In today’s society, awareness of your legal rights is critical. One of the most important aspects to understand is the police’s power to stop and search. This practice, while often controversial, is a tool used by law enforcement to prevent crime and maintain public safety. However, it’s essential to know your rights to ensure these powers are exercised fairly and responsibly.
What Is Stop and Search?
Stop and search allows police officers to stop individuals they suspect may be involved in criminal activity and search them for illegal items such as drugs, weapons, stolen property, or items that can be used to commit crimes. According to the Royal Borough of Greenwich, police should only utilise these methods when there is a reasonable suspicion that someone is linked to a crime. The goal is to address suspicions without making an arrest, thus avoiding unnecessary detentions.
Reasonable grounds mean that an ordinary person with all the information the officer has would think it’s fair to search. The suspicion must be based on factual evidence rather than assumptions or stereotypes. For instance, being stopped solely based on your appearance, race, or the area you are in is not considered reasonable grounds.
Under Section 60 of the Criminal Justice and Public Order Act 1994, police can stop and search individuals without needing reasonable grounds if authorised by a senior officer. This authority is typically granted in situations where serious violence is anticipated. Despite the lack of need for suspicion, police must still follow strict protocols and inform you about the authorization.
Your Rights during a Stop and Search
Being aware of your rights is crucial during a stop and search. Police officers must conduct searches fairly and with respect, following the guidelines set out under the Equality Act 2010. This means they cannot stop and search you based on discrimination related to race, age, sex, gender reassignment, disability, or religion. If English is not your first language, officers must take reasonable steps to explain the situation in a language you understand.
Before starting the search, officers must identify themselves, explain why you are being searched, what they expect to find, and your right to a record of the search. They can ask you to remove your coat, jacket, and gloves but anything more requires taking you to a private location or a police station. This ensures the search is conducted respectfully and lawfully.
If You Feel Your Rights Were Violated
If you believe you were stopped and searched without reasonable grounds or faced discriminatory treatment, you have the right to file a police complaint claim. Complaints can be made through the Independent Office for Police Conduct, which ensures your complaint reaches the appropriate authorities for review.
Filing a complaint is straightforward. Use the IOPC’s online tool to select the relevant local police force or fill out their online complaint form. You also have the option to sue the police for compensation if the search was conducted unlawfully or if you experienced police misconduct. Legal advice can be sought from https://www.policecomplaint.co.uk’s solicitors specialising in actions against the police.
Strip searches are more intrusive and can only be conducted under strict conditions. They must take place out of public view, and the searching officer must be of the same sex as the individual being searched. If you are subjected to a strip search, you have the right to request a record of the search to ensure it was conducted lawfully.
The Public Order Act 2023 has introduced new provisions making it easier for police to conduct suspicionless searches related to protest activities. While intended to prevent public disorder, these expanded powers have raised concerns about potential misuse and the need for greater oversight to protect individuals’ rights.
Ensuring Fair Treatment during Stop and Search
To ensure fair treatment, police must adhere to the GOWISELY acronym during a stop and search:
- Grounds for suspicion
- Object of the search
- Warrant card (if not in uniform)
- Identity of the officer
- Station where the officer is based
- Entitlement to a search record
- Legal power used
- You are detained for a search
Ensuring these steps are followed helps maintain transparency and accountability during the process.
What to Do If Detained
If you are unsure whether the search is complete, you can ask, “Am I being detained?” If the answer is no, you are free to leave. Police are required to keep the detention time to a minimum and provide a copy of the search record once it is complete.
Search records are vital for accountability. They must include details such as your ethnicity, the date, time, place of the search, the officers involved, and the grounds for suspicion.
If you feel your rights have been violated, don’t hesitate to seek legal advice and take action against the police. Remember, awareness and knowledge are your best defences against unfair treatment.
