On the Street

Most of the powers given to the police to stop people in the street and search them are contained in the 1984 Police and Criminal Evidence Act, which sets out codes of practice for the police to follow. The police also have extended powers to stop and search under the Terrorism Act 2000. The codes of practice, which change regularly, are available in police stations and public libraries for people to look at. However, the police are obliged to have an up to date copy. The main points are as follows:

• If a police officer stops you in the street, you are entitled to know their number, station and why they have stopped you. You have the right to ask for a basic record of the search.

• The police have a general power to stop you, ask your name, address, where you have been and where you are going. You do not have to answer, but if you are not doing anything wrong it is probably in your best interests to reply. They can arrest you to ascertain your correct details but this must be reasonable and not based on prejudice.

• The police cannot search you unless they have arrested you or they have reasonable grounds to suspect they will find something which has been stolen or is illegal e.g. drugs, an offensive weapon, stolen credit card etc. If you are 17 or over you can volunteer to let the police search you. Under 17, an ‘appropriate adult’ such as a parent or guardian can volunteer to let you be searched and make sure you understand the situation. In some circumstances you can be searched without a reason (e.g. at a football match, or on a train/underground under the Terrorism Act 2000).

• If the police want to remove more than your outer clothing, this must be done out of public sight and by an officer of the same sex. No one of the opposite sex must be present. Intimate body searches (not the mouth) must be carried out in the presence of someone who is medically qualified and only following arrest.

• The police can search; you in a public place, anything you are carrying or a vehicle you are in or which is yours. They cannot search you in a flat, house or garden unless they believe you do not have permission to be there.