Stop and search powers in England and Wales should be used fairly and responsibly, with respect for people being searched and without unlawful discrimination.

The purpose of a stop and search in England and Wales is to enable officers to allay or confirm suspicions about individuals without exercising the power of arrest. This allows police officers to search a person, vehicle or belongings when they have a lawful power to do so, they generally look for items such as:

• Stolen property

• Weapons

• Illegal drugs

• Items connected with terrorism

Stop and Search powers are not supposed to be used simply because an officer has a hunch or because of someone's protected characteristic, such as race or appearance.

It should be used correctly to maintain public confidence. All Stop and Searches must be carried out with courtesy, consideration and respect for the person concerned. This has a significant impact on public confidence in the police. Every reasonable effort must be made to minimise the embarrassment that a person being searched may experience.

When can I be Stop and Searched?

Police officers have various powers to stop and search a member of the public. In this article we will focus on the power found under section 1 of the Police and Criminal Evidence Act ("PACE").

Under s.1 of PACE, the Police officer must have:

• Formed a genuine suspicion in their own mind that they will find stolen or prohibited articles.

• Reasonable grounds for the suspicion. This means that there must be an objective basis for that suspicion based on facts, information and/or intelligence which are relevant to the likelihood that the object in question will be found, so that a reasonable person would be entitled to reach the same conclusion based on the same facts and information and/or intelligence.

The searching officer must be able to justify why they have suspicion to suspect you are in possession of stolen goods and prohibited articles. The searching officer cannot be simply directed to search you.

What information must I be given?

Prior to the search commencing the searching officer must inform you of the following:

• Name of the officer conducting the search

• Police Station the officer is attached to

• The power relied upon

• Objective of the search

If the searching officer does not give this information prior to the search commencing this, could render the whole search plus the time you are detained unlawful.

Extent of the Search

When conducting a Stop and Search in public, this should generally be a "pat down search". The thoroughness and extent of the search must depend on what is suspected of being carried.

There is no power to require a person to remove any clothing in public other than an outer coat, jacket or gloves.

How long can I be detained?

The length of time must be reasonable and kept to a minimum.

What should I do if I am stopped and searched?

We asked Demi Drury, Salaried Partner and head of Claimant Litigation, who has dealt with hundreds of Stop and Search cases across England and Wales.

"If a member of the Public is stopped and searched, they should remain calm and record the interaction on their mobile phone or other digital device if they are able.

After the stop and search is complete, request a copy of the search record and make a note (digital or written) of the numbers/names of the officers involved. It would also be helpful to seek out any witnesses nearby and take a note of their details and any footage they may have obtained.

If a member of the public believes they have been mistreated, it is important to speak with a Specialist Solicitor promptly to understand the legal position and be in a good position to obtain evidence whilst it is still available."

What can I claim for?

If you have been lawfully stopped and searched, then you could claim for the time you are detained (i.e. stopped/unable to leave the area) plus the search to your person or your belongings.

In addition to the above, you may be able to claim humiliation, reputational damage, personal injury or loss suffered as a result of the incident.

Instruct us today

If you have been subjected to a Stop and Search, we recommend you seek independent specialist legal advice as soon as possible.

You can contact GT Stewart today to have one of our specialist solicitors review your case.