Liberty - Protecting civil liberties, promoting human rights

The key police power is stop and search when there are reasonable grounds to suspect a person may have hidden weapons or stolen goods etc. However, powers have also been extended to allow for stop and search without suspicion in specific areas – the most far-reaching of which was under section 44 of the Terrorism Act 2000.

Codes of Practice issued under the Police and Criminal Evidence Act 1984 (PACE Codes) govern how police exercise their powers of stop and search.

Stop and search with suspicion

Under the Police and Criminal Evidence Act 1984 (PACE) all police officers have the power to stop and search any person in a public place when they have reasonable grounds to suspect that he or she may have on them (or in their car) stolen items, offensive weapons, fireworks or prohibited items (i.e. tools that could be used in a burglary). For more information about your rights if stopped and searched under this power see our legal information website Your Rights.

Stop and search under section 44

Under section 44 of the Terrorism Act 2000 police could stop and search anyone who was in a specific area without suspicion. We have seen these powers being used disproportionately against ethnic minority groups and on peaceful protestors and they have been found to be in breach of human rights law.

In July 2010 the Government announced that the use of section 44 to stop and search individuals was going to be temporarily suspended.

Use our Bill Tracker tool to follow the progress of the Protection of Freedoms Bill which contains many proposed changes to current counter terrorism laws, including section 44.

Stop and search to prevent knife crime

Under section 60 of the Criminal Justice and Public Order Act 1994, police can stop and search, without the need for suspicion, anyone who is in a designated area. A person in that area can be searched to see if they are in possession of weapons or dangerous instruments (being anything that has a blade or sharp point).

An inspector or police officer of higher rank has the power to designate an area for up to 24 hours (which can be renewed), if he or she reasonably believes:

• that serious violence may take place in a particular locality and it is ‘expedient’ to make the authorisation to prevent it taking place; or
  
• that serious violence has taken place and weapons or dangerous instruments involved in the incident need to be found; or
  
• that people are carrying offensive weapons or dangerous instruments in the area without good reason.
  

This power is more tightly defined than the similar power in section 44. However, the power to designate an area when it is ‘expedient’ to do so is very broad and open to misuse and needs to be tightened.