447 - (FREE) Stop And Search/ Part 1: Introduction, definitions and procedures
Personal experiences and viewpoints on the use of these powers and their potential for conflict.
Copyright © 2023 by Jeth Randolph
All Rights Reserved.
Third-party information and viewpoints do not represent my own views or work.
No part of this work may be reproduced or reprinted without permission in writing from the author.
INTRO
The following is the first part of a series of articles that look at stop and search from various viewpoints.
For the benefit of readers outside of the UK, I’ll share the following official descriptions from government sources so that the way this is actioned can be understood.
I’ll talk about why this is relevant to the subject matter of this Journal later on before moving on to the reader submissions of different individuals in follow-up posts.
Stop and search as defined by the UK Government website:
“Main facts and figures
in the year ending 31 March 2022, there were 516,684 stop and searches in England and Wales (not including vehicle searches)
ethnicity was not known or recorded for 103,221 (20.0%) of them
there were 8.7 stop and searches for every 1,000 people – down from 24.8 per 1,000 people in the year ending March 2010
there were 27.2 stop and searches for every 1,000 black people, compared with 5.6 for every 1,000 white people
about 40% of all stop and searches took place in the Metropolitan Police force area in London
there were 31.9 stop and searches for every 1,000 people in Merseyside – the highest rate out of all police force areas
London had the highest stop and search rates for the black and Asian ethnic group, and Merseyside had the highest rates for the white, mixed and ‘other’ ethnic groups”
Source: https://www.ethnicity-facts-figures.service.gov.uk/crime-justice-and-the-law/policing/stop-and-search/latest#main-facts-and-figures
“The police can stop and question you at any time - they can search you depending on the situation.
A police community support officer (PCSO) must be in uniform when they stop and question you. A police officer doesn’t always have to be in uniform but if they’re not wearing uniform they must show you their warrant card.
Stop and question: police powers
A police officer might stop you and ask:
what your name is
what you’re doing in the area
where you’re going
You don’t have to stop or answer any questions. If you don’t and there’s no other reason to suspect you, then this alone can’t be used as a reason to search or arrest you.
Stop and search: police powers
A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying:
illegal drugs
a weapon
stolen property
something which could be used to commit a crime, such as a crowbar
You can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer. This can happen if it is suspected that:
serious violence could take place
you’re carrying a weapon or have used one
you’re in a specific location or area
Before you’re searched
Before you’re searched the police officer must tell you:
their name and police station
what they expect to find, for example drugs
the reason they want to search you, for example if it looks like you’re hiding something
why they are legally allowed to search you
that you can have a record of the search and if this isn’t possible at the time, how you can get a copy
Removing clothing: police powers
A police officer can ask you to take off your coat, jacket or gloves.
The police might ask you to take off other clothes and anything you’re wearing for religious reasons - for example a veil or turban. If they do, they must take you somewhere out of public view.
If the officer wants to remove more than a jacket and gloves they must be the same sex as you.
Being searched doesn’t mean you’re being arrested.”
Source: https://www.gov.uk/police-powers-to-stop-and-search-your-rights
From the Metropolitan Police Service (MPS):
Area covered by the MPS: https://www.police.uk/pu/your-area/metropolitan-police-service/
The following are useful quotes and explanations:
“What are we looking for?
Stop and search is never used lightly and police officers will only exercise their legal right to stop members of the public and search them when they genuinely suspect that doing so will further their investigations into criminal activity – whether that means looking for weapons, drugs or stolen property.
Section 60 of the Criminal Justice and Public Order Act 1994 is different to normal stop and search as it gives police the right to search people without reasonable grounds. This can only happen in a defined area at a specific time when a senior officer believes there is a possibility of serious violence, or weapons are involved.”
Source: https://www.met.police.uk/advice/advice-and-information/st-s/stop-and-search/
“Effective stop and searches
We believe a stop and search is most likely to be fair and effective when:
the search is justified, lawful and stands up to public scrutiny
the officer has genuine and objectively reasonable suspicion they will find a prohibited article or item for use in crime
the person understands why they have been searched and feels they have been treated with respect
the search was necessary and was the most proportionate method the police officer could use to establish whether the person has such an item
It's important to measure the impact stop and search has on communities and individuals. We do this through both community engagement, scrutiny and community accountability; we also publish stop and search data every month.”
Source: https://www.met.police.uk/advice/advice-and-information/st-s/stop-and-search/how-we-use-stop-and-search/
“What are your rights?
Here are the main rights that protect you:
the officers searching you must use the stop and search powers fairly, responsibly and with respect for people without discriminating
if English is not your first language, and you do not understand why you have been stopped, reasonable steps must be taken to provide you with information in your own language
the officer must keep the search time to the minimum amount of time they need to carry out the search
the search must take place near where you are stopped, except in instances where moving you would protect your privacy
the officer does not have the power to detain you in order to find grounds for a search
What are your responsibilities?
Everyone has a civic duty to help police officers prevent crime and catch offenders. The fact that the police may have stopped someone does not mean they are guilty of an offence.
Apart from the inconvenience, people may feel irritated that they’ve been stopped when they haven’t done anything wrong – that’s completely understandable. However, the stop or stop and search will be much quicker if a person cooperates with police officers.
Remember that the stop or stop and search must be carried out according to strict rules – the police have the responsibility to ensure that people’s rights are protected.
How should you react?
Be patient
The police are aware that being searched is an inconvenience and that you’re probably in a hurry to get where you're going. They should make the search as brief as possible. But in the interest of public safety they must also be thorough.
Be calm
remember, you're not under arrest
don't refuse to be stopped and/or searched
the process is not voluntary – the law gives police the authority to stop and search
officers do not need your permission to go through your belongings. If you refuse, you can be searched using reasonable force
don’t be afraid to speak to the officer if you think your rights are being infringed
It's criminals we're after
Being stopped doesn't mean you're under arrest or have done anything wrong. A police officer must have a good reason for stopping and/or searching you and they are required to tell you what that reason is.
In some cases, people are stopped as part of a wide-ranging effort to catch criminals in a targeted public place. These powers fall under the Criminal Justice and Public Order Act 1994, section 60. The officer should explain this to you and must be searching for items to be used in connection with violence.
You should not be stopped just because of your age, race, ethnic background, nationality, faith, the language you speak or because you have committed a crime in the past.
The police can stop or stop and search you or a vehicle:
If they think you're carrying stolen goods, weapons, drugs, articles to commit criminal damage and theft or evidence relating to certain crimes.
If it's believed there will be serious violence, or weapons are in the vicinity and a section 60 authority is in place.
As part of anti-terrorism measures.”
Source: https://www.met.police.uk/advice/advice-and-information/st-s/stop-and-search/your-rights-and-responsibilities/
“The stop and search process
A police officer or a police community support officer (PCSO) in uniform can stop you but only police officers can search you. A police officer does not have to be in uniform but they must show you their warrant (ID) card. They can search you, anything you are carrying and a vehicle.
What will happen
What you should be told
The police officer or police community support officer must explain why you're being stopped and why you're being asked to account for your actions or presence in an area.
In almost all cases, you should be offered a record of the stop and search at the time it happens.
The police use these powers to help make the local community safer by preventing and detecting crime. Naturally, public cooperation is an essential part of that.
Where you can be searched
Stop and search most often happens in public places. However, there are some powers, such as searching for firearms or drugs, which allow police to search people anywhere.
If you're in a public place, you may be required to remove your coat or jacket and your gloves, unless you've been stopped in relation to terrorism or where the officer believes you are using clothes to hide your identity.
If the officer asks you to take off more than this, or anything you wear for religious reasons, such as a face scarf, veil or turban, they must take you somewhere out of public view. This doesn’t mean you’re being arrested.
What to expect from the officer stopping or searching you
The officer must be polite and respectful at all times. We are committed to continuously improving standards around the delivery of service to our communities.
We're aware that the process may take a little time but it should be handled quickly and professionally. The police officer may ask a few questions and then, if they consider it necessary, will search you.
The search is not voluntary. If you don’t cooperate the officer can use reasonable force to conduct the search.
If the officer has a body worn video camera they'll record the encounter unless it's considered no longer necessary or proportionate.
If you're in a vehicle
A police officer can legally stop any vehicle at any time and ask to see driving documents, check the condition of the vehicle or deal with driving offences. This is not a stop and search and you may be given documentation relevant to road traffic matters. If the entire process ends there, this is considered a ‘vehicle stop'.
If a police officer then searches the vehicle or persons in it, this is a stop and search.
Information you'll receive during a stop and search
The police officer who stops and searches you must provide you with certain information including:
that you're being detained for the purpose of a search
why you've been stopped and searched
why they chose you
what they're looking for
their name and the station where they’re based (unless the search is in relation to suspected terrorist activity or giving his or her name may place the officer in danger).
they must show their warrant card if not in uniform
the law under which you've been stopped
your right to a copy of the form
The information you'll be asked for
The police officer will ask for your:
name and address
date of birth
self-defined ethnicity
You don't have to give this information if you don't want to; unless the police officer says they're reporting you for an offence.
What you'll be given
You should be offered one of the following:
a written record of the stop and search
a receipt at the time of the event
you may be told where to collect the record later. You can collect from any Met police station for up to three months after you were searched
you can have a copy of the search record emailed to you
If you wish to complain either about being stopped or searched or the way it was carried out, this record/receipt will help identify the circumstances.
The search record must contain the following information:
the officer's details
date, time, and place of the stop and search
reason for the stop and search
outcome of the stop and search
your self-defined ethnicity
vehicle registration number (if relevant)
what the officer was looking for and anything they found
your name or a description if you refuse to give your name
Exceptions
You've not been subject to a stop and search if, for example:
you're searched as a condition of entry to premises or an event
you're searched following an arrest
you're searched in premises that are being searched under a warrant from a court
you stop an officer to ask for directions or information
you've witnessed a crime and are questioned about it to establish the background to the incident
you've been in an area where a crime recently occurred and are questioned about what you might have seen
In cases like these, a stop and search record will not be made and you'll not be given a receipt.”
Source: https://www.met.police.uk/advice/advice-and-information/st-s/stop-and-search/stop-and-search-process/
What has this got to do with “the protection of the self”?
My sole area of study is the complete exploration of survival fighting / personal safety… self-defence, - for an average person.
A member of the public.
This doesn’t just mean physical assault, it also means a threat to your continued quality of life, which to me personally means my longevity, my autonomy, and finally my honour as I have previously written about in (Self Defence: Volume two)
Also, the UK does not allow any kind of defensive weapon to be carried by members of the public.
Please refer to the books Blunt Weapon Tactics and, specifically for women: Self-defence: volume one for more on this subject.
Each person will be different and this is where the issues start in terms of the subject we are discussing as what may be acceptable to some is not so to others and this can and does lead to some very negative situations.
Situational reality
We, humble members of the public, inhabit a small strip of territory between what some view as an “underworld” and how some others view themselves (not all by the way) - a “thin blue line”.
Our privilege to exist within this area can be jeopardised easily by forgetting the big picture of the very finite limits to our place in the scheme of things.
I deliberately use the word scheme here to allow the reader the liberty to use either the positive or negative connotations of that word.
Feeling safe vs civil liberties
The huge rise in knife crime and knife culture has increased the urge from some to endorse stop and search as a way of combating this threat that especially affects young men.
Others see it as a direct threat to personal freedom which fails to tackle the causes of violent crime. These are just two of a wide range of views about this issue.
The actioning of these powers on members of the public can also create flashpoints with the potential for conflict, potential for physical harm to all parties, and other far-reaching ramifications.
Three viewpoints
The subsequent parts of this series will be the views of three individuals who will be approaching this subject from different angles of experience and very different and ultimately, subjective viewpoints.
This is not a complete coverage of this issue but rather presented as merely things to consider for us as individuals.
There are no solutions, suggestions, endorsements, or critiques that I wish to put forward other than the situation of being stopped and searched in the street, (which can be a highly stressful situation, not just an “inconvenience” as it is put across as in the MPS quote above) it’s potential for conflict and also, the sharing of these viewpoints and as such, I’m sure it will be almost guaranteed to piss off someone along the way.
To be continued in part 2.
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