Stop and Search

What is a Stop and Search?

Stop and Search powers:

• Help prevent and detect crime and anti-social behaviour;
• Improve public confidence in the police;
• Enhance police/community relations;
• Provide important criminal and community intelligence; and
• Prevent more serious crimes occurring.

A 'Stop' occurs when a policeofficer stops a person and asks them to account for their actions, behaviour, presence in an area or, possession of anything. General conversations, giving directions, seeking witnesses or general information are not classed as a 'Stop'.

'Stop and Search' is when a police officer stops and detains a person and/or their vehicle, and conducts a ‘Search.’ Officers can only carry out a ‘Search’ if they have a legal power to do so.

'Stop' and 'Stop and Search' powers must be used fairly, responsibly, with respect for people being stopped or stopped and searched, and without unlawful discrimination.  You should not be ‘Stopped or Searched’ just because of your age, race, gender, sexual orientation, disability, religion, the way you dress or because you’ve committed a crime in the past.

What happens if I'm Stopped...

If you are stopped you will first be asked where you are going and what you have been doing.

... and Searched?

The police officer may then decide to ‘Search’ you but, only if they have a good reason, for example, you fit the profile of a criminal seen in the area, or they think you’re acting suspiciously.

Before using a ‘Search’ power, the officer must take reasonable steps to inform you of:

• Their name (except for terrorism searches or, if the officer reasonably believes that giving their name might put them in danger) and the police station they are from;
• The purpose of the ‘Search’;
• The legal power they are exercising; and
• The grounds or authorisation for the ‘Search.’

The ‘Search’ will take place on the street. If the officer asks you to remove more than your coat and gloves, or anything you wear for religious reasons, they must take you out of public view.

You will be asked to turn out your pockets and show the contents of your bag. Your vehicle may be ‘Searched’, even if you are not present (in this instance the officer must leave a notice to say what they have done).

If you’re carrying something illegal, such as a weapon, or the police believe you’ve committed a crime, you may be arrested.

If nothing is found, your details will be recorded for monitoring purposes, and you will be allowed to go.  The officer should record:

• Your name or a description of you;
• Details of your ethnic identity;
• The purpose of the ‘Search’;
• The legal power used;
• The grounds or authorisation for the ‘Search’;
• When and where you were ‘Stopped and Searched’;
• The outcome of the ‘Stop and Search’; and
• Their details.

Do I have to give my details?

You do not have to give your name, address or date of birth if you are ‘Stopped and Searched’ (unless you are being reported for an offence).

However, it is important that you describe your ethnic origion as this information enables us to monitor any disproportionate stopping of ethnic minorities and encourage police accountability.

Can I have a copy of the Stop and Search record?

You are entitled to a copy of the record made by the officer of the ‘Stop and Search’ (unless there are exceptional circumstances that would make it wholly impracticable e.g. situations involving public disorder or when the officer's presence is urgently required elsewhere).

A copy of the record will be kept for twelve months, at a police station, in the area where you were ‘Stopped and Searched’.

How can I complain about a Stop and Search?

Northumbria Police should treat you fairly and with respect. If you believe you were stopped and searched unreasonably, or you weren’t treated fairly or with respect, you can complain to:

• Northumbria Police;
• The Citizens Advice Bureau;
• The Commission for Race Equality;
• The Independent Police Complaints Commission;
• A solicitor;
• You can contact us.

Stop and Search Figures

April 2006 - March 2007

If you require any further information on Stop and Search figures please contact us.