Know Your Rights

We know that the way the police use their stop and search powers can sometimes create tensions with communities.  We want you to know your rights if you are stopped by a police officer, and what you can do if you feel you have been treated unfairly.

Police officers can stop and talk to you at any time, for example, if you have witnessed a crime, or just to pass the time of day.  This is not a ‘Stop and Account’ or ‘Stop and Search’.

What is a ‘Stop and Account’?

If a police officer has reasonable grounds, he or she can ask you to account for:

• your actions
• your presence in a particular location
• your behaviour
• your possession of an item.

You will not be asked to give any personal information (such as your name or address), and the officer will not have to fill out a long form.  The officer will still need to let the person know who they are (by giving them a receipt of business card with their details).  The ethnic background of the person will still be recorded so that we can ensure that the police are using their powers correctly.

What is a ‘Stop and Search’?

A police officer should only search you if they suspect you are carrying:

• drugs
• weapons
• stolen property
• items which could be used to commit a crime or damage to property.

Stop and search can help the police to detect crime and make our communities safer.

If you are stopped and searched, the police officer must normally tell you:

• that you must wait to be searched
• what law they are using and your rights
• their name, and the station they work at
• why they chose you and what they are looking for; and
• your right to be given a record of the search straight away.

If you are stopped and searched, the police officer must fill in a form and give it to you straight away, unless, for example, they are called away in an emergency.  If this happens, you can get a copy from the police station any time within twelve months of being stopped.

The police officer must write down:

• your name, or a description of you
• your self-defined ethnic background
• why, when, and where you were stopped and searched
• what they were looking for and anything they found
• if they are taking any action; and
• the names and numbers of the officers that searched you.

You will be asked for your name, address and date of birth, but you do not have to give this information, unless the police say they are reporting you for an offence.  If this is the case, you could be arrested if you don’t tell them.

You will also be asked to say what your ethnic background is from a list of national census categories.  You do not have to say what it is if you don’t want to, but this information helps show if the police are stopping and searching people just because of their race or ethnicity.

What if I am stopped?

If you are stopped and searched, it doesn’t mean that you have done something wrong.  The police understand that being stopped can be embarrassing or frustrating if you are in a hurry, and officers will always seek your cooperation while conducting a search.

You should not be stopped or searched because of your age, race, ethnic background, nationality, religion or faith, appearance, language, or because you have committed a crime in the past.  You can complain if you believe this is the case.

Where can I be stopped?

You can be stopped:

• in a public place, or
• anywhere – if the police believe you have committed a serious crime.

If the police have good reason to believe there may be serious violence then they can search everyone in an area for weapons – for example, near a football ground – without needing a good reason to search each person (section 60 of the Criminal Justice and Public Order act 1994).

A police officer can stop a vehicle at any time and ask to see the driver’s licence.  If they have good reason to think your car contains stolen goods, drugs or weapons, they could search it even if you are not there, but they must leave a notice saying what they have done.

If the search caused damage, and the police didn’t find anything to connect you to a crime, you can ask for compensation.

How can I complain?

The police should treat you fairly and with respect.  If you are unhappy with how you were treated, you can complain.  If you feel you were treated differently because of your race, nationality or ethnic background, you can complain of direct or indirect race discrimination.  It will help if you keep the record that the police gave you.

You can get advice from, or complain to:

• your local police station
• your local police authority
• a Citizen’s Advice Bureau
• your local race Equality Council
• the Commission for Racial Equality; or
• a solicitor.

Please note: this is a guide to the ‘Stop and Account’ and ‘Stop and Search’ procedures.  It does not cover all of the law.