The powers library04 of 59 Stop and search
Stop and search without suspicion in anticipation of serious violence
s.60Criminal Justice and Public Order Act 1994
Once an inspector or above has authorised it for a locality, a uniformed constable may stop and search people and vehicles there for weapons without any grounds for suspicion.
Stop and search without suspicion in anticipation of serious violence · Criminal Justice and Public Order Act 1994, s.60Card 04 / 59
When you can use it
Say them out loud first. Then tap each one to check.
- s.60(1)An inspector or above reasonably believes one of the grounds below, in a locality in their police area
- s.60(1)(a)Incidents involving serious violence may take place, and an authorisation is expedient to prevent them
- s.60(1)(aa)An incident involving serious violence has taken place in the area, a weapon used in it is being carried in the locality, and an authorisation is expedient to find it
- s.60(1)(b)People are carrying dangerous instruments or offensive weapons in the locality without good reason
- s.60(9)Authorisation in writing, signed, stating the grounds, locality and period (oral allowed for (1)(aa) if writing is not practicable, then written up)
- Period of no more than 24 hours, and the search is within the authorised locality and period
- The officer searching is a constable in uniform
Stop and search without suspicion in anticipation of serious violence: questions people ask
When can the police use stop and search without suspicion in anticipation of serious violence?
1. An inspector or above reasonably believes one of the grounds below, in a locality in their police area 2. Incidents involving serious violence may take place, and an authorisation is expedient to prevent them 3. An incident involving serious violence has taken place in the area, a weapon used in it is being carried in the locality, and an authorisation is expedient to find it 4. People are carrying dangerous instruments or offensive weapons in the locality without good reason 5. Authorisation in writing, signed, stating the grounds, locality and period (oral allowed for (1)(aa) if writing is not practicable, then written up) 6. Period of no more than 24 hours, and the search is within the authorised locality and period 7. The officer searching is a constable in uniform
Who can use stop and search without suspicion in anticipation of serious violence?
A constable in uniform (inspector or above authorises)
What law gives the power for stop and search without suspicion in anticipation of serious violence?
Criminal Justice and Public Order Act 1994, s.60.
More stop and search powers
- Stop and search for stolen or prohibited articlesPolice and Criminal Evidence Act 1984, s.1
- Stop and search safeguardsPolice and Criminal Evidence Act 1984, ss.2–3
- Search for controlled drugsMisuse of Drugs Act 1971, s.23
- 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
- Road checksPolice and Criminal Evidence Act 1984, s.4