Use of stop and search - revised Code of Practice: consultation

5. Chapter 5 - Conduct of searches

Considerations prior to conducting a search

5.1 The use of stop and search powers has a significant impact on the person being searched and public confidence in the police. Every reasonable effort should be made to minimise disruption to a person or group being searched and to respect their dignity and human rights. In determining the approach to the search, constables must consider the risk of harm to themselves, the public and the person being searched.

5.2 The co-operation of the person to be searched must be sought in every case, even if they initially object to the search. The law allows constables to use reasonable force if necessary to conduct the search. This means the minimum amount of force necessary to accomplish the lawful objective of the search, for example the use of handcuffs to safeguard all those involved.

5.3 If there are reasonable grounds to carry out a search, the person to be searched cannot refuse to be searched. Resisting or actively obstructing the search are criminal offences.

5.4 The length of time for which a person may be detained must be reasonable and kept to a minimum. The thoroughness and extent of a search will depend on the circumstances of the search, including what is suspected of being carried, and by whom.

5.5 If the suspicion relates to a particular article which is seen to be, or there is good reason to suspect has been, slipped into a person's pocket or bag, then subject to reasonable consideration of the safety of the searching constable, and 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 or bag. 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 including a strip search or intimate search.

5.6 Similarly, the recovery of a stolen or prohibited article (such as a knife) from a person's possession may provide reasonable grounds for a constable to suspect that they have additional items in their possession which would warrant a more extensive search including a strip search or intimate search.

Considerations when searching groups

5.7 Where constables encounter a group of people and have grounds to carry out a search of individuals within the group there must be reasonable grounds for suspicion for each individual to be searched. The presence of a person within a group does not, on its own, provide reasonable grounds for a search of that person.

5.8 In determining the approach to the searching of groups, constables must consider the risk to themselves, the individuals in the group and the public, using clear communication and the appropriate level of force while treating everyone with fairness, integrity and respect.

5.9 Where practicable, constables should explain the reason for any searches to those involved and take reasonable steps to minimise disruption and safeguard the wellbeing of everyone present.

Steps to be taken before carrying out a search

5.10 Constables must ensure, so far as is reasonably practicable, that the person understands why they are to be searched and what the search will involve. If the person to be searched does not appear to understand what is being said, the constable must take reasonable steps to bring information regarding the person's rights and any relevant provisions of this Code to their attention.

5.11 Before any search takes place, the constable must, if not in uniform, show their warrant card to the person(s) to be searched. When in uniform the constable must show their warrant card if requested.

5.12 Prior to commencing a search, constables should ask if the person has any items in their possession that may potentially harm a searching officer. They should also be notified that a failure to disclose such information may constitute an offence.

5.13 Members of the public have the right to volunteer information with a view to avoiding a search and constables must give a member of the public an opportunity to provide information if they wish to do so.

5.14 Prior to a search, a person is under no obligation to provide their name, address and date of birth to the constable.

Steps be taken during a stop and search encounter

5.15 How constables engage with the public during stop and search is a key factor in determining outcomes including establishing grounds for search or allaying suspicions.

5.16 Constables should use everyday language, build a rapport where possible and treat everyone with fairness, integrity and respect. All searches must take into consideration any cultural and religious sensitivities.

5.17 Every effort should be made to explain the reasons for deciding to search a person in a way they understand. Constables should ensure that the person understands what is happening before, during and after a search.

5.18 All constables must provide the person to be searched with their name and number and the name of the police station to which the constable is attached. Except where the constable reasonably believes that giving these details might put them, or another constable, in danger, in which case a warrant or other identification number should be given.

5.19 Constables must give the person(s) being searched the following information:

• that they are being detained for the purposes of a search
• that for the purposes of the search they do not have to provide any information about themselves, or to say anything
• the legal search power which is being exercised
• a clear explanation of the object or article being searched for
• that the constable is required to make a record of the search and that they are entitled to a copy of the record of the search

5.20 Constables must also inform the person if they are being recorded, for example by Body Worn Video (BWV). Constables don’t require the person’s consent to record a stop and search encounter.

5.21 In the case of powers requiring reasonable suspicion, the constable must inform the person(s) being searched of the grounds for that suspicion. This means explaining the basis for the suspicion by reference to facts, intelligence or information.

5.22 The search must be carried out at or near the place where the person was first detained. A person may be detained at a place other than where they were first stopped only if that place is within a reasonable travelling distance. This applies to all searches under stop and search powers. If a search involves exposure of intimate parts of the body this must take place in private, such as in a private residence or in a police station but not in a police vehicle. Chapter 8 provides details on how strip searches and intimate searches must be carried out.

5.23 In certain circumstances, a constable may exercise stop and search powers in anticipation of violence through powers conferred under section 60(4A) of the Criminal Justice and Public Order Act 1994. This grants a constable with the power to require any person to remove and seize any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing their identity.

5.24 Where there may be religious or cultural sensitivities about the removal of an item, the constable should permit the item to be removed out of public view. Where practicable, the item should be removed in the presence of a constable of the same sex as the person and out of sight of anyone of the opposite sex.

5.25 A search in public of a person's clothing which has not been removed must be restricted to superficial examination of outer garments. A constable can place their hand inside the pockets of the outer clothing, or feel 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.

Steps to be taken after a search

5.26 The person who has been searched should be given a receipt immediately following a search which includes the following information:

• grounds on which the search was based and the legislation used
• the right of a person searched to obtain a copy of the record of the search
• the right of a person searched to complain, including how to go about making a complaint

5.27 Where constables stop and search multiple persons at one incident, they must issue a receipt to each person searched.

5.28 If the stop and search of a person fails to provide reasonable grounds for the constable to arrest, then the searched person is under no obligation to provide identifying information to the police. If the stop and search of a person provides reasonable grounds for the constable to arrest, then the searched person is required to provide identifying information to the police.

5.29 Constables should explain that the person who has been searched is entitled to obtain a copy of the record of search, provided they ask for it from the police within six months of the date on which they were searched.

5.30 Constables should also explain that the right to obtain a copy of a record of the search will only apply where the person has provided their name, address and date of birth.

5.31 Where a constable who is conducting a search is called to an urgent incident, in exceptional circumstances, it may be wholly impracticable to provide a receipt. In that event, if the person has provided their details, the constable should explain the circumstances and advise them that they can access a copy of the record of search by calling at any police station.

5.32 This does not apply where there are exceptional circumstances which make it wholly impracticable to make a record of the search at the time or the person searched has not provided their name, address and date of birth.