Section 1 - Police and Criminal Evidence Act - PACE
(General stop and search)
Police can stop and search people under S1 of PACE if they have reasonable suspicion that you are in possession of
• a stolen item
• an offensive weapon
• an article adapted for use in damaging or destroying property
• an article adapted for use in theft or burglary
Section 60 - Criminal Justice Public Order Act
(Stop and search in anticipation of violence)
S60 order is authorised by the senior officer on the day when he believes there will be incidents involving serious violence in that particular area. Under s60 Police can stop and search anyone, and anything they are carrying, for
• offensive weapons
• dangerous instruments
Section 44 - Terrorism Act
(Stop and search in connection with terrorism)
This is not a general stop and search but must be authorised by a senior officer.
Police have power to stop and search any vehicle, its driver, any passenger in the vehicle and anything in or on the vehicle or carried by the driver or any passenger for articles associated with terrorism.
Police have the power to stop and search any pedestrian and anything carried by the pedestrian for articles associated with terrorism.
Section 23 - Misuse of Drugs Act
(Stop and search for illegal drugs)
Police can stops and search anyone if they have reasonable suspicion that you are in possession of a controlled drug.
In all these stop and searches you DO NOT have to give your name or address. (unless you are the driver of a vehicle).
There is no power to require a person to remove any clothing in public other than an outer coat, jacket or gloves. They can search inside pockets, bags etc but they cannot, and should not, remove items from wallets (ie cashcards) or literature in order to gain information.
In all cases before you are searched the police must tell you:
• the reason you are being searched
• the legal power that is being used
• their name or number (except Section 44)
• the police station where they are based.
• In the case of stop and search with reasonable suspicion (Section 1, Section 23) they must inform what that suspicion is.
If a cop has reasonable grounds to suspect you of anti-social behaviour, he can require you to give your details, or arrest you if you don't - (s50 Police Reform Act 2002) - see these pages from the NETCU guide for the warning that must be given:
Ask for a clear explanation of what the grounds for suspecting anti-social behaviour are - before complying.
Know your rights
The linked pdf may be useful to people - I've copied it below:_______________________________________________________________________
Stop and Search: Your Legal Rights
Can the police take my name and address?
It's not an offence to refuse to give the police your name and address, except if:
· you are the driver of a vehicle
· you are suspected of engaging in 'antisocial behaviour'.
Before giving your details ask what 'antisocial behaviour' they suspect you have committed, as they could well be trying it on. You can be arrested if you don't give your name and address and the police think you've committed any offence (however minor), or are about to. Again ask what offence you are supposed to have committed before giving any info.
When can the police stop and search me?
· At any time - you and your vehicle can be stopped and searched at any time if the police reasonably suspect that you've got drugs, weapons, stolen items or items (tools etc) to carry out theft, burglary orcriminal damage. Or if they reasonably suspect you are a terrorist.
· Section 60 – this search must be specifically authorised by a senior police officer. You and your vehicle can be stopped and searched for offensive weapons and dangerous instruments(eg tent poles, scissors, tools or an umbrella). They can't search for anything else or seize anything else eg address book, camera film. The police don't need any grounds to suspect that you are carrying weapons or dangerous instruments before searching you.
· Section 44 – this search must be specifically authorised by a senior officer. You and your vehicle can be searched for articles (including computers, cameras, paperwork) that could be used in connection with terrorism. Again the police don't need any reasons for the search.
The following apply to all of the above stop and search provisions:
· You don't need to give your name and address when subjected to these searches, unless you are the driver of a vehicle that is being searched.
· They can require you to remove outer clothing and they can ‘pat you down’, but this must be done by a same sex officer. They can also check your bags and pockets.
· Weapons or other items, that they are entitled to search for, can be seized.
· They must give you a form explaining why you were stopped and searched.
· It's an offence to refuse to be searched.
Know you Rights
-when you are informed that a search must take place put these items/wallet straight into your hand and keep it there -maybe as you start to approach a stop and search point
(you will not notice the police taking these from you during the search and then abusing their powers by finding your identity this way -I saw it happening time and time again recently, even with those warned. If you have four officers going through your pockets and stuff all at the same time you cannot control what is happening at that time, that is why they do it)
-When it gets to the point where you are asked to hand over what you have in your hand you can then say something like
I am not required to give my details to you under the powers of this search and as I have things that would reveal my details to you in my hand I am going to show you them (keeping them in hands -do not hand over) but I will cover my name etc when I show (not give) you these things.
-Then when there is nothing left in your wallet to identify you it is alright for you to hand it over for them to check for razor blades, and you will have shown your cards to the extent that it can be seen they are not offensive weapons (a broken card is considered an offensive weapon0
If the police get mobile phones/ credit cards -even membership cards in their hands the next step can be a threat of arrest for stealing these things unless you give your details. These threats can also happen for being an "illegal immigrant" if you seem to have a foreign accent
they are incriminating themselves if they say you are legally required to do anything so always ask if you are legally required to do anything they are suggesting you should do
re a different post: pat downs do not have to be done by same sex officers (Though I've never seem it done otherwise and police will let a queue of females build up rather than not do a same sex pat down when female officers aren't around). Only intimate/strip search require same sex, (which also require a private place -which is not a police van)
SOLIDARITY WITH NO COMMENT IN INTERVIEWS AND WITH-HOLDING DETAILS (even the long/short journey, how last night was...) -remember you are one of many, many more you've never met but can still give support to them with your actions
during searches it is not just an outer jacket but any other outer clothing and removal of socks and shoes can also be included.
don't give your detials