Who can stop you?
What is a "Stop"?
What is a "Stop and Search"?
Powers under the Terrorism Act 2000
What happens when I am stopped or searched?
Changes to "Stop and Search"
Who can stop you?
A Police Officer or a Police Community Support Officer (PCSO) can stop you. A PCSO must be in uniform, but a police officer does not have to be. However, if not in uniform they must show you their identity card.
What is a "Stop"?
An officer may speak to you in the course of their duties without this being a 'stop', for instance to ask you if you have witnessed an incident. A 'stop' is when an officer stops you and asks you to account for yourself, i.e:
- What you are doing
- Why you are in an area or where you are going
What is a "Stop and Search"?
You can be stopped and searched anywhere where an officer believes that you are carrying:
- Drugs, weapons or stolen property
- Items which could be used to commit a crime or an act of terrorism
The officer can ask you to take off outer clothing e.g. coat or jacket or anything you wear for religious reasons, such as a veil or turban, but this should be done somewhere out of public view. You can ask that an officer of the same sex as you carries out the search. Being searched does not mean that you are being arrested.
Powers under the Terrorism Act 2000
More extensive powers of stop and search can be authorised under Schedule 7 of the Terrorism Act 2000, meaning that officers can search anyone within a certain area:
- When there is evidence that serious violence could take place there
- Where a terrorist threat has been identified
The officer must explain this to you and must be searching for items which could be used in connection with violence or terrorism.
What happens when I am stopped or searched?
The officer must tell you:
- Their name
- The station they work at
- Why they stopped you
- What law they are using
- What they are looking for if they search you
They must fill in a form and give you a copy. You should get this copy straight away unless the officer is called away to an emergency, in which case you can get a copy from a police station.
The officer must write down:
- Your name or a description of you (only if you are searched)
- How you describe your ethnic background
- When and where you were stopped or searched
- Why you were stopped or searched
- If they are taking any action against you
- The names and/or numbers of the officers
- If you were searched, what they were looking for and anything they found
The officer will ask you for your name, address and date of birth.
You do not have to give these details unless you are being arrested or reported for an offence.
What can I do if I am unhappy with how I was treated?
The officer should treat you fairly and with respect. If you are unhappy with how you were treated you can complain. It will help if you have kept the form which the officer gave you.
You can get advice about how to make a complaint from:
- Your local Police Authority
- A police station
- A Citizen’s Advice Bureau
- The Independent Police Complaints Commission
- The Commission for Equality and Human Rights
- A solicitor
Changes to "Stop and Search"
From July 2010 Cleveland Police will start using hand held electronic devices to record the details of police stops and police searches. One of the benefits of this new system will be to increase the amount of time that officers can spend on the front line, as there will be no necessity to return to the police station to input details of the encounter.
To ensure accountability of the police, the officer will still need to let the person stopped know who they are (by giving them a receipt with their details). If the person stopped would like a copy of the full details that have been entered regarding the encounter they will need to attend a police station with the receipt and proof of ID.
The Association of Police Authorities (APA) has produced an information poster on stop and search which can be viewed by clicking on the link below.
Click here to download APA document