Education and Child Matters

I AM L.I.P

I am a Litigant In Person

Stop And Search

 

WHAT IS STOP AND SEARCH?

Stop and search is the legal power given to the police, as the name suggests, to stop and search an individual and their possessions as long as they have reasonable grounds to do so.

The police can stop and search a child under 18 years of age.

WHAT ARE REASONABLE GROUNDS?

Reasonable grounds are things such as:

  1. The police suspect suspicious behaviour
  2. The police have a search warrant
  3. You and/or someone else is in danger 
  4. You are a danger to yourself or someone else.
  5. The police suspect you are about to commit a crime.
  6. The police suspect terrorist activity
  7. The police suspect you have a weapon
  8. The police suspect criminal activity.
  9. The police suspect you are in possession, selling or distributing controlled substances.

Reasonable grounds cannot be based on a hunch or instinct 

WHERE IS STOP AND SEARCH PERMITTED WITHOUT REASONABLE GROUNDS?

There are areas in the United Kingdom called ‘designated areas’ where police can stop and search individuals without reasonable grounds.

These areas are chosen by a chief constable. The chief constable is given the power to do this under section 44 of the terrorism act 2000.

LINK TO GOVERNMENT WEBSITE FOR SECTION 44 OF THE TERRORISM ACT 2000.

London is a designated area.

WHAT HAPPENS DURING A POLICE STOP AND SEARCH?

  1. If the police officers are not in uniform they must show a warrant card identifying them.
  2. They must give their name and which police station they are from.
  3. They must explain the reason why they are stopping and searching your child 
  4. They must explain the power they have to stop and search your child.
  5. They can search your child’s pockets, bags, car, car boot, and the lining of their clothes in public.
  6. If the search involves removal of clothing over undergarments or the search of intimate areas this can only be done by a police officer of the same gender and in private.

WHERE CAN A STOP AND SEARCH OCCUR?

A stop and search can take place in any public place or place where the public have access to.

WHAT CANNOT THE POLICE SEARCH WITHOUT A WARRANT?

The police cannot search an individual’s home or car if they are on land that is part of the individual’s home.