Why do the police carry out stop and search?
The sole purpose of stop and search is to prevent and detect crime. When a police officer has a good reason to believe that a person might be in possession of stolen property, or is carrying something that may be used in a crime or act of terrorism, such as a weapon, or something that is unlawful to possess, such as illegal drugs, he or she may stop and detain the person and search them for the suspected item(s). The police never carry out searches randomly. The officer must always have a specific reason to suspect that the individual person is in possession of such items, before the search is carried out. The officer will write the reason(s) on a search record.
In some cases, senior officers may provide a written authority for officers to search anyone in a given location, when there is evidence that serious violence could take place, or where a terrorist threat has been identified. In these cases the senior officer will record the reason(s) for providing the written authority.
Using stop and search powers allows the police to check out their suspicions there and then, without having to arrest the person first. If the person is in possession of an unlawful item, they may be arrested. If not, they are allowed to proceed as soon as possible. Stop and search is a valuable means for the police to prevent crime and terrorism. Stop and search is necessary to help the police protect everyone in the communities of Warwickshire from harm.
How should the police carry out stop and search?
There are strict rules, set out in the Home Office Codes of Practice, which the police must obey when planning and conducting stop and search. We will try to inconvenience the person as little as possible and we will aim to be polite and courteous, explaining our reasons. Officers may search people and/or their vehicles. Officers, before searching will:
- Tell the person they are being detained for the purpose of a search
- Give their name and police station
- State the law which gives the officer the power to search
- Explain what he/she is searching for, and why they believe the person has such an item with them
- Show the person their warrant card (if the officer is not in uniform)
- Inform the person that a record of the search will be made and they are entitled to a copy ( a copy should normally be provided at the time)
- Take reasonable steps to ensure the person has understood their rights especially if the person does not appear to understand English
Officers are aware that conveying this information is an important part of protecting a person’s civil liberties.
How is stop and account different from stop and search?
A stop and account takes place when a police officer or police community support officer stops a member of the public in a public place and asks them to account for their presence, behaviour, actions, or possession of an item, but does not search them. In these circumstances the police are required to provide the person with a record of the stop and account.
How do we know the police are following the rules?
Warwickshire Police has a written policy stating what the rules and procedures are for carrying out stop and search and stop and account. Warwickshire Police provides regular training to its staff on the correct procedures, and supervisors monitor and check that things are being done properly, as stated in our policy. In addition, the police must follow Home Office Codes of Practice governing the use of stop and search and stop and account. All officers and police community support officers have access to these Codes.
A person who is stopped and asked to account for themselves or who is stopped and searched will be given his or her own copy of the search record and a copy is retained by the police. The police also check and audit these records to ensure the accounts and searches have been recorded correctly, and there are good and sufficient grounds for each one.
If someone is unhappy with the way they have been dealt with, they may complain to the police. We will investigate any complaint received from the public about a stop and search or stop and account, and inform the person of our findings and the actions we are taking as a result. The record of account/search contains information about how to report a complaint. A complaint can be registered by visiting a local police station or by contacting the Professional Standards Dept, Warwickshire Police HQ, PO Box 4, Leek Wootton CV35 7QB.
Making a Complaint via the online form to Professional Standards
The Role of the Warwickshire Police Authority
The Warwickshire Police Authority has a responsibility to ensure the police conduct stop and search properly and to provide information to the public about stop and search and stop and account. The Association of Police Authorities (APA) has produced a handy pocket sized leaflet, in different formats, entitled “Stop and Search – Know Your Rights”, which is available at police stations and libraries throughout Warwickshire. Copies may also be obtained from the Citizen’s Advice Bureau and from Warwickshire Race Equality Partnership. The leaflet is available by clicking on the following link.
Find out what your rights are if you are stopped and searched by the police
Finally
We hope that this information helps you to better understand our use of stop and search and stop and account. Above all, we want the public to feel secure in the knowledge that these powers are being used carefully and responsibly in order to protect everyone from harm.
Chief Inspector Mike Slemensek Warwickshire Police