C2 Part I Powers to Stop and Search
1 Power of constable to stop and search persons, vehicles etc.
C71
A constable may exercise any power conferred by this section—
a
in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or
C1b
in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.
C72
Subject to subsection (3) to (5) below, a constable—
a
may search—
i
any person or vehicle;
ii
anything which is in or on a vehicle,
b
may detain a person or vehicle for the purpose of such a search.
C73
This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles F15, any article to which subsection (8A) below applies F26, any substance to which subsection (8AA) below applies or any firework to which subsection (8B) below applies.
4
If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable grounds for believing—
a
that he does not reside in the dwelling; and
b
that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.
5
If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing—
a
that the person in charge of the vehicle does not reside in the dwelling; and
b
that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
C66
If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article F16, an article to which subsection (8A) below applies F22, a substance to which subsection (8AA) below applies or a firework to which subsection (8B) below applies, he may seize it.
7
An article is prohibited for the purposes of this Part of this Act if it is—
a
an offensive weapon; or
b
an article—
i
made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or
ii
intended by the person having it with him for such use by him or by some other person.
8
The offences to which subsection (7)(b)(i) above applies are—
a
burglary;
b
theft;
c
e
offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property);
F37f
an offence under section 137 of the Highways Act 1980 (wilful obstruction) involving activity which causes or is capable of causing serious disruption to two or more individuals or to an organisation;
g
an offence under section 78 of the Police, Crime, Sentencing and Courts Act 2022 (intentionally or recklessly causing public nuisance);
h
an offence under section 1 of the Public Order Act 2023 (offence of locking on);
i
an offence under section 3 of that Act (offence of causing serious disruption by tunnelling);
j
an offence under section 4 of that Act (offence of causing serious disruption by being present in a tunnel);
k
an offence under section 6 of that Act (obstruction etc of major transport works); and
l
an offence under section 7 of that Act (interference with use or operation of key national infrastructure).
F18A
This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 F31or 139AA of the Criminal Justice Act 1988.
F288AA
This subsection applies to any substance in relation to which a person has committed, or is committing or is going to commit an offence under section 6 of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place).
8AB
In this section references to such a substance include an article which contains such a substance.
F178B
This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.
8C
In this section—
a
“firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and
b
“fireworks regulations” has the same meaning as in that Act.
9
In this Part of this Act “offensive weapon” means any article—
a
made or adapted for use for causing injury to persons; or
b
intended by the person having it with him for such use by him or by some other person.
2 Provisions relating to search under section 1 and other powers.
C101
A constable who detains a person or vehicle in the exercise—
a
of the power conferred by section 1 above; or
b
of any other power—
i
to search a person without first arresting him; or
ii
to search a vehicle without making an arrest,
need not conduct a search if it appears to him subsequently—
i
that no search is required; or
ii
that a search is impracticable.
C102
If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—
a
of the power conferred by section 1 above; or
b
of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the M2Aviation Security Act 1982—
i
to search a person without first arresting him; or
ii
to search a vehicle without making an arrest,
it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—
i
if the constable is not in uniform, documentary evidence that he is a constable; and
ii
whether he is in uniform or not, the matters specified in subsection (3) below;
and the constable shall not commence the search until he has performed that duty.
C103
The matters referred to in subsection (2)(ii) above are—
a
the constable’s name and the name of the police station to which he is attached;
b
the object of the proposed search;
c
the constable’s grounds for proposing to make it; and
d
the effect of section 3(7) or (8) below, as may be appropriate.
4
A constable need not bring the effect of section 3(7) or (8) below to the attention of the appropriate person if it appears to the constable that it will not be practicable to make the record in section 3(1) below.
5
In this section “the appropriate person” means—
a
if the constable proposes to search a person, that person; and
b
if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.
6
On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in subsection (2) above a constable shall leave a notice—
a
stating that he has searched it;
b
giving the name of the police station to which he is attached;
c
stating that an application for compensation for any damage caused by the search may be made to that police station; and
d
stating the effect of section 3(8) below.
7
The constable shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.
C88
The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.
C89
Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed—
a
as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves; or
b
as authorising a constable not in uniform to stop a vehicle.
10
This section and section 1 above apply to vessels, aircraft and hovercraft as they apply to vehicles.
3 Duty to make records concerning searches.
C31
Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—
a
under section 6 below; or
C3F292
If a record of a search is required to be made by subsection (1) above—
a
in a case where the search results in a person being arrested and taken to a police station, the constable shall secure that the record is made as part of the person's custody record;
b
in any other case, the constable shall make the record on the spot, or, if that is not practicable, as soon as practicable after the completion of the search.
F323
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F324
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F325
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C46
The record of a search of a person or a vehicle—
a
shall state—
i
the object of the search;
ii
the grounds for making it;
iii
the date and time when it was made;
iv
the place where it was made;
F34v
except in the case of a search of an unattended vehicle, the ethnic origins of the person searched or the person in charge of the vehicle searched (as the case may be); and;
b
shall identify the constable F27who carried out the search.
C4F256A
The requirement in subsection (6)(a)(v) above for a record to state a person's ethnic origins is a requirement to state—
a
the ethnic origins of the person as described by the person, and
b
if different, the ethnic origins of the person as perceived by the constable.
C57
F24If a record of a search of a person has been made under this section, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below.
8
If—
a
the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asked for a copy of the record of the search before the end of the period specified in subsection (9) below; and
F23b
a record of the search of the vehicle has been made under this section,
the person who made the request shall be entitled to a copy.
C99
The period mentioned in subsections (7) and (8) above is the period of F303 months beginning with the date on which the search was made.
10
The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.
4 Road checks.
1
This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying—
a
a person who has committed an offence other than a road traffic offence or a F2vehicle excise offence;
b
a person who is a witness to such an offence;
c
a person intending to commit such an offence; or
d
a person who is unlawfully at large.
2
For the purposes of this section a road check consists of the exercise in a locality of the power conferred by F3section 163 of the Road Traffic Act 1988. in such a way as to stop during the period for which its exercise in that way in that locality continues all vehicles or vehicles selected by any criterion.
3
Subject to subsection (5) below, there may only be such a road check if a police officer of the rank of superintendent or above authorises it in writing.
4
An officer may only authorise a road check under subsection (3) above—
a
for the purpose specified in subsection (1)(a) above, if he has reasonable grounds—
i
for believing that the offence is F18an indictable offence ; and
ii
for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;
b
for the purpose specified in subsection (1)(b) above, if he has reasonable grounds for believing that the offence is F18an indictable offence ;
c
for the purpose specified in subsection (1)(c) above, if he has reasonable grounds—
i
for believing that the offence would be F18an indictable offence ; and
ii
for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;
d
for the purpose specified in subsection (1)(d) above, if he has reasonable grounds for suspecting that the person is, or is about to be, in that locality.
5
An officer below the rank of superintendent may authorise such a road check if it appears to him that it is required as a matter of urgency for one of the purposes specified in subsection (1) above.
6
If an authorisation is given under subsection (5) above, it shall be the duty of the officer who gives it—
a
to make a written record of the time at which he gives it; and
b
to cause an officer of the rank of superintendent or above to be informed that it has been given.
7
The duties imposed by subsection (6) above shall be performed as soon as it is practicable to do so.
8
An officer to whom a report is made under subsection (6) above may, in writing, authorise the road check to continue.
9
If such an officer considers that the road check should not continue, he shall record in writing—
a
the fact that it took place; and
b
the purpose for which it took place.
10
An officer giving an authorisation under this section shall specify the locality in which vehicles are to be stopped.
11
An officer giving an authorisation under this section, other than an authorisation under subsection (5) above—
a
shall specify a period, not exceeding seven days, during which the road check may continue; and
b
may direct that the road check—
i
shall be continuous; or
ii
shall be conducted at specified times,
during that period.
12
If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may, from time to time, in writing specify a further period, not exceeding seven days, during which it may continue.
13
Every written authorisation shall specify—
a
the name of the officer giving it;
b
the purpose of the road check; and
c
the locality in which vehicles are to be stopped.
14
The duties to specify the purposes of a road check imposed by subsections (9) and (13) above include duties to specify any relevant F19indictable offence .
15
Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped shall be entitled to obtain a written statement of the purpose of the road check if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped.
16
Nothing in this section affects the exercise by police officers of any power to stop vehicles for purposes other than those specified in subsection (1) above.
5 Reports of recorded searches and of road checks.
1
Every annual report—
b
made by the Commissioner of Police of the Metropolis,
shall contain information—
i
about searches recorded under section 3 above which have been carried out in the area to which the report relates during the period to which it relates; and
ii
about road checks authorised in that area during that period under section 4 above.
1A
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2
The information about searches shall not include information about specific searches but shall include—
a
the total numbers of searches in each month during the period to which the report relates—
i
for stolen articles;
ii
for offensive weapons F5or articles to which section 1(8A) above applies; and
iii
for other prohibited articles;
b
the total number of persons arrested in each such month in consequence of searches of each of the descriptions specified in paragraph (a)(i) to (iii) above.
3
The information about road checks shall include information—
a
about the reason for authorising each road check; and
b
about the result of each of them.
6 Statutory undertakers etc.
1
A constable employed by statutory undertakers may stop, detain and search any vehicle before it leaves a goods area included in the premises of the statutory undertakers.
F61A
Without prejudice to any powers under subsection (1) above, a constable employed F7by the F11British Transport Police Authority may stop, detain and search any vehicle before it leaves a goods area which is included in the premises of any successor of the British Railways Board and is used wholly or mainly for the purposes of a relevant undertaking.
2
In this section “goods area” means any area used wholly or mainly for the storage or handling of goods F8; and “successor of the British Railways Board” and “relevant undertaking” have the same meaning as in the Railways Act 1993 (Consequential Modifications) Order 1999.
3
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4
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Part I—supplementary
1
The following enactments shall cease to have effect—
a
section 8 of the M5Vagrancy Act 1824;
b
section 66 of the M6Metropolitan Police Act 1839;
c
section 11 of the M7Canals (Offences) Act 1840;
d
section 19 of the M8Pedlars Act 1871;
e
section 33 of the M9County of Merseyside Act 1980; and
f
section 42 of the M10West Midlands County Council Act 1980.
2
There shall also cease to have effect—
a
so much of any enactment contained in an Act passed before 1974, other than—
i
an enactment contained in public general Act; or
ii
an enactment relating to statutory undertakers,
as confers power on a constable to search for stolen or unlawfully obtained goods; and
b
so much of any enactment relating to statutory undertakers as provides that such a power shall not be exercisable after the end of a specified period.
3
In this Part of this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking.
Pt. I incorporated (E.W.S.) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52