A ‘stop and search’ is when a police officer physically searches a person, their clothes and anything they are carrying.
Searches are carried out in accordance with legal powers.
A record of any stop or stop search must be made. The record must include:
- The date, time and place of the encounter.
- If the person is in a vehicle, the vehicle registration number.
- The reason for the stop.
- The self-defined ethnicity of the person stopped.
- The outcome of the encounter.
There is no power to require an individual to give personal details.
For those stops that are recorded as a stop and encounter/account only the officers will use their Airwaves radio set to record the details and hand the person stopped a receipt card with the officer’s name, rank and number.
For searches the police officer should make a record at the time and give it to the person straightaway, unless there are exceptional circumstances, which make this wholly impractical.
The law also makes provision to allow searches for the following specific reasons:
- To search for articles which could be used for a purpose connected with the commission, preparation or instigation of acts of terrorism, under Section 44 of the Terrorism Act 2000.
- To search for offensive weapons or dangerous instruments in order to prevent incidents of serious violence or to deal with the carrying of such items, under Section 60 of the Criminal Justice and Public Order Act 1994.
Why are stop searches recorded?
If used properly stops and stop and search are valuable tools which can help prevent and detect crime and make communities safer.
The records will be used to monitor police use of stop and stop and search and this information will be shared with local people.
A stop and search will occur in a public place; or anywhere if the police believe you have committed a crime.
What happens if I am stopped and searched?
If you are stopped you will first be asked where you are going and what you have been doing. The police may then decide to search you but only if they have a good reason. For example, that you fit the profile of a criminal seen in the area, or they think you are acting suspiciously. The search will take place near to where you have been stopped.
If the officer asks you to remove more than your coat and gloves, or anything you wear for religious reasons, they must take you somewhere out of public view.
You will be asked to turn out your pockets and show the officers the contents of any bags you may be carrying.
Can I complain about being stop and searched?
You should not be stopped or searched just because of your age, ethnicity, nationality, gender, sexual orientation, disability, religion, the way you dress or because you’ve committed a crime in the past. If you believe you were stopped and searched unreasonably, or you weren’t treated fairly or with respect, you can complain to:
- Your local police station
- South Wales Police Authority
- A Citizen’s Advice Bureau
- Your local Race Equality Council
- The Independent Police Complaints Commission
- The Equality and Human Rights Commission
- A solicitor