The Police and Criminal Evidence Act 1984 (PACE), Section 1, grants police officers the power to stop and search individuals or vehicles when they have reasonable grounds to suspect the presence of stolen or prohibited items.
It allows officers to detain a person or vehicle for the purpose of conducting a search. If, during the search, a constable finds something they reasonably suspect to be stolen or prohibited, they are entitled to seize it —which may lead to an arrest.
However, there are strict rules for when stop and search can be used and breaches can result in discrimination claims against the officers or police force concerned.
A prohibited article is; (a) an offensive weapon; or (b) an article –
- That is made or adapted for use in the course of, or in connection with, an offence; or (example – homemade weapon)
- That is intended by the person having it with him for such use by him. (example – hammer or screw driver)
Stop and search powers can only be exercised in a public place, and only if the officer has reasonable grounds for suspecting they will find stolen or banned items.
'Reasonable grounds' means:
- The officer must genuinely suspect they will find what they are searching for.
- It must be objectively reasonable for them to suspect this. This means an ordinary person would think this was fair if they all the information a police officer had.
Under the Codes of Practice which accompany PACE personal factors can never support a reasonable ground for suspicion. Those are factors such as:
- Physical appearance, including protected characteristics or generalisations or stereotypes.
Under s.2 of PACE –an officer intending to conduct a search must:
- Identify themselves an officer (if not in uniform)
- Give their name and the station
- State the object of proposed search
- Explain the grounds for proposing to make it
Do they have to make any record of that, even if they are not arrested?
Under s.3 of PACE, an officer does have a duty to make a record of a stop and search.
That record will either form a part of the person's custody record, if arrested. If not, it will remain a standalone record and you have the right to request a copy, which must be provided to you within three months.
How Does Discrimination Impact Stop and Search Practices?
The law is clear: reasonable suspicion cannot be based on personal characteristics, such as race, age, clothing, or generalisations about appearance. Officers must be able to justify a stop based on objective factors—not on stereotypes or assumptions.
Despite this legal framework, stop and search has long been used disproportionately against ethnic minority groups, particularly black individuals. A 2010 report by the Equality and Human Rights Commission found that, per head of population in England and Wales, black people were between four and eight times more likely to be stopped and searched than white people. Asian people were stopped between 1.5 and 2.5 times more often.
These disparities persist today. A 2023 IOPC report found many people experience stop and search as degrading and traumatising, feeling "victimised, violated and humiliated." It also warned of the lasting impact of repeated stops, particularly from childhood.
In recent years, individuals have brought successful legal challenges where race was found (or strongly implied) to be a motivating factor in stop and search encounters. In 2023, for example, Tallan Bent received a damages settlement from the Metropolitan Police after being aggressively searched while a white friend he was speaking to was left alone. No drugs were found, and Mr Bent claimed racial discrimination. Similarly, in Joseph v Commissioner of Police of the Metropolis (2022), two black brothers were handcuffed and searched without clear grounds, leading to compensation and an apology from the police.
If you believe you were discriminated against during a stop and search, or feel that the police acted unlawfully, please get in touch to find out whether we can help. Our team has extensive experience in actions against the police, including cases involving unlawful stops, racial discrimination, and breaches of human rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
