The powers library02 of 59 Stop and search

Stop and search safeguards

ss.2–3Police and Criminal Evidence Act 1984

The steps an officer must take before, during and after any search of a person or vehicle without arrest, from giving the GO WISELY information to making a record and offering a copy.

Stop and search safeguards · Police and Criminal Evidence Act 1984, ss.2–3Card 02 / 59

When you can use it

Applies to s.1 and any other power to search a person or vehicle without arrest (not PACE s.6 or Aviation Security Act 1982 s.27(2))
s.2(2)Before starting, take reasonable steps to give the information to the person, or the person in charge of the vehicle
s.2(2)(i)If not in uniform, show documentary evidence of being a constable (warrant card)
s.2(3)Give your name and station, the object of the search, your grounds, and their right to a copy of the record
Code A 3.8Also tell them they are detained for a search and which legal power is being used
The search must not begin until this duty has been carried out
s.2(1)If the need to search goes, or a search is impracticable, you need not search

What it allows

Detain the person or vehicle only for as long as reasonably needed to search at or near the place first detained (s.2(8); Code A 3.4).
In public, require removal of an outer coat, jacket or gloves only (s.2(9)(a)), apart from face coverings under s.60AA CJPOA 1994. Otherwise search outer clothing superficially, including pockets, collars, socks, shoes and hair if needed (Code A 3.5).
A more thorough search goes out of public view. Removing more than an outer coat, jacket, gloves, headgear, footwear or identity-concealing item needs an officer of the same sex (Code A 3.6). Intimate exposure only at a nearby station or other nearby place out of public view, never a police vehicle (Code A 3.7).

Key definitions

GO WISELY – memory aid for Code A 3.8: Grounds, Object, Warrant card (if not in uniform), Identity of officer, Station, Entitlement to a copy of the record, Legal power, You are detained for a search.
Appropriate person – s.2(5): the person to be searched or, for a vehicle, the person in charge of it.
Grounds – Code A 3.8(d): information, intelligence or specific behaviour. For s.60, explain the authorisation instead.
Identity – Code A 3.8(b): a warrant number may replace the name in national security cases or where naming might endanger the officer.

Safeguards

Record – s.3; Code A 4.1: on the spot, or as soon as practicable. After arrest and transfer to a station, it goes in the custody record (Code A 4.2B).
Contents – s.3(6); Code A 4.3: self-defined ethnicity (and perceived, if different), date, time, place, object, grounds and officer identity. Don’t ask for name, address or date of birth for it (Code A 4.3A).
Copy – Code A 4.2: ask if they want a copy, then give a copy or receipt. They may ask within 3 months (s.3(7)–(9)).
Unattended vehicle – s.2(6)–(7); Code A 4.8–4.10: leave a notice inside giving the station, compensation route and how to get a copy.

Good to know

Missing a s.2 step makes the search unlawful, so the officer is not acting in the execution of duty (Osman v DPP 1999).
Exam trap: s.3 excuses a record if “not practicable”, but Code A 4.1 is stricter – only exceptional circumstances making it wholly impracticable.
Consent is no substitute for a power (Code A 1.5).

Legislation: Police and Criminal Evidence Act 1984, ss.2–3 (opens legislation.gov.uk in a new tab)
Who can use it: A constable
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Stop and search safeguards: questions people ask

When can the police use stop and search safeguards?

1. Applies to s.1 and any other power to search a person or vehicle without arrest (not PACE s.6 or Aviation Security Act 1982 s.27(2)) 2. Before starting, take reasonable steps to give the information to the person, or the person in charge of the vehicle 3. If not in uniform, show documentary evidence of being a constable (warrant card) 4. Give your name and station, the object of the search, your grounds, and their right to a copy of the record 5. Also tell them they are detained for a search and which legal power is being used 6. The search must not begin until this duty has been carried out 7. If the need to search goes, or a search is impracticable, you need not search

Who can use stop and search safeguards?

A constable.

What law gives the power for stop and search safeguards?

Police and Criminal Evidence Act 1984, ss.2–3.

More stop and search powers

All stop and search powers