Police Powers: Stop and Search Powers
The General Power to Stop and Search:
Section 1, Police and Criminal Evidence Act 1984 provides the general power for stop and search for
the police. Subject to statutory codes, if broken could see disciplinary complaints. Section 1 creates a
power for a constable in certain public spaces to detain and search a person or vehicle for stolen
articles, offensive weapons, articles made or adapted for certain property crimes, bladed articles, and
prohibited fireworks.
Are we dealing with a duty or a discretion?
PACE 1984, section 1(1): “may exercise any power conferred by this section…”
A discretion (may) not a duty (must). Recall that, in general, a constable cannot be required by law to
exercise their powers, it is a discretionary power the police may choose to exercise. Personal
discretion to the officer. E.g., officer searches one individual within a group, and no one else, is
lawful due to rational decision-making.
Who can exercise the powers?
PACE 1984, section 1(1): “A constable…”. Only a constable has this power. Community Support
Officers do not have powers under section 1(1), but they do have powers under some other pieces
of legislation. E.g. PACE 1984, section 32 (search for objects that might be used to cause injury or
escape) and the Police Reform Act 2002, Schedule 4, paragraph 2A (search of a detained person).
Decision-making over allocation of resources is dependent on various socio-economic factors,
meaning the courts are unlikely to challenge this allocation through judicial review. Feedback loops
can occur in different neighbourhoods.
Where can the power be exercised?
PACE 1984, section 1(1)(a): “in any place to which at the time when he proposes to exercise the
power the public or any section of the public has access, on payment or otherwise, as of right or by
virtue of express or implied permission”.
OR
PACE 1984, section 1(1)(b): “in any other place to which people have ready access at the time when
he proposes to exercise the power, but which is not a dwelling.” Doesn’t require anyone to have an
implied or express permission to be at a place (structural impact on who gets searched, public park
versus dwelling).
Special rules for dwelling gardens or yards
PACE 1984, section 1(4): “If a person is in a garden or yard occupied with and used for the purposes
of a dwelling or on other land so occupied and used, a constable may not search him in the exercise
of the power conferred by this section unless the constable has reasonable grounds for believing –
, (a) that he does not reside in the dwelling; and (b) that he is not in the place in question with the
express or implied permissible of a person who resides in the dwelling.”
PACE 1984, section 1(5): “If a vehicle is in a garden or yard occupied with and used for the purposes
of a dwelling or on other land so occupied and used, a constable may not search the vehicle or
anything in or on it in the exercise of the power conferred by this section unless the constable has
reasonable grounds for believing – (a) that the person in charge of the vehicle does not reside in the
dwelling; and (b) that the vehicle is not in the place in question with the express or implied
permissible of a person who resides in the dwelling.”
What is section 1(1) a power to do?
PACE 1984, section 1(2)(a): “may search (i) any person or vehicle; (ii) anything which is in or on a
vehicle, for stolen or prohibited articles, any article to which subsection (8A) below applies or any
firework to which subsection (8B) below applies.”
PACE 1984, section 1(2)(b): “may detain a person or vehicle for the purpose of such a search.”
What is a prohibited article?
PACE 1984, section 1(7): “An article is prohibited for the purposes of this Part of this Act if it is – (a)
an offensive weapon; or (b) an article- (i) made or adapted for use in the course of or in connection
with an offence to which this sub-paragraph applies; or (ii) intended by the person having it with him
for such use by him or by some other person.
What is an offensive weapon?
PACE 1984, section 1(9): “In this Part of this Act ‘offensive weapon’ means any article- (a) made or
adapted for use for causing injury to persons; or (b) intended by the person having it with him for
such use by him or by some other person.”
Can be factual disagreements over what is being carried (such as a cricket bat). Reasonable suspicion
is the trigger threshold.
To which offences does section 1(7)(b)(i) apply?
PACE 1984, section 1(8): “The offences to which subsection (7)(b)(i) above applies are- (a) burglary;
(b) theft; (c) offences under section 12 of the Theft Act 1968 (taking a motor vehicle or other
conveyance without authority); fraud (contrary to section 1 of the Fraud Act 2006); and (e) offences
under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).”
What is an article to which subsection (8A) applies?
PACE 1984, section 1(8A): “This subsection applies to any article in relation to which a person has
committed, or is committing or is going to commit an offence under section 139 or 139AA of the
Criminal Justice Act 1988.”
