Stop and search

What is Stop and Search?

The power to stop and search is a valuable policing tool in the fight against crime. It’s equally important that communities are reassured that we use stop and search appropriately, honestly, openly and in a transparent manner.

Used correctly it prevents, detects, and deters criminals whilst re-assuring the communities of Suffolk that they have an effective Police Service that they can rely on to protect them from harm.

Please note: Only a police officer can search you. (A PCSO cannot search you unless in very specific circumstances around alcohol and tobacco confiscation.)

You can only be stopped and searched if a police officer has good reason to suspect you are carrying:

drugs, weapons or stolen property
items which could be used:
- to commit a crime
- to commit an act of terrorism
- to cause criminal damage.

This good reason should be based on facts, information or intelligence or could be because of the way you are behaving.

Please note: There are times when police officers can search anyone within a certain area, for example:

when there is evidence that serious violence could take place there
where a terrorist threat has been identified.

But the officer should explain this to you and must be searching for items which could be used in connection with violence or terrorism.

College of Policing definition of a fair and effective stop and search encounter:

A stop and search is most likely to be fair and effective when:

the search is justified, lawful and stands up to public scrutiny;
the officer has genuine and objectively reasonable suspicion they will find a prohibited article or item for use in crime;
the person understands why they have been searched and feels that they have been treated with respect;
the search was necessary and was the most proportionate method the police officer could use to establish whether the person has such an item.

Where can I be stopped and searched?

in a public place.
anywhere, if the police believe you have committed a crime where the public have access. For more information visit Code A of Police and Criminal Evidence Act (page 25).

If you are in a public place, you only have to take off your coat or jacket and your gloves, unless you have been stopped in relation to terrorism or where the officer believes you are using clothes to hide your identity.

If the police officer asks you to take off more than this or anything you wear for religious reasons, such as a face scarf, veil or turban, they must take you somewhere out of public view. This does not mean you are being arrested. In this case, the police officer who searches you must be the same sex as you.

In situations where it is justified to search a person more thoroughly, and involve the exposure of intimate parts (often referred to as strip searches), there must be two officers of the same sex and they cannot search you in a police vehicle or public place.

Usually this means taking you to a police station however our codes of practice state that the search should take place at or near the place you were detained, and should take only a reasonable amount of time. Again, you are not under arrest, but you are detained for the purpose of that search so should comply with directions given.

For juveniles, police officers cannot commence a strip search without the presence of an adult with care or responsibility for that person (an ‘appropriate adult’), and will usually wait with the juvenile under constant supervision and care until the adult is available.

What if I am in a vehicle?

Your vehicle can be stopped at any time and you may be asked to show your driving documents, such as your licence.

The police can search your vehicle if they have good reason to think it contains:

stolen goods
drugs
weapons

They can search your vehicle at any time as long as they have reasonable ground, even if you are not there but must leave a notice saying what they have done. See Code A of PACE (Page 6).

If the search causes damage to your car, you can ask for compensation but only if the police didn't find anything to connect you to a crime.

What happens if I am stopped and searched?

Before you are searched, the police officer should tell you:

that you must wait to be searched “you are detained for the purpose of a search”
what law they are using to search you
their name and station they work at
the ‘grounds’ for the search - i.e. why they are searching you in particular
what they are looking for
that you have a right to be given a form straight away showing details of the stop and search and an entitlement to collect it from a police station within 3 months if you don’t take it at the time.

Officers can use reasonable force to search people who are not compliant, however every effort must be made to try and explain the reasons for searching you in the first instance.

Your right to a receipt

The Police and Criminal Evidence Act (PACE) requires police officers to make a record of every search they conduct at the time and to give the person who was searched a copy of the record. The record may be created on paper or electronically.

You will be asked if you want to obtain a copy and, if you do, you will be provided with one or given a receipt and details of how you can obtain one. You will be able to use the receipt to request a full paper copy from your local police enquiry office within three months of the stop.

If you are arrested and taken to a police station, the details of the search will be recorded as part of your custody record. You still have the right to a copy of a search record.

The record must be created at the time of the stop and search, however if there are exceptional circumstances the officer does not need to do this. This will include situations where the officer’s presence is urgently required elsewhere. If these circumstances arise, the officer should record the details of the stop and search as soon as practicable.

The officer must write down:

your name or a description of you (only if you are searched)
your self-defined ethnic background
when and where you were stopped or searched
why you were stopped or searched
if they are taking any action
the names and/or numbers of the officers
if you were searched, what they were looking for and anything they found.

It is important to know that there are no targets for Stop Searches.

The ‘Best Use of Stop and Search Scheme’ was introduced on April 30^th 2014. The principal aims of the scheme are to achieve greater transparency, community involvement in the use of stop and search powers, and to support a more intelligence-led approach. This should lead to better outcomes, for example, an increase in the stop and search to positive outcome ratio. The scheme was amended on 11 August 2019 by the Home Secretary to exclude the original Section 60 provisions.

The features of the scheme are:

Data recording – forces will record the broader range of stop and search outcomes e.g. arrests, cautions, penalty notices for disorder and all other disposal types. Forces will also show the link, or lack of one, between the object of the search and its outcome.
Lay observation policies – providing the opportunity for members of the local community to accompany police officers on patrol using stop and search.
Stop and search complaints ‘community trigger’ – a local complaint policy requiring the police to explain to local community scrutiny groups how the powers are being used where there is a large volume of complaints.

By adopting the scheme, forces will use stop and search strategically, which we hope will improve public confidence and trust.

On average we receive seven complaints per year relating to stop and search, each complaint will now be referred to the established Independent Stop Search Scrutiny Panel. The panel is made up of lay members of the community providing oversight of our stop search practices on behalf of the public, and being a ‘critical friend’ to help us improve our service.

If you feel that you have been treated unfairly then you have the right to complain.

If you with to report your complaint through a third party you can do this via the Stop and Search scrutiny group. The details are:

Tel:       01473 408111
Fax:      08719 004218
Email:   [email protected]

Address:
46A St. Matthew’s Street,
Ipswich, Suffolk IP1 3EP.

Opening Hours:
Monday – Thursday 10am – 4pm

Scrutiny of Stop and Search

Use of Stop Search in Suffolk is scrutinised in a number of ways;

•   Independent external scrutiny through the Stop Search Reference Group
•   Internal scrutiny through the Stop Search Scrutiny Panel & Coercive Powers Board
•   Reporting to the Police and Crime Commissioner, through the Accountability and Performance Panel
•   Supervisory review of forms

The force works with the ‘Ipswich and Suffolk Council Racial Equality’ to coordinate public scrutiny of our stop search practices, under the Stop Search Reference Group. All our stop search records are redacted and provided as for dip sampling, six times a year. Feedback is provided to the force as part of the process and a number are selected by the group for public scrutiny. This helps the constabulary improve the manner in which the power is used and understand its impact on the community. As a result of this process, the standard of recording and interactions has seen improvement.

The internal Stop Search Scrutiny Panel - with contribution from officers, analysts, complaints and training departments – undertakes further scrutiny of its use, identifying relevant actions as part of continuous improvement. This also looks at opportunities to improve our engagement with diverse communities and young people in particular.

All our scrutiny processes now include the review of Body Worn Footage.

The Police and Crime Commissioner (PCC) monitors the Constabulary’s use of Stop and Search, through the Accountability and Performance Panel. This report provides data on the use of stop and search across Suffolk, and the outcomes of those searches, as well as providing an update from the Stop Search Reference Group (SSRG) on the work it does to scrutinise use of the power.

Regular analysis of stop and search use, including disproportionality, is undertaken as part of our scrutiny. Details of which are published on this page. This analysis helps the force and area commanders identify concerns regarding disproportionality and take action accordingly. Historically, this has seen additional training, communications and consultation with partners to improve awareness and outcomes.

Learning through these processes are implemented through continuous review of initial and ongoing training.

You can find out more about scrutiny of stop search in Suffolk, from the links on this page.

Stop and search

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