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+ | www.tso.co.uk | ||
+ | The Code contained in this booklet has been issued by the Home Secretary under the | ||
+ | Police and Criminal Evidence Act 1984 and has been approved by Parliament. | ||
+ | Copies of the Codes issued under the Police and Criminal Evidence Act 1984 must | ||
+ | be readily available in all police stations for consultation by police officers, detained | ||
+ | people and members of the public. | ||
+ | CODE A | ||
+ | Revised | ||
+ | Code of Practice for the | ||
+ | exercise by: | ||
+ | Police Officers of Statutory | ||
+ | Powers of stop and search | ||
+ | Police Officers and Police | ||
+ | Staff of requirements to | ||
+ | record public encounters | ||
+ | ACODE A | ||
+ | Code | ||
+ | A | ||
+ | Published by TSO (The Stationery Office) and available from: | ||
+ | Online | ||
+ | www.tsoshop.co.uk | ||
+ | Mail, Telephone, Fax & E-mail | ||
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+ | Published with the permission of the Home Office on behalf of the Controller of Her | ||
+ | Majesty’s Stationery Office. | ||
+ | © Crown Copyright 2014 | ||
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+ | ISBN 978 0 11 341378 2 | ||
+ | Printed on paper containing 75% recycled fibre content minimum | ||
+ | Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s | ||
+ | Stationery Office | ||
+ | J003019983 C00 03/15 45924 19585 | ||
+ | CODE OF PRACTICE FOR THE EXERCISE BY: | ||
+ | POLICE OFFICERS OF STATUTORY POWERS OF STOP AND SEARCH | ||
+ | POLICE OFFICERS AND POLICE STAFF OF REQUIREMENTS TO | ||
+ | RECORD PUBLIC ENCOUNTERS | ||
+ | A | ||
+ | CODE OF PRACTICE FOR THE EXERCISE BY: | ||
+ | POLICE OFFICERS OF STATUTORY POWERS OF STOP AND SEARCH | ||
+ | POLICE OFFICERS AND POLICE STAFF OF REQUIREMENTS TO | ||
+ | RECORD PUBLIC ENCOUNTERS | ||
+ | Commencement – Transitional Arrangements | ||
+ | This code applies to any search by a police officer and the recording of public | ||
+ | encounters taking place after 00.00 on 19 March 2015. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 2 | ||
+ | A Contents | ||
+ | 1.0 General .........................................................................................................................4 | ||
+ | 1 Principles governing stop and search .....................................................................4 | ||
+ | 2 Types of stop and search powers.............................................................................5 | ||
+ | (a) Stop and search powers requiring reasonable grounds for suspicion – | ||
+ | explanation ...........................................................................................................6 | ||
+ | General ..................................................................................................................6 | ||
+ | Personal factors can never support reasonable grounds for suspicion ...............6 | ||
+ | Reasonable grounds for suspicion based on information and/or intelligence......7 | ||
+ | Reasonable grounds for suspicion and searching groups ..................................7 | ||
+ | Reasonable grounds for suspicion based on behaviour, time and location .........8 | ||
+ | Securing public confidence and promoting community relations ........................8 | ||
+ | Questioning to decide whether to carry out a search ...........................................8 | ||
+ | (b) Searches authorised under section 60 of the Criminal Justice and Public | ||
+ | Order Act 1994 .....................................................................................................9 | ||
+ | Powers to require removal of face coverings...................................................... 10 | ||
+ | (c) Not used............................................................................................................... 10 | ||
+ | (d) Searches under Schedule 5 to the Terrorism Prevention and Investigation | ||
+ | Measures Act 2011 ............................................................................................. 11 | ||
+ | (e) Powers to search persons in the exercise of a power to search premises ........ 12 | ||
+ | 3 Conduct of searches ................................................................................................ 12 | ||
+ | Steps to be taken prior to a search............................................................................. 14 | ||
+ | 4 Recording requirements .......................................................................................... 15 | ||
+ | (a) Searches which do not result in an arrest........................................................... 15 | ||
+ | (b) Searches which result in an arrest...................................................................... 15 | ||
+ | (c) Record of search ................................................................................................. 16 | ||
+ | Recording of encounters not governed by statutory powers...................................... 17 | ||
+ | 5 Monitoring and supervising the use of stop and search powers .......................18 | ||
+ | General........................................................................................................................ 18 | ||
+ | Suspected misuse of powers by individual officers.................................................... 18 | ||
+ | Notes for guidance ................................................................................................................18 | ||
+ | Officers exercising stop and search powers............................................................... 18 | ||
+ | Authorising officers .....................................................................................................21 | ||
+ | Recording....................................................................................................................22 | ||
+ | Definition of offensive weapon....................................................................................23 | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 3 | ||
+ | ANNEX A SUMMARY OF MAIN STOP AND SEARCH POWERS TO WHICH A | ||
+ | CODE A APPLIES ................................................................................... 24 | ||
+ | ANNEX B SELF-DEFINED ETHNIC CLASSIFICATION CATEGORIES ................27 | ||
+ | ANNEX C SUMMARY OF POWERS OF COMMUNITY SUPPORT OFFICERS | ||
+ | TO SEARCH AND SEIZE ........................................................................28 | ||
+ | 1. Not used ..........................................................................................28 | ||
+ | 2. Powers to search requiring the consent of the person | ||
+ | and seizure......................................................................................28 | ||
+ | 3. Powers to search not requiring the consent of the person and | ||
+ | seizure.............................................................................................29 | ||
+ | 4. Powers to seize without consent ....................................................29 | ||
+ | ANNEX D Deleted .....................................................................................................29 | ||
+ | ANNEX E Deleted .....................................................................................................29 | ||
+ | ANNEX F ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF | ||
+ | SEARCHING .............................................................................................29 | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 4 | ||
+ | A 1.0 General | ||
+ | 1.01 This code of practice must be readily available at all police stations for consultation by | ||
+ | police officers, police staff, detained persons and members of the public. | ||
+ | 1.02 The notes for guidance included are not provisions of this code, but are guidance to | ||
+ | police officers and others about its application and interpretation. Provisions in the | ||
+ | annexes to the code are provisions of this code. | ||
+ | 1.03 This code governs the exercise by police officers of statutory powers to search a | ||
+ | person or a vehicle without first making an arrest. The main stop and search powers to | ||
+ | which this code applies are set out in Annex A, but that list should not be regarded as | ||
+ | definitive (see Note 1). In addition, it covers requirements on police officers and police | ||
+ | staff to record encounters not governed by statutory powers (see paragraphs 2.11 and | ||
+ | 4.12). This code does not apply to: | ||
+ | (a) the powers of stop and search under: | ||
+ | (i) the Aviation Security Act 1982, section 27(2), and | ||
+ | (ii) the Police and Criminal Evidence Act 1984 (PACE), section 6(1) (which relates | ||
+ | specifically to powers of constables employed by statutory undertakers on | ||
+ | the premises of the statutory undertakers); | ||
+ | (b) searches carried out for the purposes of examination under Schedule 7 to the | ||
+ | Terrorism Act 2000 and to which the Code of Practice issued under paragraph 6 | ||
+ | of Schedule 14 to the Terrorism Act 2000 applies. | ||
+ | (c) the powers to search persons and vehicles and to stop and search in specified | ||
+ | locations to which the Code of Practice issued under section 47AB of the | ||
+ | Terrorism Act 2000 applies. | ||
+ | 1 Principles governing stop and search | ||
+ | 1.1 Powers to stop and search must be used fairly, responsibly, with respect for people | ||
+ | being searched and without unlawful discrimination. Under the Equality Act 2010, | ||
+ | section 149, when police officers are carrying out their functions, they also have a | ||
+ | duty to have due regard to the need to eliminate unlawful discrimination, harassment | ||
+ | and victimisation, to advance equality of opportunity between people who share a | ||
+ | ‘relevant protected characteristic’ and people who do not share it, and to take steps to | ||
+ | foster good relations between those persons (see Notes 1 and 1A). The Children Act | ||
+ | 2004, section 11, also requires chief police officers and other specified persons and | ||
+ | bodies to ensure that in the discharge of their functions they have regard to the need | ||
+ | to safeguard and promote the welfare of all persons under the age of 18. | ||
+ | 1.2 The intrusion on the liberty of the person stopped or searched must be brief and | ||
+ | detention for the purposes of a search must take place at or near the location of the | ||
+ | stop. | ||
+ | 1.3 If these fundamental principles are not observed the use of powers to stop and search | ||
+ | may be drawn into question. Failure to use the powers in the proper manner reduces | ||
+ | their effectiveness. Stop and search can play an important role in the detection and | ||
+ | prevention of crime, and using the powers fairly makes them more effective. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 5 | ||
+ | 1.4 The primary purpose of stop and search powers is to enable officers to allay or confirm A | ||
+ | suspicions about individuals without exercising their power of arrest. Officers may be | ||
+ | required to justify the use or authorisation of such powers, in relation both to individual | ||
+ | searches and the overall pattern of their activity in this regard, to their supervisory | ||
+ | officers or in court. Any misuse of the powers is likely to be harmful to policing and | ||
+ | lead to mistrust of the police. Officers must also be able to explain their actions to the | ||
+ | member of the public searched. The misuse of these powers can lead to disciplinary | ||
+ | action (see paragraphs 5.5 and 5.6). | ||
+ | 1.5 An officer must not search a person, even with his or her consent, where no power to | ||
+ | search is applicable. Even where a person is prepared to submit to a search voluntarily, | ||
+ | the person must not be searched unless the necessary legal power exists, and the | ||
+ | search must be in accordance with the relevant power and the provisions of this Code. | ||
+ | The only exception, where an officer does not require a specific power, applies to | ||
+ | searches of persons entering sports grounds or other premises carried out with their | ||
+ | consent given as a condition of entry. | ||
+ | 1.6 Evidence obtained from a search to which this Code applies may be open to challenge | ||
+ | if the provisions of this Code are not observed. | ||
+ | 2 Types of stop and search powers | ||
+ | 2.1 This code applies, subject to paragraph 1.03, to powers of stop and search as follows: | ||
+ | (a) powers which require reasonable grounds for suspicion, before they may be | ||
+ | exercised; that articles unlawfully obtained or possessed are being carried such | ||
+ | as section 1 of PACE for stolen and prohibited articles and section 23 of the | ||
+ | Misuse of Drugs Act 1971 for controlled drugs; | ||
+ | (b) authorised under section 60 of the Criminal Justice and Public Order Act 1994, | ||
+ | based upon a reasonable belief that incidents involving serious violence may take | ||
+ | place or that people are carrying dangerous instruments or offensive weapons | ||
+ | within any locality in the police area, or that it is expedient to use the powers to | ||
+ | find such instruments or weapons that have been used in incidents of serious | ||
+ | violence; | ||
+ | (c) Not used; | ||
+ | (d) the powers in Schedule 5 to the Terrorism Prevention and Investigation Measures | ||
+ | (TPIM) Act 2011 to search an individual who has not been arrested, conferred by: | ||
+ | (i) paragraph 6(2)(a) at the time of serving a TPIM notice; | ||
+ | (ii) paragraph 8(2)(a) under a search warrant for compliance purposes; and | ||
+ | (iii) paragraph 10 for public safety purposes. | ||
+ | See paragraph 2.18A. | ||
+ | (e) powers to search a person who has not been arrested in the exercise of a power | ||
+ | to search premises (see Code B paragraph 2.4). | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 6 | ||
+ | A (a) Stop and search powers requiring reasonable grounds for suspicion – | ||
+ | explanation | ||
+ | General | ||
+ | 2.2 Reasonable grounds for suspicion is the legal test which a police officer must satisfy | ||
+ | before they can stop and detain individuals or vehicles to search them under powers | ||
+ | such as section 1 of PACE (to find stolen or prohibited articles) and section 23 of the | ||
+ | Misuse of Drugs Act 1971 (to find controlled drugs). This test must be applied to the | ||
+ | particular circumstances in each case and is in two parts: | ||
+ | (i) Firstly, the officer must have formed a genuine suspicion in their own mind that | ||
+ | they will find the object for which the search power being exercised allows them | ||
+ | to search (see Annex A, second column, for examples); and | ||
+ | (ii) Secondly, the suspicion that the object will be found must be reasonable. This | ||
+ | means that there must be an objective basis for that suspicion based on facts, | ||
+ | information and/or intelligence which are relevant to the likelihood that the object | ||
+ | in question will be found, so that a reasonable person would be entitled to reach | ||
+ | the same conclusion based on the same facts and information and/or intelligence. | ||
+ | Officers must therefore be able to explain the basis for their suspicion by reference to | ||
+ | intelligence or information about, or some specific behaviour by, the person concerned | ||
+ | (see paragraphs 3.8(d), 4.6 and 5.5). | ||
+ | 2.2A The exercise of these stop and search powers depends on the likelihood that the | ||
+ | person searched is in possession of an item for which they may be searched; it does | ||
+ | not depend on the person concerned being suspected of committing an offence in | ||
+ | relation to the object of the search. A police officer who has reasonable grounds | ||
+ | to suspect that a person is in innocent possession of a stolen or prohibited article, | ||
+ | controlled drug or other item for which the officer is empowered to search, may stop | ||
+ | and search the person even though there would be no power of arrest. This would | ||
+ | apply when a child under the age of criminal responsibility (10 years) is suspected of | ||
+ | carrying any such item, even if they knew they had it. (See Notes 1B and 1BA.) | ||
+ | Personal factors can never support reasonable grounds for suspicion | ||
+ | 2.2B Reasonable suspicion can never be supported on the basis of personal factors. | ||
+ | This means that unless the police have information or intelligence which provides | ||
+ | a description of a person suspected of carrying an article for which there is a power | ||
+ | to stop and search, the following cannot be used, alone or in combination with each | ||
+ | other, or in combination with any other factor, as the reason for stopping and searching | ||
+ | any individual, including any vehicle which they are driving or are being carried in: | ||
+ | (a) A person’s physical appearance with regard, for example, to any of the ‘relevant | ||
+ | protected characteristics’ set out in the Equality Act 2010, section 149, which are | ||
+ | age, disability, gender reassignment, pregnancy and maternity, race, religion or | ||
+ | belief, sex and sexual orientation (see paragraph 1.1 and Note 1A), or the fact that | ||
+ | the person is known to have a previous conviction; and | ||
+ | (b) Generalisations or stereotypical images that certain groups or categories of | ||
+ | people are more likely to be involved in criminal activity. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 7 | ||
+ | 2.3 Not used. A | ||
+ | Reasonable grounds for suspicion based on information and/or intelligence | ||
+ | 2.4 Reasonable grounds for suspicion should normally be linked to accurate and current | ||
+ | intelligence or information, relating to articles for which there is a power to stop and | ||
+ | search, being carried by individuals or being in vehicles in any locality. This would | ||
+ | include reports from members of the public or other officers describing: | ||
+ | • a person who has been seen carrying such an article or a vehicle in which such | ||
+ | an article has been seen. | ||
+ | • crimes committed in relation to which such an article would constitute relevant | ||
+ | evidence, for example, property stolen in a theft or burglary, an offensive weapon | ||
+ | or bladed or sharply pointed article used to assault or threaten someone or an | ||
+ | article used to cause criminal damage to property. | ||
+ | 2.4A Searches based on accurate and current intelligence or information are more likely to | ||
+ | be effective. Targeting searches in a particular area at specified crime problems not | ||
+ | only increases their effectiveness but also minimises inconvenience to law-abiding | ||
+ | members of the public. It also helps in justifying the use of searches both to those | ||
+ | who are searched and to the public. This does not, however, prevent stop and search | ||
+ | powers being exercised in other locations where such powers may be exercised and | ||
+ | reasonable suspicion exists. | ||
+ | 2.5 Not used. | ||
+ | Reasonable grounds for suspicion and searching groups | ||
+ | 2.6 Where there is reliable information or intelligence that members of a group or gang | ||
+ | habitually carry knives unlawfully or weapons or controlled drugs, and wear a distinctive | ||
+ | item of clothing or other means of identification in order to identify themselves as | ||
+ | members of that group or gang, that distinctive item of clothing or other means of | ||
+ | identification may provide reasonable grounds to stop and search any person believed | ||
+ | to be a member of that group or gang. (See Note 9.) | ||
+ | 2.6A A similar approach would apply to particular organised protest groups where there is | ||
+ | reliable information or intelligence: | ||
+ | (a) that the group in question arranges meetings and marches to which one or more | ||
+ | members bring articles intended to be used to cause criminal damage and/or | ||
+ | injury to others in support of the group’s aims; | ||
+ | (b) that at one or more previous meetings or marches arranged by that group, such | ||
+ | articles have been used and resulted in damage and/or injury; and | ||
+ | (c) that on the subsequent occasion in question, one or more members of the group | ||
+ | have brought with them such articles with similar intentions | ||
+ | These circumstances may provide reasonable grounds to stop and search any | ||
+ | members of the group to find such articles (see Note 9A). See also paragraphs 2.12 to | ||
+ | 2.18, “Searches authorised under section 60 of the Criminal Justice and Public Order | ||
+ | Act 1994”, when serious violence is anticipated at meetings and marches. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 8 | ||
+ | A Reasonable grounds for suspicion based on behaviour, time and location | ||
+ | 2.6B Reasonable suspicion may also exist without specific information or intelligence | ||
+ | and on the basis of the behaviour of a person. For example, if an officer encounters | ||
+ | someone on the street at night who is obviously trying to hide something, the officer | ||
+ | may (depending on the other surrounding circumstances) base such suspicion on the | ||
+ | fact that this kind of behaviour is often linked to stolen or prohibited articles being | ||
+ | carried. An officer who forms the opinion that a person is acting suspiciously or that | ||
+ | they appear to be nervous must be able to explain, with reference to specific aspects | ||
+ | of the person’s behaviour or conduct which they have observed, why they formed that | ||
+ | opinion (see paragraphs 3.8(d) and 5.5). A hunch or instinct which cannot be explained | ||
+ | or justified to an objective observer can never amount to reasonable grounds. | ||
+ | 2.7 Not used. | ||
+ | 2.8 Not used. | ||
+ | Securing public confidence and promoting community relations | ||
+ | 2.8A All police officers must recognise that searches are more likely to be effective, | ||
+ | legitimate and secure public confidence when their reasonable grounds for suspicion | ||
+ | are based on a range of objective factors. The overall use of these powers is more | ||
+ | likely to be effective when up-to-date and accurate intelligence or information is | ||
+ | communicated to officers and they are well-informed about local crime patterns. Local | ||
+ | senior officers have a duty to ensure that those under their command who exercise | ||
+ | stop and search powers have access to such information, and the officers exercising | ||
+ | the powers have a duty to acquaint themselves with that information (see paragraphs | ||
+ | 5.1 to 5.6). | ||
+ | Questioning to decide whether to carry out a search | ||
+ | 2.9 An officer who has reasonable grounds for suspicion may detain the person concerned | ||
+ | in order to carry out a search. Before carrying out the search the officer may ask | ||
+ | questions about the person’s behaviour or presence in circumstances which gave | ||
+ | rise to the suspicion. As a result of questioning the detained person, the reasonable | ||
+ | grounds for suspicion necessary to detain that person may be confirmed or, because | ||
+ | of a satisfactory explanation, be dispelled. (See Notes 2 and 3.) Questioning may also | ||
+ | reveal reasonable grounds to suspect the possession of a different kind of unlawful | ||
+ | article from that originally suspected. Reasonable grounds for suspicion however | ||
+ | cannot be provided retrospectively by such questioning during a person’s detention or | ||
+ | by refusal to answer any questions asked. | ||
+ | 2.10 If, as a result of questioning before a search, or other circumstances which come to | ||
+ | the attention of the officer, there cease to be reasonable grounds for suspecting that | ||
+ | an article of a kind for which there is a power to stop and search is being carried, no | ||
+ | search may take place. (See Note 3.) In the absence of any other lawful power to | ||
+ | detain, the person is free to leave at will and must be so informed. | ||
+ | 2.11 There is no power to stop or detain a person in order to find grounds for a search. | ||
+ | Police officers have many encounters with members of the public which do not involve | ||
+ | detaining people against their will and do not require any statutory power for an officer | ||
+ | to speak to a person (see paragraph 4.12 and Note 1). However, if reasonable grounds | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 9 | ||
+ | for suspicion emerge during such an encounter, the officer may detain the person to A | ||
+ | search them, even though no grounds existed when the encounter began. As soon as | ||
+ | detention begins, and before searching, the officer must inform the person that they | ||
+ | are being detained for the purpose of a search and take action in accordance with | ||
+ | paragraphs 3.8 to 3.11 under “Steps to be taken prior to a search”. | ||
+ | (b) Searches authorised under section 60 of the Criminal Justice and Public | ||
+ | Order Act 1994 | ||
+ | 2.12 Authority for a constable in uniform to stop and search under section 60 of the Criminal | ||
+ | Justice and Public Order Act 1994 may be given if the authorising officer reasonably | ||
+ | believes: | ||
+ | (a) that incidents involving serious violence may take place in any locality in the | ||
+ | officer’s police area, and it is expedient to use these powers to prevent their | ||
+ | occurrence; | ||
+ | (b) that persons are carrying dangerous instruments or offensive weapons without | ||
+ | good reason in any locality in the officer’s police area; or | ||
+ | (c) that an incident involving serious violence has taken place in the officer’s police | ||
+ | area, a dangerous instrument or offensive weapon used in the incident is being | ||
+ | carried by a person in any locality in that police area, and it is expedient to use | ||
+ | these powers to find that instrument or weapon. | ||
+ | 2.13 An authorisation under section 60 may only be given by an officer of the rank of inspector | ||
+ | or above and in writing, or orally if paragraph 2.12(c) applies and it is not practicable | ||
+ | to give the authorisation in writing. The authorisation (whether written or oral) must | ||
+ | specify the grounds on which it was given, the locality in which the powers may be | ||
+ | exercised and the period of time for which they are in force. The period authorised | ||
+ | shall be no longer than appears reasonably necessary to prevent, or seek to prevent | ||
+ | incidents of serious violence, or to deal with the problem of carrying dangerous | ||
+ | instruments or offensive weapons or to find a dangerous instrument or offensive | ||
+ | weapon that has been used. It may not exceed 24 hours. An oral authorisation given | ||
+ | where paragraph 2.12(c) applies must be recorded in writing as soon as practicable. | ||
+ | (See Notes 10 to 13.) | ||
+ | 2.14 An inspector who gives an authorisation must, as soon as practicable, inform an officer | ||
+ | of or above the rank of superintendent. This officer may direct that the authorisation | ||
+ | shall be extended for a further 24 hours, if violence or the carrying of dangerous | ||
+ | instruments or offensive weapons has occurred, or is suspected to have occurred, | ||
+ | and the continued use of the powers is considered necessary to prevent or deal with | ||
+ | further such activity or to find a dangerous instrument or offensive weapon used that | ||
+ | has been used. That direction must be given in writing unless it is not practicable to | ||
+ | do so, in which case it must be recorded in writing as soon as practicable afterwards. | ||
+ | (See Note 12.) | ||
+ | 2.14A The selection of persons and vehicles under section 60 to be stopped and, if | ||
+ | appropriate, searched should reflect an objective assessment of the nature of the | ||
+ | incident or weapon in question and the individuals and vehicles thought likely to be | ||
+ | associated with that incident or those weapons (see Notes 10 and 11). The powers must | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 10 | ||
+ | A not be used to stop and search persons and vehicles for reasons unconnected with | ||
+ | the purpose of the authorisation. When selecting persons and vehicles to be stopped | ||
+ | in response to a specific threat or incident, officers must take care not to discriminate | ||
+ | unlawfully against anyone on the grounds of any of the protected characteristics set | ||
+ | out in the Equality Act 2010. (See paragraph 1.1.) | ||
+ | 2.14B The driver of a vehicle which is stopped under section 60 and any person who is | ||
+ | searched under section 60 are entitled to a written statement to that effect if they | ||
+ | apply within twelve months from the day the vehicle was stopped or the person was | ||
+ | searched. This statement is a record which states that the vehicle was stopped or (as | ||
+ | the case may be) that the person was searched under section 60 and it may form part | ||
+ | of the search record or be supplied as a separate record. | ||
+ | Powers to require removal of face coverings | ||
+ | 2.15 Section 60AA of the Criminal Justice and Public Order Act 1994 also provides a | ||
+ | power to demand the removal of disguises. The officer exercising the power must | ||
+ | reasonably believe that someone is wearing an item wholly or mainly for the purpose | ||
+ | of concealing identity. There is also a power to seize such items where the officer | ||
+ | believes that a person intends to wear them for this purpose. There is no power to | ||
+ | stop and search for disguises. An officer may seize any such item which is discovered | ||
+ | when exercising a power of search for something else, or which is being carried, and | ||
+ | which the officer reasonably believes is intended to be used for concealing anyone’s | ||
+ | identity. This power can only be used if an authorisation given under section 60 or | ||
+ | under section 60AA, is in force. (See Note 4.) | ||
+ | 2.16 Authority under section 60AA for a constable in uniform to require the removal of | ||
+ | disguises and to seize them may be given if the authorising officer reasonably believes | ||
+ | that activities may take place in any locality in the officer’s police area that are likely to | ||
+ | involve the commission of offences and it is expedient to use these powers to prevent | ||
+ | or control these activities. | ||
+ | 2.17 An authorisation under section 60AA may only be given by an officer of the rank of | ||
+ | inspector or above, in writing, specifying the grounds on which it was given, the locality | ||
+ | in which the powers may be exercised and the period of time for which they are in | ||
+ | force. The period authorised shall be no longer than appears reasonably necessary to | ||
+ | prevent, or seek to prevent the commission of offences. It may not exceed 24 hours. | ||
+ | (See Notes 10 to 13.) | ||
+ | 2.18 An inspector who gives an authorisation must, as soon as practicable, inform | ||
+ | an officer of or above the rank of superintendent. This officer may direct that the | ||
+ | authorisation shall be extended for a further 24 hours, if crimes have been committed, | ||
+ | or are suspected to have been committed, and the continued use of the powers is | ||
+ | considered necessary to prevent or deal with further such activity. This direction must | ||
+ | also be given in writing at the time or as soon as practicable afterwards. (See Note 12.) | ||
+ | (c) Not used | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 11 | ||
+ | (d) Searches under Schedule 5 to the Terrorism Prevention and Investigation A | ||
+ | Measures Act 2011 | ||
+ | 2.18A Paragraph 3 of Schedule 5 to the TPIM Act 2011 allows a constable to detain an | ||
+ | individual to be searched under the following powers: | ||
+ | (i) paragraph 6(2)(a) when a TPIM notice is being, or has just been, served on | ||
+ | the individual for the purpose of ascertaining whether there is anything on the | ||
+ | individual that contravenes measures specified in the notice; | ||
+ | (ii) paragraph 8(2)(a) in accordance with a warrant to search the individual issued | ||
+ | by a justice of the peace in England and Wales, a sheriff in Scotland or a lay | ||
+ | magistrate in Northern Ireland who is satisfied that a search is necessary for the | ||
+ | purpose of determining whether an individual in respect of whom a TPIM notice is | ||
+ | in force is complying with measures specified in the notice (see paragraph 2.20); | ||
+ | and | ||
+ | (iii) paragraph 10 to ascertain whether an individual in respect of whom a TPIM notice | ||
+ | is in force is in possession of anything that could be used to threaten or harm any | ||
+ | person. | ||
+ | See paragraph 2.1(e). | ||
+ | 2.19 The exercise of the powers mentioned in paragraph 2.18A does not require the | ||
+ | constable to have reasonable grounds to suspect that the individual: | ||
+ | (a) has been, or is, contravening any of the measures specified in the TPIM notice; or | ||
+ | (b) has on them anything which: | ||
+ | • in the case of the power in sub-paragraph (i), contravenes measures | ||
+ | specified in the TPIM notice; | ||
+ | • in the case of the power in sub-paragraph (ii) is not complying with measures | ||
+ | specified in the TPIM notice; or | ||
+ | • in the case of the power in sub-paragraph (iii), could be used to threaten or | ||
+ | harm any person. | ||
+ | 2.20 A search of an individual on warrant under the power mentioned in paragraph 2.18A(ii) | ||
+ | must carried out within 28 days of the issue of the warrant and: | ||
+ | • the individual may be searched on one occasion only within that period; | ||
+ | • the search must take place at a reasonable hour unless it appears that this would | ||
+ | frustrate the purposes of the search. | ||
+ | 2.21 Not used. | ||
+ | 2.22 Not used. | ||
+ | 2.23 Not used. | ||
+ | 2.24 Not used. | ||
+ | 2.24A Not used. | ||
+ | 2.25 Not used. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 12 | ||
+ | A 2.26 The powers under Schedule 5 allow a constable to conduct a search of an individual | ||
+ | only for specified purposes relating to a TPIM notice as set out above. However, | ||
+ | anything found may be seized and retained if there are reasonable grounds for believing | ||
+ | that it is or it contains evidence of any offence for use at a trial for that offence or to | ||
+ | prevent it being concealed, lost, damaged, altered, or destroyed. However, this would | ||
+ | not prevent a search being carried out under other search powers if, in the course of | ||
+ | exercising these powers, the officer formed reasonable grounds for suspicion. | ||
+ | (e) Powers to search persons in the exercise of a power to search premises | ||
+ | 2.27 The following powers to search premises also authorise the search of a person, not | ||
+ | under arrest, who is found on the premises during the course of the search: | ||
+ | (a) section 139B of the Criminal Justice Act 1988 under which a constable may enter | ||
+ | school premises and search the premises and any person on those premises for | ||
+ | any bladed or pointed article or offensive weapon; | ||
+ | (b) under a warrant issued under section 23(3) of the Misuse of Drugs Act 1971 | ||
+ | to search premises for drugs or documents but only if the warrant specifically | ||
+ | authorises the search of persons found on the premises; and | ||
+ | (c) under a search warrant or order issued under paragraph 1, 3 or 11 of Schedule | ||
+ | 5 to the Terrorism Act 2000 to search premises and any person found there for | ||
+ | material likely to be of substantial value to a terrorist investigation. | ||
+ | 2.28 Before the power under section 139B of the Criminal Justice Act 1988 may be exercised, | ||
+ | the constable must have reasonable grounds to suspect that an offence under section | ||
+ | 139A or 139AA of the Criminal Justice Act 1988 (having a bladed or pointed article or | ||
+ | offensive weapon on school premises) has been or is being committed. A warrant to | ||
+ | search premises and persons found therein may be issued under section 23(3) of the | ||
+ | Misuse of Drugs Act 1971 if there are reasonable grounds to suspect that controlled | ||
+ | drugs or certain documents are in the possession of a person on the premises. | ||
+ | 2.29 The powers in paragraph 2.27 do not require prior specific grounds to suspect that the | ||
+ | person to be searched is in possession of an item for which there is an existing power | ||
+ | to search. However, it is still necessary to ensure that the selection and treatment of | ||
+ | those searched under these powers is based upon objective factors connected with | ||
+ | the search of the premises, and not upon personal prejudice. | ||
+ | 3 Conduct of searches | ||
+ | 3.1 All stops and searches must be carried out with courtesy, consideration and respect | ||
+ | for the person concerned. This has a significant impact on public confidence in the | ||
+ | police. Every reasonable effort must be made to minimise the embarrassment that a | ||
+ | person being searched may experience. (See Note 4.) | ||
+ | 3.2 The co-operation of the person to be searched must be sought in every case, even if | ||
+ | the person initially objects to the search. A forcible search may be made only if it has | ||
+ | been established that the person is unwilling to co-operate or resists. Reasonable | ||
+ | force may be used as a last resort if necessary to conduct a search or to detain a | ||
+ | person or vehicle for the purposes of a search. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 13 | ||
+ | 3.3 The length of time for which a person or vehicle may be detained must be reasonable A | ||
+ | and kept to a minimum. Where the exercise of the power requires reasonable suspicion, | ||
+ | the thoroughness and extent of a search must depend on what is suspected of being | ||
+ | carried, and by whom. If the suspicion relates to a particular article which is seen to | ||
+ | be slipped into a person’s pocket, then, in the absence of other grounds for suspicion | ||
+ | or an opportunity for the article to be moved elsewhere, the search must be confined | ||
+ | to that pocket. In the case of a small article which can readily be concealed, such as | ||
+ | a drug, and which might be concealed anywhere on the person, a more extensive | ||
+ | search may be necessary. In the case of searches mentioned in paragraph 2.1(b) and | ||
+ | (d), which do not require reasonable grounds for suspicion, officers may make any | ||
+ | reasonable search to look for items for which they are empowered to search. (See | ||
+ | Note 5.) | ||
+ | 3.4 The search must be carried out at or near the place where the person or vehicle was | ||
+ | first detained. (See Note 6.) | ||
+ | 3.5 There is no power to require a person to remove any clothing in public other than an | ||
+ | outer coat, jacket or gloves, except under section 60AA of the Criminal Justice and | ||
+ | Public Order Act 1994 (which empowers a constable to require a person to remove | ||
+ | any item worn to conceal identity). (See Notes 4 and 6.) A search in public of a person’s | ||
+ | clothing which has not been removed must be restricted to superficial examination of | ||
+ | outer garments. This does not, however, prevent an officer from placing his or her | ||
+ | hand inside the pockets of the outer clothing, or feeling round the inside of collars, | ||
+ | socks and shoes if this is reasonably necessary in the circumstances to look for the | ||
+ | object of the search or to remove and examine any item reasonably suspected to | ||
+ | be the object of the search. For the same reasons, subject to the restrictions on the | ||
+ | removal of headgear, a person’s hair may also be searched in public. (See paragraphs | ||
+ | 3.1 and 3.3.) | ||
+ | 3.6 Where on reasonable grounds it is considered necessary to conduct a more thorough | ||
+ | search (e.g. by requiring a person to take off a T-shirt), this must be done out of public | ||
+ | view, for example, in a police van unless paragraph 3.7 applies, or police station if | ||
+ | there is one nearby (see Note 6.) Any search involving the removal of more than an | ||
+ | outer coat, jacket, gloves, headgear or footwear, or any other item concealing identity, | ||
+ | may only be made by an officer of the same sex as the person searched and may | ||
+ | not be made in the presence of anyone of the opposite sex unless the person being | ||
+ | searched specifically requests it. (See Code C Annex L and Notes 4 and 7.) | ||
+ | 3.7 Searches involving exposure of intimate parts of the body must not be conducted as | ||
+ | a routine extension of a less thorough search, simply because nothing is found in the | ||
+ | course of the initial search. Searches involving exposure of intimate parts of the body | ||
+ | may be carried out only at a nearby police station or other nearby location which is | ||
+ | out of public view (but not a police vehicle). These searches must be conducted in | ||
+ | accordance with paragraph 11 of Annex A to Code C except that an intimate search | ||
+ | mentioned in paragraph 11(f) of Annex A to Code C may not be authorised or carried | ||
+ | out under any stop and search powers. The other provisions of Code C do not apply | ||
+ | to the conduct and recording of searches of persons detained at police stations in the | ||
+ | exercise of stop and search powers. (See Note 7.) | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 14 | ||
+ | A Steps to be taken prior to a search | ||
+ | 3.8 Before any search of a detained person or attended vehicle takes place the officer | ||
+ | must take reasonable steps, if not in uniform (see paragraph 3.9), to show their | ||
+ | warrant card to the person to be searched or in charge of the vehicle to be searched | ||
+ | and whether or not in uniform, to give that person the following information: | ||
+ | (a) that they are being detained for the purposes of a search; | ||
+ | (b) the officer’s name (except in the case of enquiries linked to the investigation of | ||
+ | terrorism, or otherwise where the officer reasonably believes that giving their | ||
+ | name might put them in danger, in which case a warrant or other identification | ||
+ | number shall be given) and the name of the police station to which the officer is | ||
+ | attached; | ||
+ | (c) the legal search power which is being exercised, and | ||
+ | (d) a clear explanation of: | ||
+ | (i) the object of the search in terms of the article or articles for which there is a | ||
+ | power to search; and | ||
+ | (ii) in the case of: | ||
+ | • the power under section 60 of the Criminal Justice and Public Order Act | ||
+ | 1994 (see paragraph 2.1(b)), the nature of the power, the authorisation | ||
+ | and the fact that it has been given; | ||
+ | • the powers under Schedule 5 to the Terrorism Prevention and | ||
+ | Investigation Measures Act 2011 (see paragraph 2.1(e) and 2.18A): | ||
+ | ~ the fact that a TPIM notice is in force or, (in the case of paragraph | ||
+ | 6(2)(a)) that a TPIM notice is being served; | ||
+ | ~ the nature of the power being exercised. | ||
+ | For a search under paragraph 8 of Schedule 5, the warrant must be | ||
+ | produced and the person provided with a copy of it. | ||
+ | • all other powers requiring reasonable suspicion (see paragraph 2.1(a)), | ||
+ | the grounds for that suspicion. This means explaining the basis for the | ||
+ | suspicion by reference to information and/or intelligence about, or some | ||
+ | specific behaviour by, the person concerned (see paragraph 2.2). | ||
+ | (e) that they are entitled to a copy of the record of the search if one is made (see | ||
+ | section 4 below) if they ask within 3 months from the date of the search and: | ||
+ | (i) if they are not arrested and taken to a police station as a result of the search | ||
+ | and it is practicable to make the record on the spot, that immediately after the | ||
+ | search is completed they will be given, if they request, either: | ||
+ | • a copy of the record; or | ||
+ | • a receipt which explains how they can obtain a copy of the full record or | ||
+ | access to an electronic copy of the record; or | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 15 | ||
+ | (ii) if they are arrested and taken to a police station as a result of the search, that A | ||
+ | the record will be made at the station as part of their custody record and they | ||
+ | will be given, if they request, a copy of their custody record which includes | ||
+ | a record of the search as soon as practicable whilst they are at the station. | ||
+ | (See Note 16.) | ||
+ | 3.9 Stops and searches under the power mentioned in paragraph 2.1(b) may be undertaken | ||
+ | only by a constable in uniform. | ||
+ | 3.10 The person should also be given information about police powers to stop and search | ||
+ | and the individual’s rights in these circumstances. | ||
+ | 3.11 If the person to be searched, or in charge of a vehicle to be searched, does not appear | ||
+ | to understand what is being said, or there is any doubt about the person’s ability | ||
+ | to understand English, the officer must take reasonable steps to bring information | ||
+ | regarding the person’s rights and any relevant provisions of this Code to his or her | ||
+ | attention. If the person is deaf or cannot understand English and is accompanied by | ||
+ | someone, then the officer must try to establish whether that person can interpret or | ||
+ | otherwise help the officer to give the required information. | ||
+ | 4 Recording requirements | ||
+ | (a) Searches which do not result in an arrest | ||
+ | 4.1 When an officer carries out a search in the exercise of any power to which this Code | ||
+ | applies and the search does not result in the person searched or person in charge | ||
+ | of the vehicle searched being arrested and taken to a police station, a record must | ||
+ | be made of it, electronically or on paper, unless there are exceptional circumstances | ||
+ | which make this wholly impracticable (e.g. in situations involving public disorder or | ||
+ | when the recording officer’s presence is urgently required elsewhere). If a record is to | ||
+ | be made, the officer carrying out the search must make the record on the spot unless | ||
+ | this is not practicable, in which case, the officer must make the record as soon as | ||
+ | practicable after the search is completed. (See Note 16.) | ||
+ | 4.2 If the record is made at the time, the person who has been searched or who is in | ||
+ | charge of the vehicle that has been searched must be asked if they want a copy and if | ||
+ | they do, they must be given immediately, either: | ||
+ | • a copy of the record; or | ||
+ | • a receipt which explains how they can obtain a copy of the full record or access | ||
+ | to an electronic copy of the record. | ||
+ | 4.2A An officer is not required to provide a copy of the full record or a receipt at the time if | ||
+ | they are called to an incident of higher priority. (See Note 21.) | ||
+ | (b) Searches which result in an arrest | ||
+ | 4.2B If a search in the exercise of any power to which this Code applies results in a person | ||
+ | being arrested and taken to a police station, the officer carrying out the search is | ||
+ | responsible for ensuring that a record of the search is made as part of their custody | ||
+ | record. The custody officer must then ensure that the person is asked if they want a | ||
+ | copy of the record and, if they do, that they are given a copy as soon as practicable. | ||
+ | (See Note 16.) | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 16 | ||
+ | A (c) Record of search | ||
+ | 4.3 The record of a search must always include the following information: | ||
+ | (a) A note of the self defined ethnicity, and if different, the ethnicity as perceived by | ||
+ | the officer making the search, of the person searched or of the person in charge | ||
+ | of the vehicle searched (as the case may be) (see Note 18); | ||
+ | (b) The date, time and place the person or vehicle was searched (see Note 6); | ||
+ | (c) The object of the search in terms of the article or articles for which there is a | ||
+ | power to search; | ||
+ | (d) In the case of: | ||
+ | • the power under section 60 of the Criminal Justice and Public Order Act | ||
+ | 1994 (see paragraph 2.1(b)), the nature of the power, the authorisation and | ||
+ | the fact that it has been given (see Note 17); | ||
+ | • the powers under Schedule 5 to the Terrorism Prevention and Investigation | ||
+ | Measures Act 2011 (see paragraphs 2.1(e) and 2.18A): | ||
+ | ~ the fact that a TPIM notice is in force or, (in the case of paragraph 6(2) | ||
+ | (a)), that a TPIM notice is being served; | ||
+ | ~ the nature of the power, and | ||
+ | ~ for a search under paragraph 8, the date the search warrant was issued, | ||
+ | the fact that the warrant was produced and a copy of it provided and the | ||
+ | warrant must also be endorsed by the constable executing it to state | ||
+ | whether anything was found and whether anything was seized, and | ||
+ | • all other powers requiring reasonable suspicion (see paragraph 2.1(a)), the | ||
+ | grounds for that suspicion. | ||
+ | (e) subject to paragraph 3.8(b), the identity of the officer carrying out the search. | ||
+ | (See Note 15.) | ||
+ | 4.3A For the purposes of completing the search record, there is no requirement to record | ||
+ | the name, address and date of birth of the person searched or the person in charge | ||
+ | of a vehicle which is searched. The person is under no obligation to provide this | ||
+ | information and they should not be asked to provide it for the purpose of completing | ||
+ | the record. | ||
+ | 4.4 Nothing in paragraph 4.3 requires the names of police officers to be shown on the | ||
+ | search record or any other record required to be made under this Code in the case | ||
+ | of enquiries linked to the investigation of terrorism or otherwise where an officer | ||
+ | reasonably believes that recording names might endanger the officers. In such cases | ||
+ | the record must show the officers’ warrant or other identification number and duty | ||
+ | station. | ||
+ | 4.5 A record is required for each person and each vehicle searched. However, if a person | ||
+ | is in a vehicle and both are searched, and the object and grounds of the search are | ||
+ | the same, only one record need be completed. If more than one person in a vehicle | ||
+ | is searched, separate records for each search of a person must be made. If only a | ||
+ | vehicle is searched, the self-defined ethnic background of the person in charge of the | ||
+ | vehicle must be recorded, unless the vehicle is unattended. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 17 | ||
+ | 4.6 The record of the grounds for making a search must, briefly but informatively, explain A | ||
+ | the reason for suspecting the person concerned, by reference to information and/ | ||
+ | or intelligence about, or some specific behaviour by, the person concerned (see | ||
+ | paragraph 2.2). | ||
+ | 4.7 Where officers detain an individual with a view to performing a search, but the need to | ||
+ | search is eliminated as a result of questioning the person detained, a search should | ||
+ | not be carried out and a record is not required. (See paragraph 2.10 and Notes 3 and | ||
+ | 22A.) | ||
+ | 4.8 After searching an unattended vehicle, or anything in or on it, an officer must leave a | ||
+ | notice in it (or on it, if things on it have been searched without opening it) recording the | ||
+ | fact that it has been searched. | ||
+ | 4.9 The notice must include the name of the police station to which the officer concerned | ||
+ | is attached and state where a copy of the record of the search may be obtained and | ||
+ | how (if applicable) an electronic copy may be accessed and where any application for | ||
+ | compensation should be directed. | ||
+ | 4.10 The vehicle must if practicable be left secure. | ||
+ | 4.10A Not used. | ||
+ | 4.10B Not used. | ||
+ | Recording of encounters not governed by statutory powers | ||
+ | 4.11 Not used | ||
+ | 4.12 There is no national requirement for an officer who requests a person in a public | ||
+ | place to account for themselves, i.e. their actions, behaviour, presence in an area or | ||
+ | possession of anything, to make any record of the encounter or to give the person a | ||
+ | receipt. (See paragraph 2.11 and Notes 22A and 22B.) | ||
+ | 4.12A Not used. | ||
+ | 4.13 Not used. | ||
+ | 4.14 Not used. | ||
+ | 4.15 Not used. | ||
+ | 4.16 Not used. | ||
+ | 4.17 Not used. | ||
+ | 4.18 Not used. | ||
+ | 4.19 Not used. | ||
+ | 4.20 Not used. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 18 | ||
+ | A 5 Monitoring and supervising the use of stop and search powers | ||
+ | General | ||
+ | 5.1 Any misuse of stop and search powers is likely to be harmful to policing and lead to | ||
+ | mistrust of the police by the local community and by the public in general. Supervising | ||
+ | officers must monitor the use of stop and search powers and should consider in | ||
+ | particular whether there is any evidence that they are being exercised on the basis of | ||
+ | stereotyped images or inappropriate generalisations. Supervising officers must satisfy | ||
+ | themselves that the practice of officers under their supervision in stopping, searching | ||
+ | and recording is fully in accordance with this Code. Supervisors must also examine | ||
+ | whether the records reveal any trends or patterns which give cause for concern and, if | ||
+ | so, take appropriate action to address this. (See paragraph 2.8A.) | ||
+ | 5.2 Senior officers with area or force-wide responsibilities must also monitor the broader | ||
+ | use of stop and search powers and, where necessary, take action at the relevant level. | ||
+ | 5.3 Supervision and monitoring must be supported by the compilation of comprehensive | ||
+ | statistical records of stops and searches at force, area and local level. Any apparently | ||
+ | disproportionate use of the powers by particular officers or groups of officers or in | ||
+ | relation to specific sections of the community should be identified and investigated. | ||
+ | 5.4 In order to promote public confidence in the use of the powers, forces, in consultation | ||
+ | with police and crime commissioners, must make arrangements for the records to be | ||
+ | scrutinised by representatives of the community, and to explain the use of the powers | ||
+ | at a local level. (See Note 19.) | ||
+ | Suspected misuse of powers by individual officers | ||
+ | 5.5 Police supervisors must monitor the use of stop and search powers by individual | ||
+ | officers to ensure that they are being applied appropriately and lawfully. Monitoring | ||
+ | takes many forms, such as direct supervision of the exercise of the powers, examining | ||
+ | stop and search records (particularly examining the officer’s documented reasonable | ||
+ | grounds for suspicion) and asking the officer to account for the way in which they | ||
+ | conducted and recorded particular searches or through complaints about a stop and | ||
+ | search that an officer has carried out. | ||
+ | 5.6 Where a supervisor identifies issues with the way that an officer has used a stop | ||
+ | and search power, the facts of the case will determine whether the standards of | ||
+ | professional behaviour as set out in the Code of Ethics (see http://www.college.police. | ||
+ | uk/en/20972.htm) have been breached and which formal action is pursued. Improper | ||
+ | use might be a result of poor performance or a conduct matter, which will require the | ||
+ | supervisor to take appropriate action such as performance or misconduct procedures. | ||
+ | It is imperative that supervisors take both timely and appropriate action to deal with all | ||
+ | such cases that come to their notice. | ||
+ | Notes for guidance | ||
+ | Officers exercising stop and search powers | ||
+ | 1 This Code does not affect the ability of an officer to speak to or question a person in the | ||
+ | ordinary course of the officer’s duties without detaining the person or exercising any | ||
+ | element of compulsion. It is not the purpose of the code to prohibit such encounters | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 19 | ||
+ | between the police and the community with the co-operation of the person concerned A | ||
+ | and neither does it affect the principle that all citizens have a duty to help police officers | ||
+ | to prevent crime and discover offenders. This is a civic rather than a legal duty; but | ||
+ | when a police officer is trying to discover whether, or by whom, an offence has been | ||
+ | committed he or she may question any person from whom useful information might | ||
+ | be obtained, subject to the restrictions imposed by Code C. A person’s unwillingness | ||
+ | to reply does not alter this entitlement, but in the absence of a power to arrest, or to | ||
+ | detain in order to search, the person is free to leave at will and cannot be compelled | ||
+ | to remain with the officer. | ||
+ | 1A In paragraphs 1.1 and 2.2B(a), the ‘relevant protected characteristics’ are: age, | ||
+ | disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex | ||
+ | and sexual orientation. | ||
+ | 1B Innocent possession means that the person does [not] have the guilty knowledge that | ||
+ | they are carrying an unlawful item which is required before an arrest on suspicion | ||
+ | that the person has committed an offence in respect of the item sought (if arrest is | ||
+ | necessary - see PACE Code G) and/or a criminal prosecution) can be considered. It is | ||
+ | not uncommon for children under the age of criminal responsibility to be used by older | ||
+ | children and adults to carry stolen property, drugs and weapons and, in some cases, | ||
+ | firearms, for the criminal benefit of others, either: | ||
+ | • in the hope that police may not suspect they are being used for carrying the items; | ||
+ | or | ||
+ | • knowing that if they are suspected of being couriers and are stopped and | ||
+ | searched, they cannot be arrested or prosecuted for any criminal offence. | ||
+ | Stop and search powers therefore allow the police to intervene effectively to break up | ||
+ | criminal gangs and groups that use young children to further their criminal activities. | ||
+ | 1BA Whenever a child under 10 is suspected of carrying unlawful items for someone else, | ||
+ | or is found in circumstances which suggest that their welfare and safety may be at | ||
+ | risk, the facts should be reported and actioned in accordance with established force | ||
+ | safeguarding procedures. This will be in addition to treating them as a potentially | ||
+ | vulnerable or intimidated witness in respect of their status as a witness to the serious | ||
+ | criminal offence(s) committed by those using them as couriers. Safeguarding | ||
+ | considerations will also apply to other persons aged under 18 who are stopped and | ||
+ | searched under any of the powers to which this Code applies. See paragraph 1.1 with | ||
+ | regard to the requirement under the Children Act 2004, section 11, for chief police | ||
+ | officers and other specified persons and bodies, to ensure that in the discharge of | ||
+ | their functions, they have regard to the need to safeguard and promote the welfare of | ||
+ | all persons under the age of 18. | ||
+ | 2 In some circumstances preparatory questioning may be unnecessary, but in general | ||
+ | a brief conversation or exchange will be desirable not only as a means of avoiding | ||
+ | unsuccessful searches, but to explain the grounds for the stop/search, to gain cooperation | ||
+ | and reduce any tension there might be surrounding the stop/search. | ||
+ | 3 Where a person is lawfully detained for the purpose of a search, but no search in the | ||
+ | event takes place, the detention will not thereby have been rendered unlawful. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 20 | ||
+ | A 4 Many people customarily cover their heads or faces for religious reasons - for example, | ||
+ | Muslim women, Sikh men, Sikh or Hindu women, or Rastafarian men or women. A | ||
+ | police officer cannot order the removal of a head or face covering except where there | ||
+ | is reason to believe that the item is being worn by the individual wholly or mainly for the | ||
+ | purpose of disguising identity, not simply because it disguises identity. Where there | ||
+ | may be religious sensitivities about ordering the removal of such an item, the officer | ||
+ | should permit the item to be removed out of public view. Where practicable, the item | ||
+ | should be removed in the presence of an officer of the same sex as the person and out | ||
+ | of sight of anyone of the opposite sex (see Code C Annex L). | ||
+ | 5 A search of a person in public should be completed as soon as possible. | ||
+ | 6 A person may be detained under a stop and search power at a place other than where | ||
+ | the person was first detained, only if that place, be it a police station or elsewhere, is | ||
+ | nearby. Such a place should be located within a reasonable travelling distance using | ||
+ | whatever mode of travel (on foot or by car) is appropriate. This applies to all searches | ||
+ | under stop and search powers, whether or not they involve the removal of clothing or | ||
+ | exposure of intimate parts of the body (see paragraphs 3.6 and 3.7) or take place in | ||
+ | or out of public view. It means, for example, that a search under the stop and search | ||
+ | power in section 23 of the Misuse of Drugs Act 1971 which involves the compulsory | ||
+ | removal of more than a person’s outer coat, jacket or gloves cannot be carried out | ||
+ | unless a place which is both nearby the place they were first detained and out of | ||
+ | public view, is available. If a search involves exposure of intimate parts of the body | ||
+ | and a police station is not nearby, particular care must be taken to ensure that the | ||
+ | location is suitable in that it enables the search to be conducted in accordance with | ||
+ | the requirements of paragraph 11 of Annex A to Code C. | ||
+ | 7 A search in the street itself should be regarded as being in public for the purposes | ||
+ | of paragraphs 3.6 and 3.7 above, even though it may be empty at the time a search | ||
+ | begins. Although there is no power to require a person to do so, there is nothing to | ||
+ | prevent an officer from asking a person voluntarily to remove more than an outer coat, | ||
+ | jacket or gloves in public. | ||
+ | 8 Not used. | ||
+ | 9 Other means of identification might include jewellery, insignias, tattoos or other | ||
+ | features which are known to identify members of the particular gang or group. | ||
+ | 9A A decision to search individuals believed to be members of a particular group or gang | ||
+ | must be judged on a case by case basis according to the circumstances applicable at | ||
+ | the time of the proposed searches and in particular, having regard to: | ||
+ | (a) the number of items suspected of being carried; | ||
+ | (b) the nature of those items and the risk they pose; and | ||
+ | (c) the number of individuals to be searched. | ||
+ | A group search will only be justified if it is a necessary and proportionate approach | ||
+ | based on the facts and having regard to the nature of the suspicion in these cases. The | ||
+ | extent and thoroughness of the searches must not be excessive. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 21 | ||
+ | The size of the group and the number of individuals it is proposed to search will be A | ||
+ | a key factor and steps should be taken to identify those who are to be searched to | ||
+ | avoid unnecessary inconvenience to unconnected members of the public who are | ||
+ | also present. | ||
+ | The onus is on the police to be satisfied and to demonstrate that their approach to | ||
+ | the decision to search is in pursuit of a legitimate aim, necessary and proportionate. | ||
+ | Authorising officers | ||
+ | 10 The powers under section 60 are separate from and additional to the normal stop | ||
+ | and search powers which require reasonable grounds to suspect an individual of | ||
+ | carrying an offensive weapon (or other article). Their overall purpose is to prevent | ||
+ | serious violence and the widespread carrying of weapons which might lead to persons | ||
+ | being seriously injured by disarming potential offenders or finding weapons that have | ||
+ | been used in circumstances where other powers would not be sufficient. They should | ||
+ | not therefore be used to replace or circumvent the normal powers for dealing with | ||
+ | routine crime problems. A particular example might be an authorisation to prevent | ||
+ | serious violence or the carrying of offensive weapons at a sports event by rival team | ||
+ | supporters when the expected general appearance and age range of those likely | ||
+ | to be responsible, alone, would not be sufficiently distinctive to support reasonable | ||
+ | suspicion (see paragraph 2.6). The purpose of the powers under section 60AA is | ||
+ | to prevent those involved in intimidatory or violent protests using face coverings to | ||
+ | disguise identity. | ||
+ | 11 Authorisations under section 60 require a reasonable belief on the part of the | ||
+ | authorising officer. This must have an objective basis, for example: intelligence or | ||
+ | relevant information such as a history of antagonism and violence between particular | ||
+ | groups; previous incidents of violence at, or connected with, particular events or | ||
+ | locations; a significant increase in knife-point robberies in a limited area; reports that | ||
+ | individuals are regularly carrying weapons in a particular locality; information following | ||
+ | an incident in which weapons were used about where the weapons might be found | ||
+ | or in the case of section 60AA previous incidents of crimes being committed while | ||
+ | wearing face coverings to conceal identity. | ||
+ | 12 It is for the authorising officer to determine the period of time during which the powers | ||
+ | mentioned in paragraph 2.1(b) may be exercised. The officer should set the minimum | ||
+ | period he or she considers necessary to deal with the risk of violence, the carrying of | ||
+ | knives or offensive weapons, or to find dangerous instruments or weapons that have | ||
+ | been used. A direction to extend the period authorised under the powers mentioned | ||
+ | in paragraph 2.1(b) may be given only once. Thereafter further use of the powers | ||
+ | requires a new authorisation. | ||
+ | 13 It is for the authorising officer to determine the geographical area in which the use of the | ||
+ | powers is to be authorised. In doing so the officer may wish to take into account factors | ||
+ | such as the nature and venue of the anticipated incident or the incident which has | ||
+ | taken place, the number of people who may be in the immediate area of that incident, | ||
+ | their access to surrounding areas and the anticipated or actual level of violence. The | ||
+ | officer should not set a geographical area which is wider than that he or she believes | ||
+ | necessary for the purpose of preventing anticipated violence, the carrying of knives | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 22 | ||
+ | A or offensive weapons, or for finding a dangerous instrument or weapon that has been | ||
+ | used or, in the case of section 60AA, the prevention of commission of offences. It is | ||
+ | particularly important to ensure that constables exercising such powers are fully aware | ||
+ | of the locality within which they may be used. The officer giving the authorisation | ||
+ | should therefore specify either the streets which form the boundary of the locality or a | ||
+ | divisional boundary if appropriate, within the force area. If the power is to be used in | ||
+ | response to a threat or incident that straddles police force areas, an officer from each | ||
+ | of the forces concerned will need to give an authorisation. | ||
+ | 14 Not used. | ||
+ | Recording | ||
+ | 15 Where a stop and search is conducted by more than one officer the identity of all the | ||
+ | officers engaged in the search must be recorded on the record. Nothing prevents an | ||
+ | officer who is present but not directly involved in searching from completing the record | ||
+ | during the course of the encounter. | ||
+ | 16 When the search results in the person searched or in charge of a vehicle which is | ||
+ | searched being arrested, the requirement to make the record of the search as part of | ||
+ | the person’s custody record does not apply if the person is granted “street bail” after | ||
+ | arrest (see section 30A of PACE) to attend a police station and is not taken in custody | ||
+ | to the police station An arrested person’s entitlement to a copy of the search record | ||
+ | which is made as part of their custody record does not affect their entitlement to a copy | ||
+ | of their custody record or any other provisions of PACE Code C section 2 (Custody | ||
+ | records). | ||
+ | 17 It is important for monitoring purposes to specify when authority is given for exercising | ||
+ | the stop and search power under section 60 of the Criminal Justice and Public Order | ||
+ | Act 1994. | ||
+ | 18 Officers should record the self-defined ethnicity of every person stopped according | ||
+ | to the categories used in the 2001 census question listed in Annex B. The person | ||
+ | should be asked to select one of the five main categories representing broad ethnic | ||
+ | groups and then a more specific cultural background from within this group. The | ||
+ | ethnic classification should be coded for recording purposes using the coding system | ||
+ | in Annex B. An additional “Not stated” box is available but should not be offered to | ||
+ | respondents explicitly. Officers should be aware and explain to members of the public, | ||
+ | especially where concerns are raised, that this information is required to obtain a | ||
+ | true picture of stop and search activity and to help improve ethnic monitoring, tackle | ||
+ | discriminatory practice, and promote effective use of the powers. If the person gives | ||
+ | what appears to the officer to be an “incorrect” answer (e.g. a person who appears to | ||
+ | be white states that they are black), the officer should record the response that has | ||
+ | been given and then record their own perception of the person’s ethnic background by | ||
+ | using the PNC classification system. If the “Not stated” category is used the reason for | ||
+ | this must be recorded on the form. | ||
+ | 19 Arrangements for public scrutiny of records should take account of the right to | ||
+ | confidentiality of those stopped and searched. Anonymised forms and/or statistics | ||
+ | generated from records should be the focus of the examinations by members of the | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 23 | ||
+ | public. The groups that are consulted should always include children and young A | ||
+ | persons. | ||
+ | 20 Not used. | ||
+ | 21 In situations where it is not practicable to provide a written copy of the record or | ||
+ | immediate access to an electronic copy of the record or a receipt of the search at | ||
+ | the time (see paragraph 4.2A above), the officer should consider giving the person | ||
+ | details of the station which they may attend for a copy of the record. A receipt may take | ||
+ | the form of a simple business card which includes sufficient information to locate the | ||
+ | record should the person ask for copy, for example, the date and place of the search, | ||
+ | and a reference number or the name of the officer who carried out the search (unless | ||
+ | paragraph 4.4 applies). | ||
+ | 22 Not used. | ||
+ | 22A Where there are concerns which make it necessary to monitor any local | ||
+ | disproportionality, forces have discretion to direct officers to record the self-defined | ||
+ | ethnicity of persons they request to account for themselves in a public place or who | ||
+ | they detain with a view to searching but do not search. Guidance should be provided | ||
+ | locally and efforts made to minimise the bureaucracy involved. Records should be | ||
+ | closely monitored and supervised in line with paragraphs 5.1 to 5.6, and forces can | ||
+ | suspend or re-instate recording of these encounters as appropriate. | ||
+ | 22B A person who is asked to account for themselves should, if they request, be given | ||
+ | information about how they can report their dissatisfaction about how they have been | ||
+ | treated. | ||
+ | Definition of offensive weapon | ||
+ | 23 ‘Offensive weapon’ is defined as “any article made or adapted for use for causing | ||
+ | injury to the person, or intended by the person having it with him for such use by him | ||
+ | or by someone else”. There are three categories of offensive weapons: those made for | ||
+ | causing injury to the person; those adapted for such a purpose; and those not so made | ||
+ | or adapted, but carried with the intention of causing injury to the person. A firearm, | ||
+ | as defined by section 57 of the Firearms Act 1968, would fall within the definition of | ||
+ | offensive weapon if any of the criteria above apply. | ||
+ | 24 Not used. | ||
+ | 25 Not used. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 24 | ||
+ | A ANNEX A SUMMARY OF MAIN STOP AND SEARCH POWERS TO WHICH CODE A | ||
+ | APPLIES | ||
+ | THIS TABLE RELATES TO STOP AND SEARCH POWERS ONLY. INDIVIDUAL | ||
+ | STATUTES BELOW MAY CONTAIN OTHER POLICE POWERS OF ENTRY, SEARCH | ||
+ | AND SEIZURE | ||
+ | POWER OBJECT OF | ||
+ | SEARCH | ||
+ | EXTENT OF | ||
+ | SEARCH | ||
+ | WHERE | ||
+ | EXERCISABLE | ||
+ | Unlawful articles general | ||
+ | 1. Public Stores Act | ||
+ | 1875, s6. | ||
+ | HM Stores stolen or | ||
+ | unlawfully obtained. | ||
+ | Persons, vehicles and | ||
+ | vessels. | ||
+ | Anywhere where the | ||
+ | constabulary powers | ||
+ | are exercisable. | ||
+ | 2. Firearms Act 1968, | ||
+ | s47 | ||
+ | Firearms Persons and vehicles A public place, or | ||
+ | anywhere in the | ||
+ | case of reasonable | ||
+ | suspicion of offences | ||
+ | of carrying firearms | ||
+ | with criminal intent | ||
+ | or trespassing with | ||
+ | firearms. | ||
+ | 3. Misuse of Drugs | ||
+ | Act 1971, s23 | ||
+ | Controlled drugs Persons and vehicles. Anywhere. | ||
+ | 4. Customs and | ||
+ | Excise Management | ||
+ | Act 1979, s163 | ||
+ | Goods: | ||
+ | (a) on which duty has | ||
+ | not been paid; | ||
+ | (b) being unlawfully | ||
+ | removed, imported | ||
+ | or exported; | ||
+ | (c) otherwise liable | ||
+ | to forfeiture to | ||
+ | HM Revenue and | ||
+ | Customs. | ||
+ | Vehicles and vessels | ||
+ | only. | ||
+ | Anywhere. | ||
+ | 5. Aviation Security | ||
+ | Act 1982, s24B. | ||
+ | Note: This power | ||
+ | applies throughout the | ||
+ | UK but the provisions | ||
+ | of this Code will apply | ||
+ | only when the power | ||
+ | is exercised at an | ||
+ | aerodrome situated in | ||
+ | England and Wales. | ||
+ | Stolen articles | ||
+ | or articles made, | ||
+ | adapted or intended | ||
+ | for use in the course | ||
+ | of/in connection | ||
+ | with conduct which | ||
+ | constitutes an offence | ||
+ | in the part of the UK | ||
+ | where the aerodrome | ||
+ | is situated or would so | ||
+ | do, if it occurred there. | ||
+ | Persons, vehicles, | ||
+ | aircraft. | ||
+ | Anything in or on a | ||
+ | vehicle or aircraft. | ||
+ | Any part of an | ||
+ | aerodrome. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 25 | ||
+ | POWER OBJECT OF | ||
+ | A | ||
+ | SEARCH | ||
+ | EXTENT OF | ||
+ | SEARCH | ||
+ | WHERE | ||
+ | EXERCISABLE | ||
+ | 6. Police and Criminal | ||
+ | Evidence Act 1984, s1. | ||
+ | Stolen goods; | ||
+ | Articles made, adapted | ||
+ | or intended for use | ||
+ | in the course of or | ||
+ | in connection with, | ||
+ | certain offences under | ||
+ | the Theft Act 1968, | ||
+ | Fraud Act and Criminal | ||
+ | Damage Act 1971; | ||
+ | Offensive weapons, | ||
+ | Bladed or sharplypointed | ||
+ | articles (except | ||
+ | folding pocket knives | ||
+ | with a blade cutting | ||
+ | edge not exceeding | ||
+ | 3 inches); | ||
+ | Fireworks: Category 4 | ||
+ | (display grade) | ||
+ | fireworks if possession | ||
+ | prohibited, Adult | ||
+ | fireworks in possession | ||
+ | of a person under 18 in | ||
+ | a public place. | ||
+ | Persons and vehicles. | ||
+ | Persons and vehicles. | ||
+ | Persons and vehicles. | ||
+ | Persons and vehicles. | ||
+ | Where there is public | ||
+ | access. | ||
+ | Where there is public | ||
+ | access. | ||
+ | Where there is public | ||
+ | access. | ||
+ | Where there is public | ||
+ | access. | ||
+ | 7. Sporting events | ||
+ | (Control of Alcohol etc.) | ||
+ | Act 1985, s7. | ||
+ | Intoxicating liquor. Persons, coaches and | ||
+ | trains. | ||
+ | Designated sports | ||
+ | grounds or coaches | ||
+ | and trains travelling to | ||
+ | or from a designated | ||
+ | sporting event. | ||
+ | 8. Crossbows Act | ||
+ | 1987, s4. | ||
+ | Crossbows or parts | ||
+ | of crossbows (except | ||
+ | crossbows with a draw | ||
+ | weight of less than 1.4 | ||
+ | kilograms). | ||
+ | Persons and vehicles. Anywhere except | ||
+ | dwellings. | ||
+ | 9. Criminal Justice Act | ||
+ | 1988 s139B. | ||
+ | Offensive weapons, | ||
+ | bladed or sharply | ||
+ | pointed article. | ||
+ | Persons. School premises. | ||
+ | Evidence of game and wildlife offences | ||
+ | 10. Poaching | ||
+ | Prevention Act 1862, | ||
+ | s2. | ||
+ | Game or poaching | ||
+ | equipment. | ||
+ | Persons and vehicles. A public place. | ||
+ | 11. Deer Act 1991, s12. Evidence of offences | ||
+ | under the Act. | ||
+ | Persons and vehicles. Anywhere except | ||
+ | dwellings. | ||
+ | 12. Conservation of | ||
+ | Seals Act 1970, s4. | ||
+ | Seals or hunting | ||
+ | equipment | ||
+ | Vehicles only Anywhere. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 26 | ||
+ | A | ||
+ | POWER OBJECT OF | ||
+ | SEARCH | ||
+ | EXTENT OF | ||
+ | SEARCH | ||
+ | WHERE | ||
+ | EXERCISABLE | ||
+ | 13. Protection of | ||
+ | Badgers Act 1992, s11. | ||
+ | Evidence of offences | ||
+ | under the Act. | ||
+ | Persons and vehicles. Anywhere. | ||
+ | 14. Wildlife and | ||
+ | Countryside Act 1981, | ||
+ | s19. | ||
+ | Evidence of wildlife | ||
+ | offences. | ||
+ | Persons and vehicles. Anywhere except | ||
+ | dwellings. | ||
+ | Other | ||
+ | 15. Paragraphs 6 & 8 | ||
+ | of Schedule 5 to the | ||
+ | Terrorism Prevention | ||
+ | and Investigation | ||
+ | Measures Act 2011. | ||
+ | Anything that | ||
+ | contravenes measures | ||
+ | specified in a TPIM | ||
+ | notice. | ||
+ | Persons in respect of | ||
+ | whom a TPIM notice | ||
+ | is being served or is in | ||
+ | force. | ||
+ | Anywhere. | ||
+ | 16. Paragraph 10 | ||
+ | of Schedule 5 to the | ||
+ | Terrorism Prevention | ||
+ | and Investigation | ||
+ | Measures Act 2011. | ||
+ | Anything that could | ||
+ | be used to threaten or | ||
+ | harm any person. | ||
+ | Persons in respect of | ||
+ | whom a TPIM notice is | ||
+ | in force. | ||
+ | Anywhere. | ||
+ | 17. Not used | ||
+ | 18. Not used | ||
+ | 19. Section 60 | ||
+ | Criminal Justice and | ||
+ | Public Order Act 1994. | ||
+ | Offensive weapons or | ||
+ | dangerous instruments | ||
+ | to prevent incidents of | ||
+ | serious violence or to | ||
+ | deal with the carrying | ||
+ | of such items or find | ||
+ | such items which have | ||
+ | been used in incidents | ||
+ | of serious violence. | ||
+ | Persons and vehicles. Anywhere within a | ||
+ | locality authorised | ||
+ | under subsection (1). | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 27 | ||
+ | ANNEX B SELF-DEFINED ETHNIC CLASSIFICATION CATEGORIES A | ||
+ | White W | ||
+ | A. White – British W1 | ||
+ | B. White – Irish W2 | ||
+ | C. Any other White background W9 | ||
+ | Mixed M | ||
+ | D. White and Black Caribbean M1 | ||
+ | E. White and Black African M2 | ||
+ | F. White and Asian M3 | ||
+ | G. Any other Mixed Background M9 | ||
+ | Asian/Asian – British A | ||
+ | H. Asian – Indian A1 | ||
+ | I. Asian – Pakistani A2 | ||
+ | J. Asian – Bangladeshi A3 | ||
+ | K. Any other Asian background A9 | ||
+ | Black/Black – British B | ||
+ | L. Black – Caribbean B1 | ||
+ | M. Black African B2 | ||
+ | N. Any other Black background B9 | ||
+ | Other O | ||
+ | O. Chinese 01 | ||
+ | P. Any other 09 | ||
+ | Not Stated NS | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 28 | ||
+ | A ANNEX C SUMMARY OF POWERS OF COMMUNITY SUPPORT OFFICERS TO SEARCH | ||
+ | AND SEIZE | ||
+ | The following is a summary of the search and seizure powers that may be exercised by | ||
+ | a community support officer (CSO) who has been designated with the relevant powers in | ||
+ | accordance with Part 4 of the Police Reform Act 2002. | ||
+ | When exercising any of these powers, a CSO must have regard to any relevant provisions of | ||
+ | this Code, including section 3 governing the conduct of searches and the steps to be taken | ||
+ | prior to a search. | ||
+ | 1. Not used | ||
+ | 2. Powers to search requiring the consent of the person and seizure | ||
+ | A CSO may detain a person using reasonable force where necessary as set out in Part 1 of | ||
+ | Schedule 4 to the Police Reform Act 2002. If the person has been lawfully detained, the CSO | ||
+ | may search the person provided that person gives consent to such a search in relation to the | ||
+ | following: | ||
+ | Designation Powers | ||
+ | conferred | ||
+ | Object of Search Extent of Search Where | ||
+ | Exercisable | ||
+ | 1. Police Reform | ||
+ | Act 2002, | ||
+ | Schedule 4, | ||
+ | paragraphs 7 and | ||
+ | 7A. | ||
+ | (a) Criminal | ||
+ | Justice and | ||
+ | Police Act | ||
+ | 2001, s12(2). | ||
+ | (b) Confiscation | ||
+ | of Alcohol | ||
+ | (Young | ||
+ | Persons) Act | ||
+ | 1997, s1 | ||
+ | (c) Children | ||
+ | and Young | ||
+ | Persons Act | ||
+ | 1933, s7(3). | ||
+ | (a) Alcohol or a | ||
+ | container for | ||
+ | alcohol. | ||
+ | (b) Alcohol. | ||
+ | (c) Tobacco or | ||
+ | cigarette | ||
+ | papers. | ||
+ | (a) Persons. | ||
+ | (b) Persons under | ||
+ | 18 years old. | ||
+ | (c) Persons under | ||
+ | 16 years | ||
+ | old found | ||
+ | smoking. | ||
+ | (a) Designated | ||
+ | public place. | ||
+ | (b) Public place. | ||
+ | (c) Public place. | ||
+ | Codes of practice – Code A Exercise by police of officers statutory powers of stop and search | ||
+ | 29 | ||
+ | 3. Powers to search not requiring the consent of the person and seizure A | ||
+ | A CSO may detain a person using reasonable force where necessary as set out in Part 1 of | ||
+ | Schedule 4 to the Police Reform Act 2002. If the person has been lawfully detained, the CSO | ||
+ | may search the person without the need for that person’s consent in relation to the following: | ||
+ | Designation Power conferred Object of Search Extent of Search Where | ||
+ | Exercisable | ||
+ | Police Reform Act | ||
+ | 2002, Schedule 4 | ||
+ | paragraph 2A., | ||
+ | Police and | ||
+ | Criminal Evidence | ||
+ | Act 1984, s.32. | ||
+ | (a) Objects that | ||
+ | might be | ||
+ | used to cause | ||
+ | physical injury | ||
+ | to the person | ||
+ | or the CSO. | ||
+ | (b) Items that | ||
+ | might be | ||
+ | used to assist | ||
+ | escape. | ||
+ | Persons made | ||
+ | subject to a | ||
+ | requirement to | ||
+ | wait. | ||
+ | Any place where | ||
+ | the requirement | ||
+ | to wait has been | ||
+ | made. | ||
+ | 4. Powers to seize without consent | ||
+ | This power applies when drugs are found in the course of any search mentioned above. | ||
+ | Designation Power conferred Object of Seizure Where Exercisable | ||
+ | Police Reform Act | ||
+ | 2002, Schedule 4, | ||
+ | paragraph 7B. | ||
+ | Police Reform Act | ||
+ | 2002, Schedule 4, | ||
+ | paragraph 7B. | ||
+ | Controlled drugs in a | ||
+ | person’s possession. | ||
+ | Any place where the | ||
+ | person is in possession | ||
+ | of the drug. | ||
+ | ANNEX D – Deleted. | ||
+ | ANNEX E – Deleted. | ||
+ | ANNEX F ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING | ||
+ | See Code C Annex L | ||
+ | www.tso.co.uk | ||
+ | The Code contained in this booklet has been issued by the Home Secretary under the | ||
+ | Police and Criminal Evidence Act 1984 and has been approved by Parliament. | ||
+ | Copies of the Codes issued under the Police and Criminal Evidence Act 1984 must | ||
+ | be readily available in all police stations for consultation by police officers, detained | ||
+ | people and members of the public. | ||
+ | CODE A | ||
+ | Revised | ||
+ | Code of Practice for the | ||
+ | exercise by: | ||
+ | Police Officers of Statutory | ||
+ | Powers of stop and search | ||
+ | Police Officers and Police | ||
+ | Staff of requirements to | ||
+ | record public encounters | ||
+ | ACODE A | ||
+ | Code | ||
+ | A |