Stop and Search

The Stephen Lawrence Inquiry recognised that ‘stops’ that did not involve searches were as much a cause of tension between minority ethnic and other vulnerable communities and the police, as stops involving searches. As a result Recommendation 61 of the Inquiry Report has been implemented and with effect, from 1 April 2005, a record needs to be made by police officers of all stops in addition to stops and searches covered by the Police and Criminal Evidence Act.

What is the difference between a 'stop' and a 'stop and search'?

A 'stop' is where a police officer (or police community support officer) asks someone in a public place to account for themselves, that is to explain their actions, behaviour, presence in an area or possession of anything but does not physically search them. A 'stop and search' is when a police officer physically searches a person, their clothes and anything they are carrying. These searches can only be carried out in accordance with statutory powers. There is no such thing as a 'voluntary' stop or stop and search.

Why has this change taken place?

If used properly 'stops' and 'stops and searches' can help prevent and detect crime and help make communities safer. The new recording requirement aims to improve how the police use their powers and make them more accountable.

What difference will the changes make to me?

If the police stop you and ask you to account for yourself, they must give you a written form (this will not apply if an officer has a general conversation with you such as to seek background information or to ask you for or give you directions).

Why does a form need to be completed?

The form will help safeguard your rights as an individual because it means the police have to give a written reason of why you were stopped, where and by whom (it is not a criminal record). It should help to make police officers think more carefully about stopping people and ensure this is not done on a random or discriminatory basis but in a focused way based on intelligence. If issued with a form you should keep it safe as you may wish to use it should you wish to complain.

Further Information

If you wish to obtain further information as to your rights please refer to the new Stop and Search leaflet issued by the Association of Police Authorities.

Stop and Search leaflet