What are UK police laws on stop and search and what are my rights?

I see alot of videos on tiktok that cover basic human rights being ignored from “filming in public” (not an issue is most circumstances), to people being denied toilet breaks and work, and illeagl shift patterns.

Whilst we are not lawyers, it’s important you are aware of what is legal or not.

Stop and search is a power given to police officers in the United Kingdom to stop, search and detain individuals if they have reasonable grounds to suspect that they are carrying illegal drugs, weapons, or stolen property. However, this power is not unlimited, and police officers must follow specific guidelines set by the law to ensure that stop and searches are conducted fairly, proportionately and without discrimination. In this article, we’ll take a look at what the UK police laws on stop and search are and what rights you have if you’re stopped and searched.

UK Police Laws on Stop and Search

The Police and Criminal Evidence Act (PACE) of 1984 sets out the legal framework for stop and search in the UK. Under this act, police officers must have reasonable grounds for suspicion in order to carry out a stop and search. This means that the officer must have specific facts or information that would lead a reasonable person to believe that the individual is carrying illegal items.

There are several types of stop and search, including a standard stop and search, a stop and search under Section 60 of the Criminal Justice and Public Order Act 1994, and a stop and search under a section of the Terrorism Act 2000. The type of stop and search that takes place will determine the level of suspicion that the police officer needs to have, and the extent of the search that can be conducted.

Your Rights When Stopped and Searched

If you are stopped and searched, you have several rights that must be respected by the police officer. These include:

The right to know why you have been stopped and searched: The police officer must explain the reason for the stop and search and what they are looking for.
The right to a copy of the search record: You have the right to ask for a copy of the record of the stop and search, which will include the reason for the search, the items that were searched, and any items that were seized.
The right to a private search: You have the right to request a search to be conducted in private, and the police must comply with this request unless they believe it would cause serious harm or prevent them from finding evidence.
The right to a witness: You have the right to have a witness present during the search if you so wish.
The right to complain: If you feel that your rights have been violated during a stop and search, you have the right to make a complaint to the police.

In conclusion, stop and search is an important power for the police to have in order to tackle crime, but it must be exercised in a fair and proportionate manner. If you are stopped and searched, it’s essential that you know your rights, so that you can ensure that the police are following the law and that your rights are being respected.

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