game and

wildlife offences

10. Poaching Prevention

Act 1862, s2.

Game or poaching

equipment.

Persons and vehicles. A public place.

11. Deer Act 1991, s12. Evidence of offences

under the Act.

Persons and vehicles. Anywhere except

dwellings.

12. Conservation of Seals

Act 1970, s4.

Seals or hunting

equipment

Vehicles only Anywhere

13. Protection of Badgers

Act 1992, s11.

Evidence of offences

under the Act.

Persons and vehicles. Anywhere.

14. Wildlife and

Countryside Act 1981, s19.

Evidence of wildlife

offences.

Persons and vehicles. Anywhere except

dwellings.

Other

15. Paragraphs 6 & 8 of

Schedule 5 to the

Terrorism Prevention and

Investigation Measures Act

2011.

Anything that

contravenes measures

specified in a TPIM

notice.

Persons in respect of

whom a TPIM notice is

being served or is in

force.

Anywhere.

16. Paragraph 10 of

Schedule 5 to the

Terrorism Prevention and

Investigation Measures Act

2011.

Anything that could be

used to threaten or harm

any person.

Persons in respect of

whom a TPIM notice is in

force.

Anywhere.

17. Not used

18. Not used

19. Section 60 Criminal

Justice and Public Order

Act 1994.

Offensive weapons or

dangerous instruments

to prevent incidents of

serious violence or to

deal with the carrying of

such items or find such

items which have been

used in incidents of

serious violence.

Persons and vehicles. Anywhere within a

locality authorised under

subsection (1).

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

ANNEX B SELF-DEFINED ETHNIC CLASSIFICATION CATEGORIES

White W

A. White - British W1

B. White - Irish W2

C. Any other White background W9

Mixed M

D. White and Black Caribbean M1

E. White and Black African M2

F. White and Asian M3

G. Any other Mixed Background M9

Asian / Asian - British A

H. Asian - Indian A1

I. Asian - Pakistani A2

J. Asian - Bangladeshi A3

K. Any other Asian background A9

Black / Black - British B

L. Black - Caribbean B1

M. Black African B2

N. Any other Black background B9

Other O

O. Chinese 01

P. Any other 09

Not Stated NS

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

ANNEX C SUMMARY OF POWERS OF COMMUNITY SUPPORT OFFICERS

TO SEARCH AND SEIZE

The following is a summary of the search and seizure powers that may be exercised

by a community support officer (CSO) who has been designated with the relevant

powers in accordance with Part 4 of the Police Reform Act 2002.

When exercising any of these powers, a CSO must have regard to any relevant

provisions of this Code, including section 3 governing the conduct of searches and

the steps to be taken prior to a search.

1. Not used

2. Powers to search requiring the consent of the person and seizure

A CSO may detain a person using reasonable force where necessary as set out in Part 1 of

Schedule 4 to the Police Reform Act 2002. If the person has been lawfully detained, the CSO

may search the person provided that person gives consent to such a search in relation to the

following:

Designation Powers conferred Object of Search Extent of Search Where

Exercisable

1. Police

Reform Act

2002, Schedule

4, paragraphs 7

and 7A.

(a) Criminal Justice

and Police Act 2001,

s12(2).

(b) Confiscation of

Alcohol (Young

Persons) Act 1997,

Young Persons Act

1933, s7(3).

(a) Alcohol or a

container for

alcohol.

(b) Alcohol.

cigarette papers.

(a) Persons.

(b) Persons under

18 years old.

16 years old

found smoking.

(a) Designated

public place.

(b) Public place.

3. Powers to search not requiring the consent of the person and seizure

A CSO may detain a person using reasonable force where necessary as set out in

Part 1 of Schedule 4 to the Police Reform Act 2002. If the person has been lawfully

detained, the CSO may search the person without the need for that person’s consent

in relation to the following:

Designation Power conferred Object of Search Extent of Search Where

Exercisable

Police Reform

Act 2002,

Schedule 4,

paragraph 2A.

Police and Criminal

Evidence Act 1984,

s.32.

(a) Objects that

might be used to

cause physical

injury to the

person or the

CSO.

(b) Items that

might be used to

assist escape.

Persons made

subject to a

requirement to

wait.

Any place where

the requirement

to wait has been

made.

Codes of practice – Code A Exercise by police officers of statutory powers of stop and search

4. Powers to seize without consent

This power applies when drugs are found in the course of any search mentioned

above.

Designation Power conferred Object of Seizure Where Exercisable

Police Reform

Act 2002,

Schedule 4,

paragraph 7B.

Police Reform Act

2002, Schedule 4,

paragraph 7B.

Controlled drugs in a

person’s possession.

Any place where the

person is in possession of

the drug.

ANNEX D – Deleted.

ANNEX E – Deleted.

ANNEX F ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF

SEARCHING

See Code C Annex L

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22 Jan 2019

Revised code of practice for the exercise by: Police Officers of Statutory Powers of stop and search Police Officers and Police Staff of requirements to record public encounters Police and Criminal Evidence Act 1984 (PACE) – Code A

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