Stop and Search: Your Rights Under Section 1 and Section 60

Section 1 of the Police and Criminal Evidence Act 1984 (PACE) gives a police officer the power to stop and search you or your vehicle in a public place when they have reasonable grounds to suspect they will find stolen goods, an offensive weapon, a bladed or pointed article, or items made or adapted for offences such as burglary or theft. Reasonable suspicion is a legal threshold, not a hunch, and you have specific rights during the search, set out below.

Stop and Search: Your Rights Under Section 1 and Section 60

Stop and search is one of the most visible forms of police intervention in England and Wales. It is also one of the most regulated. The powers are set out in statute, supplemented by PACE Code A, and overseen by the College of Policing and the Independent Office for Police Conduct. This article explains the two most commonly used powers, section 1 of the Police and Criminal Evidence Act 1984 and section 60 of the Criminal Justice and Public Order Act 1994, and sets out what you can expect, and what you can do, if you are stopped.

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Section 1 PACE: stop and search with reasonable suspicion

Section 1 of the Police and Criminal Evidence Act 1984 allows a constable to stop and search a person or vehicle in a public place where the officer has reasonable grounds to suspect that they will find stolen goods, an offensive weapon, an article made or adapted for use in certain offences (such as burglary, theft or criminal damage), a bladed or sharply pointed article, or a firework possessed in contravention of regulations. Related powers exist under section 23 of the Misuse of Drugs Act 1971 for controlled drugs.

Reasonable suspicion is a legal threshold, not a hunch. PACE Code A states that it must have an objective basis, founded on facts, information or intelligence relevant to the person or vehicle in question. Code A is clear that reasonable suspicion cannot be based on personal factors such as age, race, religion, appearance, or previous convictions, either alone or in combination. Officers must be able to articulate specific grounds.

Section 60 CJPOA: stop and search without suspicion

Section 60 of the Criminal Justice and Public Order Act 1994 operates differently. An authorising officer, normally of inspector rank or above, may issue an authorisation for a defined area and period where they reasonably believe that incidents involving serious violence may take place, that persons are carrying dangerous instruments or offensive weapons, or that an incident involving serious violence has taken place and a dangerous instrument or weapon used in the incident is being carried in the locality.

Once a section 60 authorisation is in force, any constable in uniform may stop and search any person or vehicle within the designated area for offensive weapons or dangerous instruments, without needing reasonable suspicion about the individual. The authorisation can initially last up to 24 hours and may be extended by a superintendent up to a maximum of 48 hours in total. Home Office and College of Policing guidance sets out expectations on the authorisation process, the recording of grounds, and the publication of data on the use of the power.

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GOWISELY: the information an officer must give

Before searching you, the officer must provide certain information. PACE Code A uses the mnemonic GOWISELY:

• Grounds for the search
• Object of the search, meaning what they are looking for
• Warrant card, if the officer is not in uniform, and in any event on request
• Identity of the officer (name, or in terrorism or public order cases the warrant number only)
• Station to which the officer is attached
• Entitlement to a copy of the search record
• Legal power being used
• You are detained for the purpose of a search

In terrorism and certain public order contexts, officers are not required to give their name and may provide their warrant number instead. Under section 2 of PACE, these requirements are mandatory, and failure to comply with them may render a search unlawful.

What officers can search

In a public place, an officer exercising section 1 or section 60 powers may require you to remove outer clothing such as a coat, jacket and gloves. They may also search bags and other items you are carrying. More thorough searches, including the removal of other clothing, must take place out of public view, such as in a police van or nearby station, and must be carried out by an officer of the same sex.

There are specific protections for religious and cultural garments. PACE Code A requires that where an officer considers it necessary for a person to remove a head or face covering worn for religious reasons, such as a veil, turban or kippah, this should be done out of public view and, where reasonably practicable, by an officer of the same sex. This approach also applies to items worn for cultural reasons.

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The search record and what to do if you are stopped

You are entitled to a record of the search. Most forces now issue a paper or electronic receipt on the spot, with a reference number you can use to obtain the full record later. If a record cannot be made at the time, for instance because of an ongoing incident, you are entitled to request one for up to three months afterwards. The record should set out the grounds, the object, the outcome, and the officer's details.

• Stay calm and do not resist. Obstructing a lawful search can be a criminal offence.
• Ask the officer to confirm the grounds and legal power being used.
• Note the officer's name or warrant number and the station.
• Ask for a copy of the search record, or the reference number.
• If possible, note the time, location, and the names of any witnesses.
• If you believe the search is unjustified, you may ask to speak to a more senior officer at the scene or afterwards.
• You are not generally required to give your name under section 1 or section 60, though you may choose to do so.

Making a complaint and oversight

If you believe a search was unlawful, discriminatory, or carried out improperly, you can complain. Complaints are usually made in the first instance to the force's Professional Standards Department, and can also be submitted through the online police complaints system, which routes matters to the relevant force or to the Independent Office for Police Conduct where appropriate. Serious matters, or complaints you consider have not been properly handled, can be referred to the IOPC. You may also seek legal advice about a civil claim for assault, false imprisonment or under the Human Rights Act 1998, or a judicial review of the authorisation in a section 60 case, as considered by the Supreme Court in R (Roberts) v Commissioner of Police of the Metropolis [2015] UKSC 79.

Stop and search is monitored at both force and national level. Home Office statistics, published annually, record the use of section 1, section 23 of the Misuse of Drugs Act 1971 and section 60 by force, ethnicity, age and outcome. The Equality and Human Rights Commission has raised concerns about ethnic disproportionality in the use of these powers and has engaged with forces on compliance with the Public Sector Equality Duty under section 149 of the Equality Act 2010. His Majesty's Inspectorate of Constabulary and Fire and Rescue Services also inspects forces on their use of stop and search, including the recording of grounds and the quality of supervision.

Further information

For current guidance, see PACE Code A on GOV.UK, the College of Policing's Authorised Professional Practice on stop and search, and the IOPC website for complaints procedures. If you need tailored advice about an individual stop, a solicitor with experience in police and public law can advise on the lawfulness of the search and any remedies available.

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