Cambridgeshire Constabulary
Ethics Playing Cards
Copyright © 2025 Compass Ethics
8
Why are Stop and Search Powers so controversial?
Case Studies
- What counts as reasonable grounds as a basis for a search?
- While policing a peaceful demonstration, you wish to search a turban for a potential offensive weapon. What factors must you consider?
- How can you ensure objectivity regarding charging decisions?
- What should you do if during a search members of the public start filming?
Discussion
Stop and Search Powers are often criticised as falling disproportionately on certain sectors of the community. Suspicion-less stop and search have added to the controversy. These powers have been extended under Section 11 of the Public Order Act 2023 to give police additional powers under certain circumstances relating to a reasonable belief of wilful obstruction of the highway, intentional/reckless public nuisance, locking-on, obstructing major transport works or national infrastructure/tunnels. Many people see these new powers as a direct challenge to the British Public’s right to peacefully protest.
The police can stop and question a member of the public at any time - they may also search someone depending on the situation. A police community support officer (PCSO) must be in uniform when they stop and question a citizen. A police officer does not always have to be in uniform but if they’re not wearing uniform they must show their warrant card.
Stop and search: Police Powers
The police can stop and question a member of the public at any time - they may also search someone depending on the situation. A police community support officer (PCSO) must be in uniform when they stop and question a citizen. A police officer does not always have to be in uniform but if they’re not wearing uniform they must show their warrant card.
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 (Section 60). This can happen if it’s 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 are 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’re legally allowed to search you
- That you can have a record of the search and if this is not 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.
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.
Things to take into account:
- An officer must genuinely suspect that they will find the item they are searching for, and that should not be based simply on a % guess – it must be objectively reasonable based on the information available.
- Be aware of conscious and unconscious bias
- Public perception
- Structural issue – what if all the gangs are in this neighbourhood? How do you make a distinction between demographic of area and unconscious bias?
- Fairness and impartiality must be considered at all times
- Reasonable grounds – considerations of this are likely to vary between officers, hence the need to apply the reasonableness test.
- Understand the correlation between those who are more likely to be stopped and searched and then possibly convicted, and how that can create false signposts for you to continue what may be seen as profiling (i.e. Black people make up 12% of prison populations but only 4% of UK demographics, but may be 4-5 times more likely to be stopped and searched and are more likely to receive longer criminal punishments than White counterparts.)
Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.