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+www.tso.co.uk
+The Code contained in this booklet has been issued by the Home Secretary under the
+Police and Criminal Evidence Act 1984 and has been approved by Parliament.
+Copies of the Codes issued under the Police and Criminal Evidence Act 1984 must
+be readily available in all police stations for consultation by police officers, detained
+people and members of the public.
+CODE A
+Revised
+Code of Practice for the
+exercise by:
+Police Officers of Statutory
+Powers of stop and search
+Police Officers and Police
+Staff of requirements to
+record public encounters
+ACODE A
+Code
+A
+Published by TSO (The Stationery Office) and available from:
+Online
+www.tsoshop.co.uk
+Mail, Telephone, Fax & E-mail
+TSO
+PO Box 29, Norwich, NR3 1GN
+Telephone orders/General enquiries: 0870 600 5522
+Fax orders: 0870 600 5533
+E-mail: customer.services@tso.co.uk
+Textphone 0870 240 3701
+TSO@Blackwell and other Accredited Agents
+Published with the permission of the Home Office on behalf of the Controller of Her
+Majesty’s Stationery Office.
+© Crown Copyright 2014
+All rights reserved.
+You may re-use this document/publication (not including logos) free of charge in any format
+or medium, under the terms of the Open Government Licence v3.0. To view this licence, visit
+http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to
+the Information Policy Team, The National Archives, Kew, Richmond, Surrey TW9 4DU;
+or email: psi@nationalarchives.gsi.gov.uk.
+Where we have identified any third party copyright information you will need to obtain
+permission from the copyright holders concerned.
+ISBN 978 0 11 341378 2
+Printed on paper containing 75% recycled fibre content minimum
+Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s
+Stationery Office
+J003019983 C00 03/15 45924 19585
+CODE OF PRACTICE FOR THE EXERCISE BY:
+POLICE OFFICERS OF STATUTORY POWERS OF STOP AND SEARCH
+POLICE OFFICERS AND POLICE STAFF OF REQUIREMENTS TO
+RECORD PUBLIC ENCOUNTERS
+A
+CODE OF PRACTICE FOR THE EXERCISE BY:
+POLICE OFFICERS OF STATUTORY POWERS OF STOP AND SEARCH
+POLICE OFFICERS AND POLICE STAFF OF REQUIREMENTS TO
+RECORD PUBLIC ENCOUNTERS
+Commencement – Transitional Arrangements
+This code applies to any search by a police officer and the recording of public
+encounters taking place after 00.00 on 19 March 2015.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A Contents
+.0 General .........................................................................................................................4
+Principles governing stop and search .....................................................................4
+Types of stop and search powers.............................................................................5
+(a) Stop and search powers requiring reasonable grounds for suspicion –
+explanation ...........................................................................................................6
+General ..................................................................................................................6
+Personal factors can never support reasonable grounds for suspicion ...............6
+Reasonable grounds for suspicion based on information and/or intelligence......7
+Reasonable grounds for suspicion and searching groups ..................................7
+Reasonable grounds for suspicion based on behaviour, time and location .........8
+Securing public confidence and promoting community relations ........................8
+Questioning to decide whether to carry out a search ...........................................8
+(b) Searches authorised under section 60 of the Criminal Justice and Public
+Order Act 1994 .....................................................................................................9
+Powers to require removal of face coverings...................................................... 10
+(c) Not used............................................................................................................... 10
+(d) Searches under Schedule 5 to the Terrorism Prevention and Investigation
+Measures Act 2011 ............................................................................................. 11
+(e) Powers to search persons in the exercise of a power to search premises ........ 12
+Conduct of searches ................................................................................................ 12
+Steps to be taken prior to a search............................................................................. 14
+Recording requirements .......................................................................................... 15
+(a) Searches which do not result in an arrest........................................................... 15
+(b) Searches which result in an arrest...................................................................... 15
+(c) Record of search ................................................................................................. 16
+Recording of encounters not governed by statutory powers...................................... 17
+Monitoring and supervising the use of stop and search powers .......................18
+General........................................................................................................................ 18
+Suspected misuse of powers by individual officers.................................................... 18
+Notes for guidance ................................................................................................................18
+Officers exercising stop and search powers............................................................... 18
+Authorising officers .....................................................................................................21
+Recording....................................................................................................................22
+Definition of offensive weapon....................................................................................23
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+ANNEX A SUMMARY OF MAIN STOP AND SEARCH POWERS TO WHICH A
+CODE A APPLIES ................................................................................... 24
+ANNEX B SELF-DEFINED ETHNIC CLASSIFICATION CATEGORIES ................27
+ANNEX C SUMMARY OF POWERS OF COMMUNITY SUPPORT OFFICERS
+TO SEARCH AND SEIZE ........................................................................28
+. Not used ..........................................................................................28
+. Powers to search requiring the consent of the person
+and seizure......................................................................................28
+. Powers to search not requiring the consent of the person and
+seizure.............................................................................................29
+. Powers to seize without consent ....................................................29
+ANNEX D Deleted .....................................................................................................29
+ANNEX E Deleted .....................................................................................................29
+ANNEX F ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF
+SEARCHING .............................................................................................29
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A 1.0 General
+.01 This code of practice must be readily available at all police stations for consultation by
+police officers, police staff, detained persons and members of the public.
+.02 The notes for guidance included are not provisions of this code, but are guidance to
+police officers and others about its application and interpretation. Provisions in the
+annexes to the code are provisions of this code.
+.03 This code governs the exercise by police officers of statutory powers to search a
+person or a vehicle without first making an arrest. The main stop and search powers to
+which this code applies are set out in Annex A, but that list should not be regarded as
+definitive (see Note 1). In addition, it covers requirements on police officers and police
+staff to record encounters not governed by statutory powers (see paragraphs 2.11 and
+.12). This code does not apply to:
+(a) the powers of stop and search under:
+(i) the Aviation Security Act 1982, section 27(2), and
+(ii) the Police and Criminal Evidence Act 1984 (PACE), section 6(1) (which relates
+specifically to powers of constables employed by statutory undertakers on
+the premises of the statutory undertakers);
+(b) searches carried out for the purposes of examination under Schedule 7 to the
+Terrorism Act 2000 and to which the Code of Practice issued under paragraph 6
+of Schedule 14 to the Terrorism Act 2000 applies.
+(c) the powers to search persons and vehicles and to stop and search in specified
+locations to which the Code of Practice issued under section 47AB of the
+Terrorism Act 2000 applies.
+Principles governing stop and search
+.1 Powers to stop and search must be used fairly, responsibly, with respect for people
+being searched and without unlawful discrimination. Under the Equality Act 2010,
+section 149, when police officers are carrying out their functions, they also have a
+duty to have due regard to the need to eliminate unlawful discrimination, harassment
+and victimisation, to advance equality of opportunity between people who share a
+‘relevant protected characteristic’ and people who do not share it, and to take steps to
+foster good relations between those persons (see Notes 1 and 1A). The Children Act
+, section 11, also requires chief police officers and other specified persons and
+bodies to ensure that in the discharge of their functions they have regard to the need
+to safeguard and promote the welfare of all persons under the age of 18.
+.2 The intrusion on the liberty of the person stopped or searched must be brief and
+detention for the purposes of a search must take place at or near the location of the
+stop.
+.3 If these fundamental principles are not observed the use of powers to stop and search
+may be drawn into question. Failure to use the powers in the proper manner reduces
+their effectiveness. Stop and search can play an important role in the detection and
+prevention of crime, and using the powers fairly makes them more effective.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+.4 The primary purpose of stop and search powers is to enable officers to allay or confirm A
+suspicions about individuals without exercising their power of arrest. Officers may be
+required to justify the use or authorisation of such powers, in relation both to individual
+searches and the overall pattern of their activity in this regard, to their supervisory
+officers or in court. Any misuse of the powers is likely to be harmful to policing and
+lead to mistrust of the police. Officers must also be able to explain their actions to the
+member of the public searched. The misuse of these powers can lead to disciplinary
+action (see paragraphs 5.5 and 5.6).
+.5 An officer must not search a person, even with his or her consent, where no power to
+search is applicable. Even where a person is prepared to submit to a search voluntarily,
+the person must not be searched unless the necessary legal power exists, and the
+search must be in accordance with the relevant power and the provisions of this Code.
+The only exception, where an officer does not require a specific power, applies to
+searches of persons entering sports grounds or other premises carried out with their
+consent given as a condition of entry.
+.6 Evidence obtained from a search to which this Code applies may be open to challenge
+if the provisions of this Code are not observed.
+Types of stop and search powers
+.1 This code applies, subject to paragraph 1.03, to powers of stop and search as follows:
+(a) powers which require reasonable grounds for suspicion, before they may be
+exercised; that articles unlawfully obtained or possessed are being carried such
+as section 1 of PACE for stolen and prohibited articles and section 23 of the
+Misuse of Drugs Act 1971 for controlled drugs;
+(b) authorised under section 60 of the Criminal Justice and Public Order Act 1994,
+based upon a reasonable belief that incidents involving serious violence may take
+place or that people are carrying dangerous instruments or offensive weapons
+within any locality in the police area, or that it is expedient to use the powers to
+find such instruments or weapons that have been used in incidents of serious
+violence;
+(c) Not used;
+(d) the powers in Schedule 5 to the Terrorism Prevention and Investigation Measures
+(TPIM) Act 2011 to search an individual who has not been arrested, conferred by:
+(i) paragraph 6(2)(a) at the time of serving a TPIM notice;
+(ii) paragraph 8(2)(a) under a search warrant for compliance purposes; and
+(iii) paragraph 10 for public safety purposes.
+See paragraph 2.18A.
+(e) powers to search a person who has not been arrested in the exercise of a power
+to search premises (see Code B paragraph 2.4).
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A (a) Stop and search powers requiring reasonable grounds for suspicion –
+explanation
+General
+.2 Reasonable grounds for suspicion is the legal test which a police officer must satisfy
+before they can stop and detain individuals or vehicles to search them under powers
+such as section 1 of PACE (to find stolen or prohibited articles) and section 23 of the
+Misuse of Drugs Act 1971 (to find controlled drugs). This test must be applied to the
+particular circumstances in each case and is in two parts:
+(i) Firstly, the officer must have formed a genuine suspicion in their own mind that
+they will find the object for which the search power being exercised allows them
+to search (see Annex A, second column, for examples); and
+(ii) Secondly, the suspicion that the object will be found must be reasonable. 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.
+Officers must therefore be able to explain the basis for their suspicion by reference to
+intelligence or information about, or some specific behaviour by, the person concerned
+(see paragraphs 3.8(d), 4.6 and 5.5).
+.2A The exercise of these stop and search powers depends on the likelihood that the
+person searched is in possession of an item for which they may be searched; it does
+not depend on the person concerned being suspected of committing an offence in
+relation to the object of the search. A police officer who has reasonable grounds
+to suspect that a person is in innocent possession of a stolen or prohibited article,
+controlled drug or other item for which the officer is empowered to search, may stop
+and search the person even though there would be no power of arrest. This would
+apply when a child under the age of criminal responsibility (10 years) is suspected of
+carrying any such item, even if they knew they had it. (See Notes 1B and 1BA.)
+Personal factors can never support reasonable grounds for suspicion
+.2B Reasonable suspicion can never be supported on the basis of personal factors.
+This means that unless the police have information or intelligence which provides
+a description of a person suspected of carrying an article for which there is a power
+to stop and search, the following cannot be used, alone or in combination with each
+other, or in combination with any other factor, as the reason for stopping and searching
+any individual, including any vehicle which they are driving or are being carried in:
+(a) A person’s physical appearance with regard, for example, to any of the ‘relevant
+protected characteristics’ set out in the Equality Act 2010, section 149, which are
+age, disability, gender reassignment, pregnancy and maternity, race, religion or
+belief, sex and sexual orientation (see paragraph 1.1 and Note 1A), or the fact that
+the person is known to have a previous conviction; and
+(b) Generalisations or stereotypical images that certain groups or categories of
+people are more likely to be involved in criminal activity.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+.3 Not used. A
+Reasonable grounds for suspicion based on information and/or intelligence
+.4 Reasonable grounds for suspicion should normally be linked to accurate and current
+intelligence or information, relating to articles for which there is a power to stop and
+search, being carried by individuals or being in vehicles in any locality. This would
+include reports from members of the public or other officers describing:
+• a person who has been seen carrying such an article or a vehicle in which such
+an article has been seen.
+• crimes committed in relation to which such an article would constitute relevant
+evidence, for example, property stolen in a theft or burglary, an offensive weapon
+or bladed or sharply pointed article used to assault or threaten someone or an
+article used to cause criminal damage to property.
+.4A Searches based on accurate and current intelligence or information are more likely to
+be effective. Targeting searches in a particular area at specified crime problems not
+only increases their effectiveness but also minimises inconvenience to law-abiding
+members of the public. It also helps in justifying the use of searches both to those
+who are searched and to the public. This does not, however, prevent stop and search
+powers being exercised in other locations where such powers may be exercised and
+reasonable suspicion exists.
+.5 Not used.
+Reasonable grounds for suspicion and searching groups
+.6 Where there is reliable information or intelligence that members of a group or gang
+habitually carry knives unlawfully or weapons or controlled drugs, and wear a distinctive
+item of clothing or other means of identification in order to identify themselves as
+members of that group or gang, that distinctive item of clothing or other means of
+identification may provide reasonable grounds to stop and search any person believed
+to be a member of that group or gang. (See Note 9.)
+.6A A similar approach would apply to particular organised protest groups where there is
+reliable information or intelligence:
+(a) that the group in question arranges meetings and marches to which one or more
+members bring articles intended to be used to cause criminal damage and/or
+injury to others in support of the group’s aims;
+(b) that at one or more previous meetings or marches arranged by that group, such
+articles have been used and resulted in damage and/or injury; and
+(c) that on the subsequent occasion in question, one or more members of the group
+have brought with them such articles with similar intentions
+These circumstances may provide reasonable grounds to stop and search any
+members of the group to find such articles (see Note 9A). See also paragraphs 2.12 to
+.18, “Searches authorised under section 60 of the Criminal Justice and Public Order
+Act 1994”, when serious violence is anticipated at meetings and marches.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A Reasonable grounds for suspicion based on behaviour, time and location
+.6B Reasonable suspicion may also exist without specific information or intelligence
+and on the basis of the behaviour of a person. For example, if an officer encounters
+someone on the street at night who is obviously trying to hide something, the officer
+may (depending on the other surrounding circumstances) base such suspicion on the
+fact that this kind of behaviour is often linked to stolen or prohibited articles being
+carried. An officer who forms the opinion that a person is acting suspiciously or that
+they appear to be nervous must be able to explain, with reference to specific aspects
+of the person’s behaviour or conduct which they have observed, why they formed that
+opinion (see paragraphs 3.8(d) and 5.5). A hunch or instinct which cannot be explained
+or justified to an objective observer can never amount to reasonable grounds.
+.7 Not used.
+.8 Not used.
+Securing public confidence and promoting community relations
+.8A All police officers must recognise that searches are more likely to be effective,
+legitimate and secure public confidence when their reasonable grounds for suspicion
+are based on a range of objective factors. The overall use of these powers is more
+likely to be effective when up-to-date and accurate intelligence or information is
+communicated to officers and they are well-informed about local crime patterns. Local
+senior officers have a duty to ensure that those under their command who exercise
+stop and search powers have access to such information, and the officers exercising
+the powers have a duty to acquaint themselves with that information (see paragraphs
+.1 to 5.6).
+Questioning to decide whether to carry out a search
+.9 An officer who has reasonable grounds for suspicion may detain the person concerned
+in order to carry out a search. Before carrying out the search the officer may ask
+questions about the person’s behaviour or presence in circumstances which gave
+rise to the suspicion. As a result of questioning the detained person, the reasonable
+grounds for suspicion necessary to detain that person may be confirmed or, because
+of a satisfactory explanation, be dispelled. (See Notes 2 and 3.) Questioning may also
+reveal reasonable grounds to suspect the possession of a different kind of unlawful
+article from that originally suspected. Reasonable grounds for suspicion however
+cannot be provided retrospectively by such questioning during a person’s detention or
+by refusal to answer any questions asked.
+.10 If, as a result of questioning before a search, or other circumstances which come to
+the attention of the officer, there cease to be reasonable grounds for suspecting that
+an article of a kind for which there is a power to stop and search is being carried, no
+search may take place. (See Note 3.) In the absence of any other lawful power to
+detain, the person is free to leave at will and must be so informed.
+.11 There is no power to stop or detain a person in order to find grounds for a search.
+Police officers have many encounters with members of the public which do not involve
+detaining people against their will and do not require any statutory power for an officer
+to speak to a person (see paragraph 4.12 and Note 1). However, if reasonable grounds
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+for suspicion emerge during such an encounter, the officer may detain the person to A
+search them, even though no grounds existed when the encounter began. As soon as
+detention begins, and before searching, the officer must inform the person that they
+are being detained for the purpose of a search and take action in accordance with
+paragraphs 3.8 to 3.11 under “Steps to be taken prior to a search”.
+(b) Searches authorised under section 60 of the Criminal Justice and Public
+Order Act 1994
+.12 Authority for a constable in uniform to stop and search under section 60 of the Criminal
+Justice and Public Order Act 1994 may be given if the authorising officer reasonably
+believes:
+(a) that incidents involving serious violence may take place in any locality in the
+officer’s police area, and it is expedient to use these powers to prevent their
+occurrence;
+(b) that persons are carrying dangerous instruments or offensive weapons without
+good reason in any locality in the officer’s police area; or
+(c) that an incident involving serious violence has taken place in the officer’s police
+area, a dangerous instrument or offensive weapon used in the incident is being
+carried by a person in any locality in that police area, and it is expedient to use
+these powers to find that instrument or weapon.
+.13 An authorisation under section 60 may only be given by an officer of the rank of inspector
+or above and in writing, or orally if paragraph 2.12(c) applies and it is not practicable
+to give the authorisation in writing. The authorisation (whether written or oral) must
+specify the grounds on which it was given, the locality in which the powers may be
+exercised and the period of time for which they are in force. The period authorised
+shall be no longer than appears reasonably necessary to prevent, or seek to prevent
+incidents of serious violence, or to deal with the problem of carrying dangerous
+instruments or offensive weapons or to find a dangerous instrument or offensive
+weapon that has been used. It may not exceed 24 hours. An oral authorisation given
+where paragraph 2.12(c) applies must be recorded in writing as soon as practicable.
+(See Notes 10 to 13.)
+.14 An inspector who gives an authorisation must, as soon as practicable, inform an officer
+of or above the rank of superintendent. This officer may direct that the authorisation
+shall be extended for a further 24 hours, if violence or the carrying of dangerous
+instruments or offensive weapons has occurred, or is suspected to have occurred,
+and the continued use of the powers is considered necessary to prevent or deal with
+further such activity or to find a dangerous instrument or offensive weapon used that
+has been used. That direction must be given in writing unless it is not practicable to
+do so, in which case it must be recorded in writing as soon as practicable afterwards.
+(See Note 12.)
+.14A The selection of persons and vehicles under section 60 to be stopped and, if
+appropriate, searched should reflect an objective assessment of the nature of the
+incident or weapon in question and the individuals and vehicles thought likely to be
+associated with that incident or those weapons (see Notes 10 and 11). The powers must
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A not be used to stop and search persons and vehicles for reasons unconnected with
+the purpose of the authorisation. When selecting persons and vehicles to be stopped
+in response to a specific threat or incident, officers must take care not to discriminate
+unlawfully against anyone on the grounds of any of the protected characteristics set
+out in the Equality Act 2010. (See paragraph 1.1.)
+.14B The driver of a vehicle which is stopped under section 60 and any person who is
+searched under section 60 are entitled to a written statement to that effect if they
+apply within twelve months from the day the vehicle was stopped or the person was
+searched. This statement is a record which states that the vehicle was stopped or (as
+the case may be) that the person was searched under section 60 and it may form part
+of the search record or be supplied as a separate record.
+Powers to require removal of face coverings
+.15 Section 60AA of the Criminal Justice and Public Order Act 1994 also provides a
+power to demand the removal of disguises. The officer exercising the power must
+reasonably believe that someone is wearing an item wholly or mainly for the purpose
+of concealing identity. There is also a power to seize such items where the officer
+believes that a person intends to wear them for this purpose. There is no power to
+stop and search for disguises. An officer may seize any such item which is discovered
+when exercising a power of search for something else, or which is being carried, and
+which the officer reasonably believes is intended to be used for concealing anyone’s
+identity. This power can only be used if an authorisation given under section 60 or
+under section 60AA, is in force. (See Note 4.)
+.16 Authority under section 60AA for a constable in uniform to require the removal of
+disguises and to seize them may be given if the authorising officer reasonably believes
+that activities may take place in any locality in the officer’s police area that are likely to
+involve the commission of offences and it is expedient to use these powers to prevent
+or control these activities.
+.17 An authorisation under section 60AA may only be given by an officer of the rank of
+inspector or above, in writing, specifying the grounds on which it was given, the locality
+in which the powers may be exercised and the period of time for which they are in
+force. The period authorised shall be no longer than appears reasonably necessary to
+prevent, or seek to prevent the commission of offences. It may not exceed 24 hours.
+(See Notes 10 to 13.)
+.18 An inspector who gives an authorisation must, as soon as practicable, inform
+an officer of or above the rank of superintendent. This officer may direct that the
+authorisation shall be extended for a further 24 hours, if crimes have been committed,
+or are suspected to have been committed, and the continued use of the powers is
+considered necessary to prevent or deal with further such activity. This direction must
+also be given in writing at the time or as soon as practicable afterwards. (See Note 12.)
+(c) Not used
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+(d) Searches under Schedule 5 to the Terrorism Prevention and Investigation A
+Measures Act 2011
+.18A Paragraph 3 of Schedule 5 to the TPIM Act 2011 allows a constable to detain an
+individual to be searched under the following powers:
+(i) paragraph 6(2)(a) when a TPIM notice is being, or has just been, served on
+the individual for the purpose of ascertaining whether there is anything on the
+individual that contravenes measures specified in the notice;
+(ii) paragraph 8(2)(a) in accordance with a warrant to search the individual issued
+by a justice of the peace in England and Wales, a sheriff in Scotland or a lay
+magistrate in Northern Ireland who is satisfied that a search is necessary for the
+purpose of determining whether an individual in respect of whom a TPIM notice is
+in force is complying with measures specified in the notice (see paragraph 2.20);
+and
+(iii) paragraph 10 to ascertain whether an individual in respect of whom a TPIM notice
+is in force is in possession of anything that could be used to threaten or harm any
+person.
+See paragraph 2.1(e).
+.19 The exercise of the powers mentioned in paragraph 2.18A does not require the
+constable to have reasonable grounds to suspect that the individual:
+(a) has been, or is, contravening any of the measures specified in the TPIM notice; or
+(b) has on them anything which:
+• in the case of the power in sub-paragraph (i), contravenes measures
+specified in the TPIM notice;
+• in the case of the power in sub-paragraph (ii) is not complying with measures
+specified in the TPIM notice; or
+• in the case of the power in sub-paragraph (iii), could be used to threaten or
+harm any person.
+.20 A search of an individual on warrant under the power mentioned in paragraph 2.18A(ii)
+must carried out within 28 days of the issue of the warrant and:
+• the individual may be searched on one occasion only within that period;
+• the search must take place at a reasonable hour unless it appears that this would
+frustrate the purposes of the search.
+.21 Not used.
+.22 Not used.
+.23 Not used.
+.24 Not used.
+.24A Not used.
+.25 Not used.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A 2.26 The powers under Schedule 5 allow a constable to conduct a search of an individual
+only for specified purposes relating to a TPIM notice as set out above. However,
+anything found may be seized and retained if there are reasonable grounds for believing
+that it is or it contains evidence of any offence for use at a trial for that offence or to
+prevent it being concealed, lost, damaged, altered, or destroyed. However, this would
+not prevent a search being carried out under other search powers if, in the course of
+exercising these powers, the officer formed reasonable grounds for suspicion.
+(e) Powers to search persons in the exercise of a power to search premises
+.27 The following powers to search premises also authorise the search of a person, not
+under arrest, who is found on the premises during the course of the search:
+(a) section 139B of the Criminal Justice Act 1988 under which a constable may enter
+school premises and search the premises and any person on those premises for
+any bladed or pointed article or offensive weapon;
+(b) under a warrant issued under section 23(3) of the Misuse of Drugs Act 1971
+to search premises for drugs or documents but only if the warrant specifically
+authorises the search of persons found on the premises; and
+(c) under a search warrant or order issued under paragraph 1, 3 or 11 of Schedule
+to the Terrorism Act 2000 to search premises and any person found there for
+material likely to be of substantial value to a terrorist investigation.
+.28 Before the power under section 139B of the Criminal Justice Act 1988 may be exercised,
+the constable must have reasonable grounds to suspect that an offence under section
+A or 139AA of the Criminal Justice Act 1988 (having a bladed or pointed article or
+offensive weapon on school premises) has been or is being committed. A warrant to
+search premises and persons found therein may be issued under section 23(3) of the
+Misuse of Drugs Act 1971 if there are reasonable grounds to suspect that controlled
+drugs or certain documents are in the possession of a person on the premises.
+.29 The powers in paragraph 2.27 do not require prior specific grounds to suspect that the
+person to be searched is in possession of an item for which there is an existing power
+to search. However, it is still necessary to ensure that the selection and treatment of
+those searched under these powers is based upon objective factors connected with
+the search of the premises, and not upon personal prejudice.
+Conduct of searches
+.1 All stops 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. (See Note 4.)
+.2 The co-operation of the person to be searched must be sought in every case, even if
+the person initially objects to the search. A forcible search may be made only if it has
+been established that the person is unwilling to co-operate or resists. Reasonable
+force may be used as a last resort if necessary to conduct a search or to detain a
+person or vehicle for the purposes of a search.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+.3 The length of time for which a person or vehicle may be detained must be reasonable A
+and kept to a minimum. Where the exercise of the power requires reasonable suspicion,
+the thoroughness and extent of a search must depend on what is suspected of being
+carried, and by whom. If the suspicion relates to a particular article which is seen to
+be slipped into a person’s pocket, then, in the absence of other grounds for suspicion
+or an opportunity for the article to be moved elsewhere, the search must be confined
+to that pocket. In the case of a small article which can readily be concealed, such as
+a drug, and which might be concealed anywhere on the person, a more extensive
+search may be necessary. In the case of searches mentioned in paragraph 2.1(b) and
+(d), which do not require reasonable grounds for suspicion, officers may make any
+reasonable search to look for items for which they are empowered to search. (See
+Note 5.)
+.4 The search must be carried out at or near the place where the person or vehicle was
+first detained. (See Note 6.)
+.5 There is no power to require a person to remove any clothing in public other than an
+outer coat, jacket or gloves, except under section 60AA of the Criminal Justice and
+Public Order Act 1994 (which empowers a constable to require a person to remove
+any item worn to conceal identity). (See Notes 4 and 6.) A search in public of a person’s
+clothing which has not been removed must be restricted to superficial examination of
+outer garments. This does not, however, prevent an officer from placing his or her
+hand inside the pockets of the outer clothing, or feeling round the inside of collars,
+socks and shoes if this is reasonably necessary in the circumstances to look for the
+object of the search or to remove and examine any item reasonably suspected to
+be the object of the search. For the same reasons, subject to the restrictions on the
+removal of headgear, a person’s hair may also be searched in public. (See paragraphs
+.1 and 3.3.)
+.6 Where on reasonable grounds it is considered necessary to conduct a more thorough
+search (e.g. by requiring a person to take off a T-shirt), this must be done out of public
+view, for example, in a police van unless paragraph 3.7 applies, or police station if
+there is one nearby (see Note 6.) Any search involving the removal of more than an
+outer coat, jacket, gloves, headgear or footwear, or any other item concealing identity,
+may only be made by an officer of the same sex as the person searched and may
+not be made in the presence of anyone of the opposite sex unless the person being
+searched specifically requests it. (See Code C Annex L and Notes 4 and 7.)
+.7 Searches involving exposure of intimate parts of the body must not be conducted as
+a routine extension of a less thorough search, simply because nothing is found in the
+course of the initial search. Searches involving exposure of intimate parts of the body
+may be carried out only at a nearby police station or other nearby location which is
+out of public view (but not a police vehicle). These searches must be conducted in
+accordance with paragraph 11 of Annex A to Code C except that an intimate search
+mentioned in paragraph 11(f) of Annex A to Code C may not be authorised or carried
+out under any stop and search powers. The other provisions of Code C do not apply
+to the conduct and recording of searches of persons detained at police stations in the
+exercise of stop and search powers. (See Note 7.)
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A Steps to be taken prior to a search
+.8 Before any search of a detained person or attended vehicle takes place the officer
+must take reasonable steps, if not in uniform (see paragraph 3.9), to show their
+warrant card to the person to be searched or in charge of the vehicle to be searched
+and whether or not in uniform, to give that person the following information:
+(a) that they are being detained for the purposes of a search;
+(b) the officer’s name (except in the case of enquiries linked to the investigation of
+terrorism, or otherwise where the officer reasonably believes that giving their
+name might put them in danger, in which case a warrant or other identification
+number shall be given) and the name of the police station to which the officer is
+attached;
+(c) the legal search power which is being exercised, and
+(d) a clear explanation of:
+(i) the object of the search in terms of the article or articles for which there is a
+power to search; and
+(ii) in the case of:
+• the power under section 60 of the Criminal Justice and Public Order Act
+(see paragraph 2.1(b)), the nature of the power, the authorisation
+and the fact that it has been given;
+• the powers under Schedule 5 to the Terrorism Prevention and
+Investigation Measures Act 2011 (see paragraph 2.1(e) and 2.18A):
+~ the fact that a TPIM notice is in force or, (in the case of paragraph
+(2)(a)) that a TPIM notice is being served;
+~ the nature of the power being exercised.
+For a search under paragraph 8 of Schedule 5, the warrant must be
+produced and the person provided with a copy of it.
+• all other powers requiring reasonable suspicion (see paragraph 2.1(a)),
+the grounds for that suspicion. This means explaining the basis for the
+suspicion by reference to information and/or intelligence about, or some
+specific behaviour by, the person concerned (see paragraph 2.2).
+(e) that they are entitled to a copy of the record of the search if one is made (see
+section 4 below) if they ask within 3 months from the date of the search and:
+(i) if they are not arrested and taken to a police station as a result of the search
+and it is practicable to make the record on the spot, that immediately after the
+search is completed they will be given, if they request, either:
+• a copy of the record; or
+• a receipt which explains how they can obtain a copy of the full record or
+access to an electronic copy of the record; or
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+(ii) if they are arrested and taken to a police station as a result of the search, that A
+the record will be made at the station as part of their custody record and they
+will be given, if they request, a copy of their custody record which includes
+a record of the search as soon as practicable whilst they are at the station.
+(See Note 16.)
+.9 Stops and searches under the power mentioned in paragraph 2.1(b) may be undertaken
+only by a constable in uniform.
+.10 The person should also be given information about police powers to stop and search
+and the individual’s rights in these circumstances.
+.11 If the person to be searched, or in charge of a vehicle to be searched, does not appear
+to understand what is being said, or there is any doubt about the person’s ability
+to understand English, the officer must take reasonable steps to bring information
+regarding the person’s rights and any relevant provisions of this Code to his or her
+attention. If the person is deaf or cannot understand English and is accompanied by
+someone, then the officer must try to establish whether that person can interpret or
+otherwise help the officer to give the required information.
+Recording requirements
+(a) Searches which do not result in an arrest
+.1 When an officer carries out a search in the exercise of any power to which this Code
+applies and the search does not result in the person searched or person in charge
+of the vehicle searched being arrested and taken to a police station, a record must
+be made of it, electronically or on paper, unless there are exceptional circumstances
+which make this wholly impracticable (e.g. in situations involving public disorder or
+when the recording officer’s presence is urgently required elsewhere). If a record is to
+be made, the officer carrying out the search must make the record on the spot unless
+this is not practicable, in which case, the officer must make the record as soon as
+practicable after the search is completed. (See Note 16.)
+.2 If the record is made at the time, the person who has been searched or who is in
+charge of the vehicle that has been searched must be asked if they want a copy and if
+they do, they must be given immediately, either:
+• a copy of the record; or
+• a receipt which explains how they can obtain a copy of the full record or access
+to an electronic copy of the record.
+.2A An officer is not required to provide a copy of the full record or a receipt at the time if
+they are called to an incident of higher priority. (See Note 21.)
+(b) Searches which result in an arrest
+.2B If a search in the exercise of any power to which this Code applies results in a person
+being arrested and taken to a police station, the officer carrying out the search is
+responsible for ensuring that a record of the search is made as part of their custody
+record. The custody officer must then ensure that the person is asked if they want a
+copy of the record and, if they do, that they are given a copy as soon as practicable.
+(See Note 16.)
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A (c) Record of search
+.3 The record of a search must always include the following information:
+(a) A note of the self defined ethnicity, and if different, the ethnicity as perceived by
+the officer making the search, of the person searched or of the person in charge
+of the vehicle searched (as the case may be) (see Note 18);
+(b) The date, time and place the person or vehicle was searched (see Note 6);
+(c) The object of the search in terms of the article or articles for which there is a
+power to search;
+(d) In the case of:
+• the power under section 60 of the Criminal Justice and Public Order Act
+(see paragraph 2.1(b)), the nature of the power, the authorisation and
+the fact that it has been given (see Note 17);
+• the powers under Schedule 5 to the Terrorism Prevention and Investigation
+Measures Act 2011 (see paragraphs 2.1(e) and 2.18A):
+~ the fact that a TPIM notice is in force or, (in the case of paragraph 6(2)
+(a)), that a TPIM notice is being served;
+~ the nature of the power, and
+~ for a search under paragraph 8, the date the search warrant was issued,
+the fact that the warrant was produced and a copy of it provided and the
+warrant must also be endorsed by the constable executing it to state
+whether anything was found and whether anything was seized, and
+• all other powers requiring reasonable suspicion (see paragraph 2.1(a)), the
+grounds for that suspicion.
+(e) subject to paragraph 3.8(b), the identity of the officer carrying out the search.
+(See Note 15.)
+.3A For the purposes of completing the search record, there is no requirement to record
+the name, address and date of birth of the person searched or the person in charge
+of a vehicle which is searched. The person is under no obligation to provide this
+information and they should not be asked to provide it for the purpose of completing
+the record.
+.4 Nothing in paragraph 4.3 requires the names of police officers to be shown on the
+search record or any other record required to be made under this Code in the case
+of enquiries linked to the investigation of terrorism or otherwise where an officer
+reasonably believes that recording names might endanger the officers. In such cases
+the record must show the officers’ warrant or other identification number and duty
+station.
+.5 A record is required for each person and each vehicle searched. However, if a person
+is in a vehicle and both are searched, and the object and grounds of the search are
+the same, only one record need be completed. If more than one person in a vehicle
+is searched, separate records for each search of a person must be made. If only a
+vehicle is searched, the self-defined ethnic background of the person in charge of the
+vehicle must be recorded, unless the vehicle is unattended.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+.6 The record of the grounds for making a search must, briefly but informatively, explain A
+the reason for suspecting the person concerned, by reference to information and/
+or intelligence about, or some specific behaviour by, the person concerned (see
+paragraph 2.2).
+.7 Where officers detain an individual with a view to performing a search, but the need to
+search is eliminated as a result of questioning the person detained, a search should
+not be carried out and a record is not required. (See paragraph 2.10 and Notes 3 and
+A.)
+.8 After searching an unattended vehicle, or anything in or on it, an officer must leave a
+notice in it (or on it, if things on it have been searched without opening it) recording the
+fact that it has been searched.
+.9 The notice must include the name of the police station to which the officer concerned
+is attached and state where a copy of the record of the search may be obtained and
+how (if applicable) an electronic copy may be accessed and where any application for
+compensation should be directed.
+.10 The vehicle must if practicable be left secure.
+.10A Not used.
+.10B Not used.
+Recording of encounters not governed by statutory powers
+.11 Not used
+.12 There is no national requirement for an officer who requests a person in a public
+place to account for themselves, i.e. their actions, behaviour, presence in an area or
+possession of anything, to make any record of the encounter or to give the person a
+receipt. (See paragraph 2.11 and Notes 22A and 22B.)
+.12A Not used.
+.13 Not used.
+.14 Not used.
+.15 Not used.
+.16 Not used.
+.17 Not used.
+.18 Not used.
+.19 Not used.
+.20 Not used.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A 5 Monitoring and supervising the use of stop and search powers
+General
+.1 Any misuse of stop and search powers is likely to be harmful to policing and lead to
+mistrust of the police by the local community and by the public in general. Supervising
+officers must monitor the use of stop and search powers and should consider in
+particular whether there is any evidence that they are being exercised on the basis of
+stereotyped images or inappropriate generalisations. Supervising officers must satisfy
+themselves that the practice of officers under their supervision in stopping, searching
+and recording is fully in accordance with this Code. Supervisors must also examine
+whether the records reveal any trends or patterns which give cause for concern and, if
+so, take appropriate action to address this. (See paragraph 2.8A.)
+.2 Senior officers with area or force-wide responsibilities must also monitor the broader
+use of stop and search powers and, where necessary, take action at the relevant level.
+.3 Supervision and monitoring must be supported by the compilation of comprehensive
+statistical records of stops and searches at force, area and local level. Any apparently
+disproportionate use of the powers by particular officers or groups of officers or in
+relation to specific sections of the community should be identified and investigated.
+.4 In order to promote public confidence in the use of the powers, forces, in consultation
+with police and crime commissioners, must make arrangements for the records to be
+scrutinised by representatives of the community, and to explain the use of the powers
+at a local level. (See Note 19.)
+Suspected misuse of powers by individual officers
+.5 Police supervisors must monitor the use of stop and search powers by individual
+officers to ensure that they are being applied appropriately and lawfully. Monitoring
+takes many forms, such as direct supervision of the exercise of the powers, examining
+stop and search records (particularly examining the officer’s documented reasonable
+grounds for suspicion) and asking the officer to account for the way in which they
+conducted and recorded particular searches or through complaints about a stop and
+search that an officer has carried out.
+.6 Where a supervisor identifies issues with the way that an officer has used a stop
+and search power, the facts of the case will determine whether the standards of
+professional behaviour as set out in the Code of Ethics (see http://www.college.police.
+uk/en/20972.htm) have been breached and which formal action is pursued. Improper
+use might be a result of poor performance or a conduct matter, which will require the
+supervisor to take appropriate action such as performance or misconduct procedures.
+It is imperative that supervisors take both timely and appropriate action to deal with all
+such cases that come to their notice.
+Notes for guidance
+Officers exercising stop and search powers
+This Code does not affect the ability of an officer to speak to or question a person in the
+ordinary course of the officer’s duties without detaining the person or exercising any
+element of compulsion. It is not the purpose of the code to prohibit such encounters
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+between the police and the community with the co-operation of the person concerned A
+and neither does it affect the principle that all citizens have a duty to help police officers
+to prevent crime and discover offenders. This is a civic rather than a legal duty; but
+when a police officer is trying to discover whether, or by whom, an offence has been
+committed he or she may question any person from whom useful information might
+be obtained, subject to the restrictions imposed by Code C. A person’s unwillingness
+to reply does not alter this entitlement, but in the absence of a power to arrest, or to
+detain in order to search, the person is free to leave at will and cannot be compelled
+to remain with the officer.
+A In paragraphs 1.1 and 2.2B(a), the ‘relevant protected characteristics’ are: age,
+disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex
+and sexual orientation.
+B Innocent possession means that the person does [not] have the guilty knowledge that
+they are carrying an unlawful item which is required before an arrest on suspicion
+that the person has committed an offence in respect of the item sought (if arrest is
+necessary - see PACE Code G) and/or a criminal prosecution) can be considered. It is
+not uncommon for children under the age of criminal responsibility to be used by older
+children and adults to carry stolen property, drugs and weapons and, in some cases,
+firearms, for the criminal benefit of others, either:
+• in the hope that police may not suspect they are being used for carrying the items;
+or
+• knowing that if they are suspected of being couriers and are stopped and
+searched, they cannot be arrested or prosecuted for any criminal offence.
+Stop and search powers therefore allow the police to intervene effectively to break up
+criminal gangs and groups that use young children to further their criminal activities.
+BA Whenever a child under 10 is suspected of carrying unlawful items for someone else,
+or is found in circumstances which suggest that their welfare and safety may be at
+risk, the facts should be reported and actioned in accordance with established force
+safeguarding procedures. This will be in addition to treating them as a potentially
+vulnerable or intimidated witness in respect of their status as a witness to the serious
+criminal offence(s) committed by those using them as couriers. Safeguarding
+considerations will also apply to other persons aged under 18 who are stopped and
+searched under any of the powers to which this Code applies. See paragraph 1.1 with
+regard to the requirement under the Children Act 2004, section 11, for chief police
+officers and other specified persons and bodies, to ensure that in the discharge of
+their functions, they have regard to the need to safeguard and promote the welfare of
+all persons under the age of 18.
+In some circumstances preparatory questioning may be unnecessary, but in general
+a brief conversation or exchange will be desirable not only as a means of avoiding
+unsuccessful searches, but to explain the grounds for the stop/search, to gain cooperation
+and reduce any tension there might be surrounding the stop/search.
+Where a person is lawfully detained for the purpose of a search, but no search in the
+event takes place, the detention will not thereby have been rendered unlawful.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A 4 Many people customarily cover their heads or faces for religious reasons - for example,
+Muslim women, Sikh men, Sikh or Hindu women, or Rastafarian men or women. A
+police officer cannot order the removal of a head or face covering except where there
+is reason to believe that the item is being worn by the individual wholly or mainly for the
+purpose of disguising identity, not simply because it disguises identity. Where there
+may be religious sensitivities about ordering the removal of such an item, the officer
+should permit the item to be removed out of public view. Where practicable, the item
+should be removed in the presence of an officer of the same sex as the person and out
+of sight of anyone of the opposite sex (see Code C Annex L).
+A search of a person in public should be completed as soon as possible.
+A person may be detained under a stop and search power at a place other than where
+the person was first detained, only if that place, be it a police station or elsewhere, is
+nearby. Such a place should be located within a reasonable travelling distance using
+whatever mode of travel (on foot or by car) is appropriate. This applies to all searches
+under stop and search powers, whether or not they involve the removal of clothing or
+exposure of intimate parts of the body (see paragraphs 3.6 and 3.7) or take place in
+or out of public view. It means, for example, that a search under the stop and search
+power in section 23 of the Misuse of Drugs Act 1971 which involves the compulsory
+removal of more than a person’s outer coat, jacket or gloves cannot be carried out
+unless a place which is both nearby the place they were first detained and out of
+public view, is available. If a search involves exposure of intimate parts of the body
+and a police station is not nearby, particular care must be taken to ensure that the
+location is suitable in that it enables the search to be conducted in accordance with
+the requirements of paragraph 11 of Annex A to Code C.
+A search in the street itself should be regarded as being in public for the purposes
+of paragraphs 3.6 and 3.7 above, even though it may be empty at the time a search
+begins. Although there is no power to require a person to do so, there is nothing to
+prevent an officer from asking a person voluntarily to remove more than an outer coat,
+jacket or gloves in public.
+Not used.
+Other means of identification might include jewellery, insignias, tattoos or other
+features which are known to identify members of the particular gang or group.
+A A decision to search individuals believed to be members of a particular group or gang
+must be judged on a case by case basis according to the circumstances applicable at
+the time of the proposed searches and in particular, having regard to:
+(a) the number of items suspected of being carried;
+(b) the nature of those items and the risk they pose; and
+(c) the number of individuals to be searched.
+A group search will only be justified if it is a necessary and proportionate approach
+based on the facts and having regard to the nature of the suspicion in these cases. The
+extent and thoroughness of the searches must not be excessive.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+The size of the group and the number of individuals it is proposed to search will be A
+a key factor and steps should be taken to identify those who are to be searched to
+avoid unnecessary inconvenience to unconnected members of the public who are
+also present.
+The onus is on the police to be satisfied and to demonstrate that their approach to
+the decision to search is in pursuit of a legitimate aim, necessary and proportionate.
+Authorising officers
+The powers under section 60 are separate from and additional to the normal stop
+and search powers which require reasonable grounds to suspect an individual of
+carrying an offensive weapon (or other article). Their overall purpose is to prevent
+serious violence and the widespread carrying of weapons which might lead to persons
+being seriously injured by disarming potential offenders or finding weapons that have
+been used in circumstances where other powers would not be sufficient. They should
+not therefore be used to replace or circumvent the normal powers for dealing with
+routine crime problems. A particular example might be an authorisation to prevent
+serious violence or the carrying of offensive weapons at a sports event by rival team
+supporters when the expected general appearance and age range of those likely
+to be responsible, alone, would not be sufficiently distinctive to support reasonable
+suspicion (see paragraph 2.6). The purpose of the powers under section 60AA is
+to prevent those involved in intimidatory or violent protests using face coverings to
+disguise identity.
+Authorisations under section 60 require a reasonable belief on the part of the
+authorising officer. This must have an objective basis, for example: intelligence or
+relevant information such as a history of antagonism and violence between particular
+groups; previous incidents of violence at, or connected with, particular events or
+locations; a significant increase in knife-point robberies in a limited area; reports that
+individuals are regularly carrying weapons in a particular locality; information following
+an incident in which weapons were used about where the weapons might be found
+or in the case of section 60AA previous incidents of crimes being committed while
+wearing face coverings to conceal identity.
+It is for the authorising officer to determine the period of time during which the powers
+mentioned in paragraph 2.1(b) may be exercised. The officer should set the minimum
+period he or she considers necessary to deal with the risk of violence, the carrying of
+knives or offensive weapons, or to find dangerous instruments or weapons that have
+been used. A direction to extend the period authorised under the powers mentioned
+in paragraph 2.1(b) may be given only once. Thereafter further use of the powers
+requires a new authorisation.
+It is for the authorising officer to determine the geographical area in which the use of the
+powers is to be authorised. In doing so the officer may wish to take into account factors
+such as the nature and venue of the anticipated incident or the incident which has
+taken place, the number of people who may be in the immediate area of that incident,
+their access to surrounding areas and the anticipated or actual level of violence. The
+officer should not set a geographical area which is wider than that he or she believes
+necessary for the purpose of preventing anticipated violence, the carrying of knives
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A or offensive weapons, or for finding a dangerous instrument or weapon that has been
+used or, in the case of section 60AA, the prevention of commission of offences. It is
+particularly important to ensure that constables exercising such powers are fully aware
+of the locality within which they may be used. The officer giving the authorisation
+should therefore specify either the streets which form the boundary of the locality or a
+divisional boundary if appropriate, within the force area. If the power is to be used in
+response to a threat or incident that straddles police force areas, an officer from each
+of the forces concerned will need to give an authorisation.
+Not used.
+Recording
+Where a stop and search is conducted by more than one officer the identity of all the
+officers engaged in the search must be recorded on the record. Nothing prevents an
+officer who is present but not directly involved in searching from completing the record
+during the course of the encounter.
+When the search results in the person searched or in charge of a vehicle which is
+searched being arrested, the requirement to make the record of the search as part of
+the person’s custody record does not apply if the person is granted “street bail” after
+arrest (see section 30A of PACE) to attend a police station and is not taken in custody
+to the police station An arrested person’s entitlement to a copy of the search record
+which is made as part of their custody record does not affect their entitlement to a copy
+of their custody record or any other provisions of PACE Code C section 2 (Custody
+records).
+It is important for monitoring purposes to specify when authority is given for exercising
+the stop and search power under section 60 of the Criminal Justice and Public Order
+Act 1994.
+Officers should record the self-defined ethnicity of every person stopped according
+to the categories used in the 2001 census question listed in Annex B. The person
+should be asked to select one of the five main categories representing broad ethnic
+groups and then a more specific cultural background from within this group. The
+ethnic classification should be coded for recording purposes using the coding system
+in Annex B. An additional “Not stated” box is available but should not be offered to
+respondents explicitly. Officers should be aware and explain to members of the public,
+especially where concerns are raised, that this information is required to obtain a
+true picture of stop and search activity and to help improve ethnic monitoring, tackle
+discriminatory practice, and promote effective use of the powers. If the person gives
+what appears to the officer to be an “incorrect” answer (e.g. a person who appears to
+be white states that they are black), the officer should record the response that has
+been given and then record their own perception of the person’s ethnic background by
+using the PNC classification system. If the “Not stated” category is used the reason for
+this must be recorded on the form.
+Arrangements for public scrutiny of records should take account of the right to
+confidentiality of those stopped and searched. Anonymised forms and/or statistics
+generated from records should be the focus of the examinations by members of the
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+public. The groups that are consulted should always include children and young A
+persons.
+Not used.
+In situations where it is not practicable to provide a written copy of the record or
+immediate access to an electronic copy of the record or a receipt of the search at
+the time (see paragraph 4.2A above), the officer should consider giving the person
+details of the station which they may attend for a copy of the record. A receipt may take
+the form of a simple business card which includes sufficient information to locate the
+record should the person ask for copy, for example, the date and place of the search,
+and a reference number or the name of the officer who carried out the search (unless
+paragraph 4.4 applies).
+Not used.
+A Where there are concerns which make it necessary to monitor any local
+disproportionality, forces have discretion to direct officers to record the self-defined
+ethnicity of persons they request to account for themselves in a public place or who
+they detain with a view to searching but do not search. Guidance should be provided
+locally and efforts made to minimise the bureaucracy involved. Records should be
+closely monitored and supervised in line with paragraphs 5.1 to 5.6, and forces can
+suspend or re-instate recording of these encounters as appropriate.
+B A person who is asked to account for themselves should, if they request, be given
+information about how they can report their dissatisfaction about how they have been
+treated.
+Definition of offensive weapon
+‘Offensive weapon’ is defined as “any article made or adapted for use for causing
+injury to the person, or intended by the person having it with him for such use by him
+or by someone else”. There are three categories of offensive weapons: those made for
+causing injury to the person; those adapted for such a purpose; and those not so made
+or adapted, but carried with the intention of causing injury to the person. A firearm,
+as defined by section 57 of the Firearms Act 1968, would fall within the definition of
+offensive weapon if any of the criteria above apply.
+Not used.
+Not used.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A ANNEX A SUMMARY OF MAIN STOP AND SEARCH POWERS TO WHICH CODE A
+APPLIES
+THIS TABLE RELATES TO STOP AND SEARCH POWERS ONLY. INDIVIDUAL
+STATUTES BELOW MAY CONTAIN OTHER POLICE POWERS OF ENTRY, SEARCH
+AND SEIZURE
+POWER OBJECT OF
+SEARCH
+EXTENT OF
+SEARCH
+WHERE
+EXERCISABLE
+Unlawful articles general
+. Public Stores Act
+, s6.
+HM Stores stolen or
+unlawfully obtained.
+Persons, vehicles and
+vessels.
+Anywhere where the
+constabulary powers
+are exercisable.
+. Firearms Act 1968,
+s47
+Firearms Persons and vehicles A public place, or
+anywhere in the
+case of reasonable
+suspicion of offences
+of carrying firearms
+with criminal intent
+or trespassing with
+firearms.
+. Misuse of Drugs
+Act 1971, s23
+Controlled drugs Persons and vehicles. Anywhere.
+. Customs and
+Excise Management
+Act 1979, s163
+Goods:
+(a) on which duty has
+not been paid;
+(b) being unlawfully
+removed, imported
+or exported;
+(c) otherwise liable
+to forfeiture to
+HM Revenue and
+Customs.
+Vehicles and vessels
+only.
+Anywhere.
+. Aviation Security
+Act 1982, s24B.
+Note: This power
+applies throughout the
+UK but the provisions
+of this Code will apply
+only when the power
+is exercised at an
+aerodrome situated in
+England and Wales.
+Stolen articles
+or articles made,
+adapted or intended
+for use in the course
+of/in connection
+with conduct which
+constitutes an offence
+in the part of the UK
+where the aerodrome
+is situated or would so
+do, if it occurred there.
+Persons, vehicles,
+aircraft.
+Anything in or on a
+vehicle or aircraft.
+Any part of an
+aerodrome.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+POWER OBJECT OF
+A
+SEARCH
+EXTENT OF
+SEARCH
+WHERE
+EXERCISABLE
+. Police and Criminal
+Evidence Act 1984, s1.
+Stolen goods;
+Articles made, adapted
+or intended for use
+in the course of or
+in connection with,
+certain offences under
+the Theft Act 1968,
+Fraud Act and Criminal
+Damage Act 1971;
+Offensive weapons,
+Bladed or sharplypointed
+articles (except
+folding pocket knives
+with a blade cutting
+edge not exceeding
+inches);
+Fireworks: Category 4
+(display grade)
+fireworks if possession
+prohibited, Adult
+fireworks in possession
+of a person under 18 in
+a public place.
+Persons and vehicles.
+Persons and vehicles.
+Persons and vehicles.
+Persons and vehicles.
+Where there is public
+access.
+Where there is public
+access.
+Where there is public
+access.
+Where there is public
+access.
+. Sporting events
+(Control of Alcohol etc.)
+Act 1985, s7.
+Intoxicating liquor. Persons, coaches and
+trains.
+Designated sports
+grounds or coaches
+and trains travelling to
+or from a designated
+sporting event.
+. Crossbows Act
+, s4.
+Crossbows or parts
+of crossbows (except
+crossbows with a draw
+weight of less than 1.4
+kilograms).
+Persons and vehicles. Anywhere except
+dwellings.
+. Criminal Justice Act
+s139B.
+Offensive weapons,
+bladed or sharply
+pointed article.
+Persons. School premises.
+Evidence of game and wildlife offences
+. Poaching
+Prevention Act 1862,
+s2.
+Game or poaching
+equipment.
+Persons and vehicles. A public place.
+. Deer Act 1991, s12. Evidence of offences
+under the Act.
+Persons and vehicles. Anywhere except
+dwellings.
+. Conservation of
+Seals Act 1970, s4.
+Seals or hunting
+equipment
+Vehicles only Anywhere.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A
+POWER OBJECT OF
+SEARCH
+EXTENT OF
+SEARCH
+WHERE
+EXERCISABLE
+. Protection of
+Badgers Act 1992, s11.
+Evidence of offences
+under the Act.
+Persons and vehicles. Anywhere.
+. Wildlife and
+Countryside Act 1981,
+s19.
+Evidence of wildlife
+offences.
+Persons and vehicles. Anywhere except
+dwellings.
+Other
+. Paragraphs 6 & 8
+of Schedule 5 to the
+Terrorism Prevention
+and Investigation
+Measures Act 2011.
+Anything that
+contravenes measures
+specified in a TPIM
+notice.
+Persons in respect of
+whom a TPIM notice
+is being served or is in
+force.
+Anywhere.
+. Paragraph 10
+of Schedule 5 to the
+Terrorism Prevention
+and Investigation
+Measures Act 2011.
+Anything that could
+be used to threaten or
+harm any person.
+Persons in respect of
+whom a TPIM notice is
+in force.
+Anywhere.
+. Not used
+. Not used
+. Section 60
+Criminal Justice and
+Public Order Act 1994.
+Offensive weapons or
+dangerous instruments
+to prevent incidents of
+serious violence or to
+deal with the carrying
+of such items or find
+such items which have
+been used in incidents
+of serious violence.
+Persons and vehicles. Anywhere within a
+locality authorised
+under subsection (1).
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+ANNEX B SELF-DEFINED ETHNIC CLASSIFICATION CATEGORIES A
+White W
+A. White – British W1
+B. White – Irish W2
+C. Any other White background W9
+Mixed M
+D. White and Black Caribbean M1
+E. White and Black African M2
+F. White and Asian M3
+G. Any other Mixed Background M9
+Asian/Asian – British A
+H. Asian – Indian A1
+I. Asian – Pakistani A2
+J. Asian – Bangladeshi A3
+K. Any other Asian background A9
+Black/Black – British B
+L. Black – Caribbean B1
+M. Black African B2
+N. Any other Black background B9
+Other O
+O. Chinese 01
+P. Any other 09
+Not Stated NS
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+A ANNEX C SUMMARY OF POWERS OF COMMUNITY SUPPORT OFFICERS TO SEARCH
+AND SEIZE
+The following is a summary of the search and seizure powers that may be exercised by
+a community support officer (CSO) who has been designated with the relevant powers in
+accordance with Part 4 of the Police Reform Act 2002.
+When exercising any of these powers, a CSO must have regard to any relevant provisions of
+this Code, including section 3 governing the conduct of searches and the steps to be taken
+prior to a search.
+. Not used
+. Powers to search requiring the consent of the person and seizure
+A CSO may detain a person using reasonable force where necessary as set out in Part 1 of
+Schedule 4 to the Police Reform Act 2002. If the person has been lawfully detained, the CSO
+may search the person provided that person gives consent to such a search in relation to the
+following:
+Designation Powers
+conferred
+Object of Search Extent of Search Where
+Exercisable
+. Police Reform
+Act 2002,
+Schedule 4,
+paragraphs 7 and
+A.
+(a) Criminal
+Justice and
+Police Act
+, s12(2).
+(b) Confiscation
+of Alcohol
+(Young
+Persons) Act
+, s1
+(c) Children
+and Young
+Persons Act
+, s7(3).
+(a) Alcohol or a
+container for
+alcohol.
+(b) Alcohol.
+(c) Tobacco or
+cigarette
+papers.
+(a) Persons.
+(b) Persons under
+years old.
+(c) Persons under
+years
+old found
+smoking.
+(a) Designated
+public place.
+(b) Public place.
+(c) Public place.
+Codes of practice – Code A Exercise by police of officers statutory powers of stop and search
+. Powers to search not requiring the consent of the person and seizure A
+A CSO may detain a person using reasonable force where necessary as set out in Part 1 of
+Schedule 4 to the Police Reform Act 2002. If the person has been lawfully detained, the CSO
+may search the person without the need for that person’s consent in relation to the following:
+Designation Power conferred Object of Search Extent of Search Where
+Exercisable
+Police Reform Act
+, Schedule 4
+paragraph 2A.,
+Police and
+Criminal Evidence
+Act 1984, s.32.
+(a) Objects that
+might be
+used to cause
+physical injury
+to the person
+or the CSO.
+(b) Items that
+might be
+used to assist
+escape.
+Persons made
+subject to a
+requirement to
+wait.
+Any place where
+the requirement
+to wait has been
+made.
+. Powers to seize without consent
+This power applies when drugs are found in the course of any search mentioned above.
+Designation Power conferred Object of Seizure Where Exercisable
+Police Reform Act
+, Schedule 4,
+paragraph 7B.
+Police Reform Act
+, Schedule 4,
+paragraph 7B.
+Controlled drugs in a
+person’s possession.
+Any place where the
+person is in possession
+of the drug.
+ANNEX D – Deleted.
+ANNEX E – Deleted.
+ANNEX F ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING
+See Code C Annex L
+www.tso.co.uk
+The Code contained in this booklet has been issued by the Home Secretary under the
+Police and Criminal Evidence Act 1984 and has been approved by Parliament.
+Copies of the Codes issued under the Police and Criminal Evidence Act 1984 must
+be readily available in all police stations for consultation by police officers, detained
+people and members of the public.
+CODE A
+Revised
+Code of Practice for the
+exercise by:
+Police Officers of Statutory
+Powers of stop and search
+Police Officers and Police
+Staff of requirements to
+record public encounters
+ACODE A
+Code
+A

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