Stop and Search
The police can stop and search people to detect certain types of crime. This can help the police to catch criminals and make our communities safer.
The information below provides more details about Stop and Search. Police officers can stop and speak to you at any time. But they should only stop you to search you if they have good reason.
Due to recent changes to Stop and Search legislation, and impending further changes to Police and Criminal Evidence Act (PACE) codes, expected as a result of the Crime and Security Act 2010 which will be enacted in early 2011, the Association of Police Authorities (APA) has updated the 'Police Stops Know Your Rights' leaflets.
This version has been updated to reflect recent changes to the application of Section 44 of the Terrorism Act (2000). An officer stopping you under this Act is now required to have reasonable suspicion you are carrying items related to terrorism. You can download a copy of the latest leaflet at the bottom of this page.
Monitoring Stop and Search
Lincolnshire Police Authority is committed to monitoring and scrutinising the Force’s use of stop search powers and to raise the awareness of an individual’s rights if they are stopped and searched. We do this 4 times a year through the Community and Partnership Committee. We have nominated a Police Authority Member to ‘champion’ this area of work and to provide additional assurances to the Committee.
Latest Stop and Search Records
The Force publishes the latest Stop and Search/Stop and Account records each year. You can access these figures through the Force website.
Stop and Search - Authority and Force Joint Statement
Lincolnshire Police Authority and Lincolnshire Police are committed to the effective implementation of stop and search powers in the pursuit of community safety, crime prevention and investigation. We will ensure that these powers are exercised fairly, impartially and respectfully and only on occasions which are both reasonable and proportionate to the prevailing circumstances. The Authority will continue to monitor the Force's use of these powers in order to assist the Force in achieving our joint aims.
Stop and Search - Your Rights
Who can carry out a 'stop and account'?
- A police officer or a
- Police Community Support Officer (PCSO)
A PCSO must be in a uniform. A police officer does not have to be in a uniform but they must show you their identity card.
What is a ‘Stop and Account’?
A ‘stop and account’ is when a Police officer stops you and asks you:
- what you are doing,
- why you’re in a certain area or
- where you are going or
- what you are carrying.
A police officer or PCSO does not have the power to force you to stay with them if you are stopped and asked for your actions.
What is a 'Stop and Search'
Police officers can stop and searched when there are reasonable grounds to suspect that you are carrying:
- Drugs, Weapons or Stolen Property
- items which could be used to commit a crime
Sometimes an officer can stop and search you within a specific area without any reasonable grounds if it is believed that:
- serious violence could take place or
- offensive weapons are being carried or have been used.
The officer must explain this to you and must be searching for weapons or items which could be used in connextion with violence.
A screening (knife) arch is not a stop and search. You can't be forced to go through, but refusal may result in further officer action or even a full search.
An officer can confiscate alcohol or cigarettes in view (even if it is in a container) if you are underage. This is not a stop and search.
Who can 'stop and search' you?
A police officer, who must be in uniform if the search is related to terrorism or serious violent crime - if they are not in uniform, they must show you their identity card.
A PCSO can search you in certain situations, but they must be in uniform. If the search is related to terrorism, they must be accompanied and supervised by a police officer, and can only search something that you are carrying.
What if I’m in a vehicle?
- Your vehicle can be stopped at any time.
- You may be asked to show your driving documents.
- You should be given a written record.
How should a stop and search be carried out?
Before you are searched, the police officer must tell you and make sure that you understand:
- that you must wait to be searched
- what law they are using and your rights
- their name and ID number
- the station that they work at
- why they stopped you
- what they are looking for and
- your right to a receipt.
The officer can ask you to take off more than an outer coat, jacket or gloves, and anything you wear for religious reasons, such as a face scarf, veil or turban, but only if they take you somewhere out of pubilc view. You can ask that the officer who searches you is the same sex as you. It does not mean that you are being arrested.
Why Me?
If you are stopped and / or searched it doesn't mean you have done something wrong. But a police officer must have a good reason for stopping you and should tell you what this is. You should not be stopped and / or searched just because of your age, race, colour, or the way you dress.
What is recorded and your right to a receipt
If you are searched, you have the right to a receipt and the officer must record the following details:
- your name and a description of you (only if you are searched)
- how you describe your ethnic origin
- when and where you were stopped and searched
- why you were stopped and searched
- if they are taking any action against you
- the names and/or numbers of the officers
- if you were searched, what they were looking for and anything they found.
The officer will ask you for your name, address and date of birth. You do not have to give these unless you are being arrested or being reported for an offence.
You will be given a receipt and it is important to keep this as you will need it if you wish to make a complaint or see the full record of the stop and search at a later date.
What can I do if I am unhappy about how I was treated?
The officer should treat you fairly and with respect. If you are unhappy about how you were treated you can complain.
If you feel that you were treated differently because of your race, age, sexual orientation, gender, disability, religion or faith, you can complain.
You can get advice, or in the case of a complaint, be given information on how to proceed from:
- A local police station.
- Your local police authority.
- A Citizen's Advice Bureau.
- The Commission for Equality and Human Rights.
- A solicitor.
- The Independent Police Complaints Commission (IPCC).
Further Information
We know the use of stop and search can be controversial, however Lincolnshire Police and Police Authority believe that the power is essential to deter and detect crime.
The following video was commissioned by the Metropolitan Police Authority and a partnership of groups including community and charity organisations, and is designed to examine the issues, and inform everyone of their rights during a Stop and Search encounter.
Metropolitan Police Stop and Search Video (External website)