The powers library09 of 59 Stop and search
Road checks
s.4Police and Criminal Evidence Act 1984
Lets the police stop all vehicles, or vehicles picked by a set criterion, in a specified locality to find out whether a vehicle is carrying an offender, a witness, an intending offender or a person unlawfully at large.
Road checks · Police and Criminal Evidence Act 1984, s.4Card 09 / 59
When you can use it
Say them out loud first. Then tap each one to check.
- s.4(1)Purpose is to find a vehicle carrying an offender, a witness, a person intending to commit an offence, or a person unlawfully at large
- The offence must not be a road traffic offence or a vehicle excise offence
- s.4(3)Written authorisation by a superintendent or above (unless urgent)
- Offender or intending offenderReasonable grounds to believe the offence is (or would be) indictable, and to suspect the person is, or is about to be, in the locality
- WitnessReasonable grounds to believe the offence is indictable (no locality test)
- Unlawfully at largeReasonable grounds to suspect the person is, or is about to be, in the locality
- s.4(5)Any officer below superintendent may authorise it if it appears to be required as a matter of urgency for one of the purposes
Road checks: questions people ask
When can the police use road checks?
1. Purpose is to find a vehicle carrying an offender, a witness, a person intending to commit an offence, or a person unlawfully at large 2. The offence must not be a road traffic offence or a vehicle excise offence 3. Written authorisation by a superintendent or above (unless urgent) 4. Reasonable grounds to believe the offence is (or would be) indictable, and to suspect the person is, or is about to be, in the locality 5. Reasonable grounds to believe the offence is indictable (no locality test) 6. Reasonable grounds to suspect the person is, or is about to be, in the locality 7. Any officer below superintendent may authorise it if it appears to be required as a matter of urgency for one of the purposes
Who can use road checks?
A superintendent or above (authorisation), or a lower rank if urgent.
What law gives the power for road checks?
Police and Criminal Evidence Act 1984, s.4.
More stop and search powers
- Stop and search safeguardsPolice and Criminal Evidence Act 1984, ss.2–3
- Search for controlled drugsMisuse of Drugs Act 1971, s.23
- Stop and search without suspicion in anticipation of serious violenceCriminal Justice and Public Order Act 1994, s.60
- Removal of face coveringsCriminal Justice and Public Order Act 1994, s.60AA
- Firearms stop and searchFirearms Act 1968, s.47
- Terrorism stop and search (reasonable suspicion)Terrorism Act 2000, ss.43–43A
- Stop and search without suspicion in a specified area or place (terrorism authorisation)Terrorism Act 2000, s.47A
- Entry and search of school premises for weaponsCriminal Justice Act 1988, s.139B