Stop and Search Policy (PS 156)

1.0 POLICY OUTLINE

Nottinghamshire Police is committed to delivering an outstanding service by
fighting crime, protecting vulnerable people and making our communities feel
safe and listened to. We do this with pride and will use stop and search with
compassion and integrity as one of many options to meet this commitment.
Every single person working in Nottinghamshire Police has a role to play in
delivering this vision including the use and management of policing powers.

This document outlines Nottinghamshire Polices’ policy for stop and search and
provides guidance for the management and use of these powers.

Powers to stop and search must be used fairly, responsibly, with respect for
people being searched and without unlawful discrimination. Under the Equality
Act 2010 section 149, when police officers are carrying out their functions, they
also have a duty to have due regard of the need to eliminate unlawful
discrimination, harassment and victimisation, to advance equality of
opportunity between people who share a relevant protected characteristic and
people who do not share it, and to take steps to foster good relations between
those persons.

How we apply our powers and conduct ourselves will be carried out with
transparency and open to public scrutiny.

The policy meets the requirements of Police and Criminal Evidence Act (PACE)
and the College of Policing Authorised Professional Practice (APP). It also
incorporates the Best Use of Stop and Search Scheme (BUSS).

2.0 IMPLICATIONS OF THE POLICY

Inappropriate use of stop and search has negative consequences to individuals
and communities.

Nottinghamshire Police is committed to ensuring that stop and search is
delivered fairly and to preventing the most serious harm occurring.

Irrespective of any underlying reasons, disproportionate use of stop and search
against particular social groups may increase their perception that they are
being targeted unfairly. This will have an adverse effect on the establishment of
a police service that is representative of the people it serves. We will work in
line with the Race Action Plan and also monitor data along with Independent
Public Scrutiny Panels to explain and reform our practices.

Nottinghamshire Police has produced this policy in accordance with the
principles outlined in the Human Rights Act 1998 and the Equality Act 2010.

2.1 National Best Use of Stop and Search Scheme (BUSS)

Nottinghamshire Police subscribes to the BUSS with its principle aim being to
achieve greater transparency, community involvement in the use of stop and
search powers and to support a more intelligence-led approach, leading to
better outcomes and community trust and confidence. The features of the
scheme are:

• Data Recording – Nottinghamshire Police record a broader range of
  outcomes in line with the minimum data requirements required from
  the Home Office. This data is published on Police.uk, a link to which
  is published on our forces’ website
• Lay Observation Policy – Nottinghamshire Police welcomes
  transparency and scrutiny and
• operates the Public Observation Scheme (formally Ride Along)
  Policy which provides the opportunity for members of our community
  to accompany police officers on patrol observing their duties and
  potentially during the course of those operational duties the use of
  stop and search.
• Support the Independent Community Scrutiny Panel (ICSP) which is
  overseen and administered by the Office of the Police and Crime Commissioner (OPCC) to provide independence. The ICSP meets
  quarterly and is responsible for selecting for itself those stop and
  searches it wishes to review and will have available to it the
  accompanying body worn video used by the searching officer to
  record the encounter.
• Stop and search complaints community trigger – Nottinghamshire
  Police Professional Standards Directorate monitors patterns of stop
  and search complaints and where patterns are identified notifies
  relevant supervision for further analysis, community impact
  considerations and management.
• Reducing section 60 no-suspicion stop and searches - Pre-planned
  s.60 requires the authority of a superintendent or above, though a
  spontaneous incident can still be approved by an inspector but
  requires the duty superintendents’ ratification as soon as practicable
• We acknowledge that BUSS identifies the rank authorising to be of
  Assistant Chief Constable or above but assessment identified that
  the duty/area superintendent retains strong community links, to
  support any implementation and ongoing management/cohesion
  issues resulting from such authority. This decision also aligns
  Nottinghamshire Police with National legislation. Chief Officer
  Resource Pack for use when considering s.60s.60AA applications

Further guidance around the scheme can be accessed via the following link;
https://www.gov.uk/government/publications/best-use-of-stop-and-searchscheme

3.0 GROUNDS - AVOIDING DISCRIMINATION

3.1 What are reasonable grounds to search a person?

• You must have reasonable suspicion that you WILL find the object
  which the legal power you are using empowers you to search for
• This suspicion MUST be reasonable with an objective basis based
  upon fact, the person’s behaviour, information or intelligence
• Would a reasonable person conclude that the search was JUSTIFIED?

3.2 What is suspicious? People are not suspicious their behaviour is

Record both your suspicions and belief when writing the grounds for your
search. If you cannot do this, then you do not have the authority to search the
individual. In formulating your grounds consider:

• Evasive to questions - What questions did you ask? E.g. evasive to
  questioning about where they had just come from or why they were
  there
• Appeared nervous - Expand to include specific actions or behaviour
  e.g. avoids police, sweating, muscles tensed, pacing, refuses to cooperate, repeats question before answering etc.
• Fitted description of a suspect for a recent crime - Include a
  summary of the description and where the description has come from
  e.g. white man, 18 years, blue hoodie. How did the individual match this
  description? What crime had been committed in the area and at what
  time?
• Acting suspiciously - What exactly were they doing that caused you
  to suspect they were committing or about to commit an offence? E.g. up
  and down driveways, trying car door handles
• Smell of drugs - You MUST be able to link this smell to the person,
  what causes you to suspect they have drugs on them? The smell of
  drugs alone is not sufficient grounds

The Equality Act 2010 makes it unlawful for police officers to discriminate
against, harass or victimise any person on the grounds of age, disability,
gender reassignment, race, religion or belief, sex, sexual orientation,
marriage or civil partnership, pregnancy or maternity in the discharge of
their powers. When police forces are carrying out their functions, they also have
a duty to eliminate unlawful discrimination, harassment and victimisation, to
advance equality of opportunity and to foster good relations.

The intrusion on the liberty of the person stopped or searched must be as
limited as possible and detention for the purposes of a search must take place
at or near the location of the stop and last only as long as absolutely
necessary.

Racial or religious profiling is the use of racial, ethnic, religious or other
stereotypes and protected characteristic (i.e. age, race, religion), rather than
individual behaviour or specific intelligence, as a basis for making operational or
investigative decisions about who may be involved in criminal activity. This is
unlawful and MUST not form the basis of any search. Such profiling will affect
the trust and confidence that communities have in Nottinghamshire Police.

A person’s appearance or ethnic background will sometimes form part of a
potential suspects description, but a decision to search a person in this way
should be made only if such a description is available.

Where there is evidence or suspicion of an officer exercising their powers in a
discriminatory manner, a report will be submitted to the PSD via email, the
anonymous integrity messenger or anonymous reporting hotlines.

Nottinghamshire Police is committed to supporting the national Race Action
Plan introducing learning and development sessions including the Respect for All Programme, No Bystander, and Black History further educating officers and
staff to recognise the potential for bias to affect operational decisions and
actions.

4.0 RISK ASSESSMENTS/ HEALTH AND SAFETY CONSIDERATIONS

Officers will undertake a dynamic risk assessment based on their assessment of
variable environment and subject factors each time a stop search is considered.
Communication style has the potential to aggravate or diffuse a situation and
establishing the co-operation of the person to be searched remains a primary
objective. It is not possible to compile a comprehensive risk assessment to
cover all potential scenarios but officers should, as a minimum, consider the
nature of suspected stolen or concealed property, the potential for violence, the
presence of concealed weapons, needles or sharps and should be aware of
HIV, hepatitis or other communicable disease risks, reference can be made to
the General Policing Risk Assessment. Searches should be conducted in
accordance with training, gloves should always be worn. It is a high-risk activity
and officers will need to be vigilant at all times. The subject may become violent
with little warning. Consider the location at which the search is to be conducted
and the risk of isolation.

5.0 PROCEDURE

The primary purpose of stop and search powers is to enable officers to
allay or confirm suspicions about individuals without exercising their
power of arrest.

Stop and search powers should only be used when there is no justification for
arrest. If there are grounds and necessity to arrest regardless of the
outcome of the stop and search then stop and search should not be
used.

All officers carrying out stop and search activity will be clear on their statutory
powers of stop search and the legal obligations placed upon them regarding
their own conduct and information required to be provided to members of the
public prior to using these powers.

All officers carrying out stop and search activity should use the National
Decision Making Model (NDM), this will include checking the origin and
accuracy of any information which is to form the grounds of a search taking
place. Grounds for search must stand up to scrutiny from the public. A single piece of information is unlikely to do this, for example the smell of cannabis
alone should not form grounds for a search.

Flow charts and guides for various circumstances are listed in the appendices.

5.1 College of Policing Authorised Professional Practice (APP)

This policy is written in accordance with the College of Policing APP for stop
and search which was published in September 2016. It contains additional
guidance of BUSS, together with other tools to assist front-line officers and
managers with the use of stop and search powers.

The APP can be accessed via the following link;

https://www.app.college.police.uk/app-content/stop-and-search/?s

5.2 Statutory (Standard) Search Powers under Police and Criminal Evidence Act 1984

The general power for police to stop and search people, vehicles and vessels
comes from Police and Criminal Evidence Act 1984. Powers to search under
PACE and by most other statutes must be carried out in accordance with Code
A of the codes of practice.

The stop and search process must be carried out with thought, compassion,
courtesy, respect and integrity. Individuals who understand the reason for
being stopped and searched are more likely to have a positive experience of the
encounter. This has a significant impact on public confidence in the police.

Although there are no age restrictions on conducting searches, additional
consideration must be made when searching children, the elderly, persons with
neurodiversities such as autism, vulnerable and disabled persons, and people
who are wearing clothes which denote their religion. Consideration can include
the location of search, having an appropriate adult or friend present. Particular
sensitivity must also be taken when handling religious articles such religious
texts or other articles synonymous with following a particular religion. The
impact of searching in these circumstances may leave a lasting impression on
the public as well as the individuals themselves, therefore the necessity of the
search must be fully considered.

Nottinghamshire Police acknowledges that the use of stop and search is
intrusive by its very nature, therefore the following principles must be applied to
all interactions where stop and search powers are used:

• An officer must have a legal power to carry out a search, see
  Appendix A;
• An officer must always ensure that the action taken is
  • Necessary
  • Proportionate and
  • Justifiable
    
    
• The co-operation of the person to be searched must be sought in
  every case even if the person initially objects to the search.
  Consider the use of the Five-step appeal & LEAPS
• Reasonable force may be used as a last resort, compliant
  handcuffing should not be routine. If force is necessary to conduct a
  search or to detain a person or vehicle for the purpose of a search a
  use of force form must be submitted
• The officer must explain;
  • Grounds for search
  • Object and purpose of search
  • Warrant card (if not in uniform or requested)
  • Identity of officer
  • Station to which the officer is attached
  • Entitlement to a copy of the search record
  • Legal power used
  • You are being detained for the purposes of a search
    
    
• All Stop and Search except for some exceptions (see Body
  Worn Video Policy sections 4.3.3.4 Sensitivities connected with
  individuals / communities and 5.2 Strip / Intimate searches) will
  be recorded on body worn video and downloaded onto DEMS
  prior to finishing a tour of duty. If the search is not evidential it
  will only be retained for 31 days
  
  
• A search record will be completed on NAPPS at the time of the
  search, unless the officer is called away to attend a higher
  priority / immediate incident
  
  
• Plain-clothed officers are to follow the following guidance if asked by
  the public to verify their identification;
  • Present their warrant card
  • To have in their possession and be logged onto their
    personal airwave set and request the control room via this to;
    • Identify their collar number
    • Confirm the details on the warrant card
    • Provide information of their present location according
      to command and control
  • Inform the force control room of the lack of state 12 if there is
    any confidential information
  • Have an incident number generated which is to be shared
    with the member of the public for them to use for future
    corroboration
  • Have the force control room consider deploying a uniformed
    resource if applicable and will not frustrate the wider policing
    operation
  • Complete the stop search record as normal

The length of time a person or vehicle may be detained must be only for as long
as necessary. The search must be carried out at or near the place where the
person or vehicle was first stopped. A person or vehicle may be detained under
the stop and search powers at a place other than where the person or vehicle
was first stopped, only if that place, be it a police station or elsewhere, is nearby. Such a place should be located within a reasonable travelling distance
using whatever mode of travel (on foot or by vehicle) is appropriate. 

5.3 Search beyond JOG (Jacket, Outer Coat, Gloves)

Where on reasonable grounds it is considered necessary to conduct a more
thorough search (e.g. by requiring a person to take off a T-shirt), this must be
done out of public view, for example, in a police van, if intimate parts are
exposed (a strip search) see paragraph below. Searches must, where possible,
be conducted by officers of the same sex to the detained person. Any search
involving the removal of more than an outer coat, jacket, gloves, headgear or
footwear, or any other item concealing identity, may only be made by an officer
of the same sex as the person searched and may not be made in the presence
of anyone of the opposite sex unless the person being searched specifically
requests it.

Searches involving exposure of intimate parts of the body, a strip search, must
not be conducted as a routine extension of a less thorough search, simply
because nothing is found in the course of the initial search. Searches involving
exposure of intimate parts of the body (See Adult Strip Search Flowchart and
Searching of Juveniles) may be carried out only at a nearby police station or
other nearby location which is out of public view (but not a police vehicle).
These searches must be conducted in accordance with paragraph 11 of Annex
A to Code C and require the authorisation of an inspector for an adult strip
search or a chief inspector for a juvenile strip search, to obtain this
authorisation:

• The officer requesting the search should create a Grade 4 Safe incident
  containing the overall circumstances, subject name / date of birth /
  address (if provided), grounds, legal power being used, object sought, if
  the search has already been completed due to an immediate
  safeguarding requirement the rationale for doing so and if the subject is
  a juvenile the details of the appropriate adult present
• The authorising Inspector / Chief Inspector depending on age of person
  to be searched will then endorse the log with their rationale supporting
  or declining the application
• In cases where a search prior to authorisation is required due to
  significant concerns for the subject’s welfare or it is not reasonably
  practicable to delay, a retrospective safe incident works log with
  supporting Inspector / Chief Inspector (depending on age of person to
  be searched) commentary should be completed including rationale for
  completion of search prior to authorisation
• The NAPPS search record will be updated to include the details of the
  authorising Inspector / Chief Inspector and appropriate adult present.

Once the above process has been completed the search can be carried out –
but the below policy must be followed:

• The strip search can only take place in a private area (often the custody
  suite not a police vehicle) and there must be at least two people present
  (one of those being the appropriate adult if a search of a juvenile) with
  the officer carrying out the search being the same sex as the person
  being searched
• Remember, if the person being searched is 17 or under an appropriate
  adult must be present during the strip search. The young person being
  searched can consent, in certain circumstances, to the search taking
  place in the absence of an appropriate adult. (See Annex A section B of
  PACE CODE C).

An intimate search mentioned in paragraph11 (f) of Annex A to Code C cannot
be authorised or carried out under any stop and search powers. The other
provisions of Code C do not apply to the conduct and recording of searches of
persons detained at police stations in the exercise of stop and search powers.

5.4 Gender

In law, the gender (and accordingly the sex) of an individual is their gender as
registered at birth unless they have been issued with a Gender Recognition
Certificate (GRC) under the Gender Recognition Act 2004 (GRA), in which case
the person's gender is their acquired gender. This means that if the acquired
gender is the male gender, the person‘s sex becomes that of a man and, if it is
the female gender, the person‘s sex becomes that of a woman and they must
be treated as their acquired gender.

When establishing whether the person concerned should be treated as being
male or female for the purposes of a search, the following approach which is
designed to minimise embarrassment and secure the person‘s co-operation
should be followed:

• The person must not be asked whether they have a GRC
• If there is no doubt as to whether the person concerned should be
  treated as being male or female, they should be dealt with as being of
  that sex
• If at any time (including during the search or carrying out the procedure)
  there is doubt as to whether the person should be treated, or continue
  to be treated, as being male or female:
  • The person should be asked what gender they consider
    themselves to be. If they express a preference to be dealt
    with as a particular gender, they should be asked to indicate
    and confirm their preference by signing the officer‘s
    notebook. Subject to (ii) below, the person should be treated
    according to their preference;
  • If there are grounds to doubt that the preference in (i)
    accurately reflects the person‘s predominant lifestyle, for
    example, if they ask to be treated as woman but documents
    and other information make it clear that they live
    predominantly as a man, or vice versa, they should be
    treated according to what appears to be their predominant
    lifestyle and not their stated preference;
  • If the person is unwilling to express a preference as in (i)
    above, efforts should be made to determine their
    predominant lifestyle and they should be treated as such. For
    example, if they appear to live predominantly as a woman,
    they should be treated as being female.
  • If none of the above applies, the person should be dealt with
    according to what reasonably appears to have been their sex
    as registered at birth

Trans includes a person who has the protected characteristic of gender
reassignment (previously referred to as transsexual) and also a person who
adopts, fully or partially, dress, appearance and/or behaviour normally
identified as belonging to the opposite gender (previously referred to as
transvestite).

The term also applies if the person is proposing to undergo, is undergoing or
has undergone a process or part of a process for the purpose of reassigning
the person’s sex by changing physiological or other attributes of that
sex. That person is not required to be under medical care to satisfy this
definition.

5.5 Searching of Juveniles

Inappropriate use of stop and search has negative consequences, none more
so that when children and young people are searched. A search may be
traumatic especially if it is the first time but also if the child has been searched a
number of times. Consideration should be given to the reason for the
search and not just if the search COULD be carried out but also if it
SHOULD. A search could add to existing adverse childhood experience (ACE) for a child and it is imperative that this decision is not taken lightly, an
explanation of ACE and other circumstances which affect young persons’
wellbeing can be found at (ACE).

If the search does go ahead then it MUST follow all the other protocols as with
adults, extending the same courtesy and respect. It must be necessary,
proportionate, and justifiable. Communication, especially of GOWISELY should
be clear and simple and the child or young person should understand all of the
points before the search goes ahead. A record of the search must be provided
so that any adults caring for the child or young person may access the
information about the search.

This does not replace an officer’s duty to ensure appropriate safeguarding is in
place for the child immediately post search e.g. they should still take steps to
inform parent or carer about the fact the child or young person has been
searched and the reasons why. Consider the context of the stop search, is there something wrong at home which has put this child in this position? Consider whether the child is returned to their home address or if police protection powers may be required, should a safeguarding referral (PNN) be submitted?

A strip search of a juvenile should only take place when absolutely necessary. The trauma and harm that could be caused by a strip search cannot be underestimated and may have an impact on this child or young person for
life. A child who has suffered previous ACEs may present as defensive and
confident because they have experience of trauma and are protecting themselves. This should not add to the grounds for a search. The duty of the
officers throughout this process is to safeguard the child and they should be
prepared to use the National Decision-Making model to explain their actions.

The authorisation of a chief inspector will be needed before a juvenile strip search as part of stop and search under PACE Code A is carried out, this does not change authorities and processes within the custody environment post arrest where authorisation remains with the PACE Inspector. A strip search for the purpose of this authorisation requirement is the exposure of intimate parts. A search can only take place if an officer reasonably believes the person being searched has concealed an article which it is necessary to remove.

If you need to complete a strip search of a juvenile, you will need to do the
following:

• Seek the authorisation of a chief inspector. Our force structure means
  a chief inspector in the FIM role is on duty on all shifts although any
  chief inspector would be able to authorise the search
• The officer requesting the search should create a Grade 4 Safe incident
  containing the overall circumstances, subject name, date of birth,
  address if provided, grounds, legal power being used, object sought, if
  the search has already been completed due to an immediate
  safeguarding requirement the rational for doing so and if the subject is a
  Juvenile the details of the appropriate adult present
• The authorising chief inspector will then endorse the log with their
  rationale supporting or declining the application
• In cases where an immediate search is required due to significant
  concerns for the child’s welfare a retrospective safe incident works log
  with supporting chief inspector commentary should be completed
• The NAPPS search record will be amended to include the details of the
  authorising chief inspector and a drop-down menu to record the
  presence of an appropriate adult
  
  

Once the above process has been completed the search can be carried out but the below policy must be followed:

• The strip search can only take place in a private area (often the custody
  suite not a police vehicle) and there must be at least two people present
  (one of those being the appropriate adult) with the officer carrying out
  the search being the same sex as the person being searched
• Remember if the person being searched is 17 or under an appropriate
  adult must be present during the strip search. The young person being
  searched can consent, in certain circumstances, to the search taking
  place in the absence of an appropriate adult. (See Annex A section B of
  PACE CODE C).

5.6 S.43 and S.43A Terrorism Act 2000

Section 43 provides a power to search a person who the officer reasonably
suspects to be a terrorist to discover whether they have in their possession
anything which may constitute evidence that they are a terrorist.

Section 43A provides that an officer who reasonably suspects that a vehicle is
being used for the purposes of terrorism, may search the vehicle and its driver
and passengers, together with anything in or on the vehicle or carried by the
driver or a passenger, to discover whether there is anything which may
constitute evidence that the vehicle is being used for the purposes of terrorism.

See Appendix H

5.7 Record of Search and Requesting a Stop and Search Record

Anyone who has been stopped and searched or who has had their vehicle
searched by a police officer or PCSO is entitled to a record of this search within
three months of the search being conducted.

An electronic record using the NAPPS applications on mobile devices will be
completed at the time of the search, although if the officer is called away to
attend a higher priority incident and it is not possible to complete the record at
the time a record can be completed using the NAPPS desk top application as
soon as practical and no later than the end of the officers tour of duty.

The mobile data device does not generate a hard copy record that can be given
at the scene of the stop and search. These devices do however allow officers to
email or text the person searched a copy of the record if they provide the officer with their email address or mobile phone number. Alternatively, the mobile data device does issue a unique reference number (URN) which will be written on a receipt as well as the officers’ identification, their station and the date and time of the search and given to the person searched. They are to be advised that they can obtain a copy of the search record by attending a police station with the receipt within three months of the search being completed. If the subject refuses to provide a phone number, email address or take the receipt / URN they are to be advised that a record of the search may not be available at a later date.

Details of the process for requesting a stop and search record are given at
Appendix I.

It should be explained to the member of the public that the reason for requiring
their self-defined ethnicity is because this information is required to obtain a true picture of stop and search activity, and to understand and respond positively to any identified disproportional levels of stop and search activity.

Where the search directly results in the arrest of the subject, the requirement to complete a stop and search record still exists. There is also a requirement to
record the details of the search and the grounds for the search on the subject’s custody record.

For the purposes of completing the search record, there is no requirement
under PACE to record the name, address and date of birth of the person
searched or the person in charge of a vehicle which is searched, however this
information is useful for intelligence purposes and should be sought. An officer
may remind a person that providing these details will ensure that Nottinghamshire Police is able to provide information about the stop and search
in future should the person request that information or if it is otherwise required.

The names of police officers are not required to be shown on the search record
in the case of operations linked to the investigation of terrorism or otherwise,
where an officer reasonably believes that recording names might endanger
themselves. In such cases, the record must show the officer’s collar or other
identification number and duty station.

A record is required for each person and each vehicle searched. However, if a
person is in a vehicle and both are searched and the object and grounds of the
search are the same, only one record need be completed. If more than one
person in a vehicle is searched, separate records for each search of a person
must be made. If only a vehicle is searched, the self-defined ethnic background
of the person in charge of the vehicle must be recorded, unless the vehicle is
unattended.

Nothing prevents an officer who is present but not directly involved in searching
from completing the record during the course of the search, provided it contains the details of the officer searching.

After searching an unattended vehicle, or anything in or on it, an officer must
leave a notice (G235 & G235A) in it (or on it, if things on it have been searched
without opening it) recording the fact that it has been searched.

The notice must include the name of the police station to which the officer
concerned is attached and state where a copy of the record of the search may
be obtained and any application for compensation should be directed.

The vehicle must, if practicable, be left secure.

If a PNC check is conducted in relation stop and search, the PNC operator is
required to know the reason for the check to enable an audit trail to be
completed.

5.8 Seizure of items

An officer may seize and retain anything which he or she discovers in the
course of a search and reasonably suspects may constitute evidence that the
person concerned has either committed an offence, is a terrorist within the
meaning of section 40(1) (b) of the Terrorism Act 2000 or has a vehicle which is
used for the purposes of terrorism.

Anything seized may be retained for as long as necessary in all the
circumstances. This includes retention for use as evidence at trial for an
offence.

A record should be made of any item seized or retained and made available
with a copy of the record of the stop and search. If the officer’s reasonable
suspicion ceases to apply, the item should be returned to the individual from
whom it was seized, or the person in charge of the vehicle from which it was seized unless there are other grounds for retaining it (e.g. in respect of the
investigation of a separate offence). If there appears to be a dispute over the
ownership of the article, it may be retained for as long as necessary to
determine the lawful owner.

For further guidance of proper handling / management of evidence refer to PS
195 SEIZED PROPERTY POLICY and associated documents.

6.0 POWERS REQUIRING SPECIAL AUTHORISATION

A number of powers are available to the police to carry out searches of people
and vehicles in special circumstances. The most commonly used powers are
defined within the Criminal Justice and Public Order Act 1994, and the
Terrorism Act 2000 and their use is rigorously monitored.

6.1 Section 60 Criminal Justice And Public Order Act 1994

Section 60 of the CJPO Act 1994, hereafter referred to as Section 60, allows a
superintendent and above to authorise constables to stop and search persons
in a specific area.

In exceptional cases, inspectors can authorise Section 60s but must consult
with the on-call superintendent as soon as practical to ratify the authority. Levels of authority are to remain at this high standard despite the Home Office
reducing the authority level required. Nottinghamshire Police uses these powers
very rarely and they are so intrusive that requiring this level of authorisation is
appropriate and demonstrates to the public that the serious impact is
recognised.

Where a Section 60 is authorised, the head for Local Policing and/or Area
Commander is to be notified and the Neighbourhood Policing Inspector for the
affected areas for consideration to be given to the commencing of a Community
Impact Assessment with KINS and partner agencies contacted.

The original authority lasts for no more than 15-hours. The superintendent, once informed, will either cancel the authority if they do not believe it is necessary or ratify it up to the 15 hours. The authority must be reviewed periodically in line with the NDM to ensure that the authority does not last any longer than it needs to. The Superintendent can extend the authority for up to a further 15 hours up to a maximum of 24 hours total time from original authority if violence or the carrying of dangerous instruments or offensive weapons has occurred or is suspected to have occurred and the continued use of the powers is considered necessary to prevent or deal with further such activity, or to find a dangerous instrument or offensive weapon that has been used. That direction must be given in writing as soon as practicable afterwards.

Where a section 60 authorisation is in force, section 60AA is automatically
authorised. However, if there is no section 60 in place, a separate section 60AA
authorisation can still be made under section 60AA (3).

An authorisation under Section 60 allows any constable who is in uniform to:

• to stop any pedestrian and search him or anything carried by him for
  offensive weapons or dangerous instruments
• to stop any vehicle and search the vehicle, its driver and any passenger
  for offensive weapons or dangerous instruments

A constable may stop and search any person or vehicle whether or not they
have any grounds for suspecting that the person or vehicle is carrying weapons
or articles of that kind.

The use of Section 60 has come under close scrutiny in recent years, therefore
officers are reminded that they need to be able to demonstrate to the member of the public, specifically why they have been stopped and searched, and must
exercise this power with a great degree of tact and diplomacy.

Meeting the test for making an authorisation

Spontaneous Events

If a police officer of the rank superintendent or in exceptional cases inspector or
above reasonably believes that incidents involving serious violence will as
opposed to may take place, or have taken place in any locality in their police
force area, and that it is necessary to give an authorisation under this section to prevent their occurrence, that –

• an incident involving serious violence has taken place in England and
  Wales in their police area;
• a dangerous instrument or offensive weapon used in the incident is
  being carried in any locality in their police area by a person; and
• it is necessary to give an authorisation under this section to find the
  instrument or weapon; or
• that persons are carrying dangerous instruments or offensive weapons
  in any locality in their police area without good reason
  
  

They may give an authorisation for searches under Section 60 to be exercisable
at any place within that locality for a specified period not exceeding 15 hours. (to comply with BUSS).

If an officer of or above the rank of superintendent reasonably suspects that
offences have been committed in connection with any activity falling within the
authorisation, they may extend the authority for a further 15 hours but not
beyond the statutory 24 hour maximum.

In those exceptional circumstances where the authorisation is given by an
inspector, then as soon as it is practicable to do so, they must inform an officer
of at least the rank of superintendent.

Further guidance including a flowchart depicting the Section 60 authorisation
process can be seen at Chief Officer Resource Pack for use when considering
s.60s.60AA applications.

The authorising officer must be able to demonstrate the need for the
authorisation by referring to supporting intelligence/analytical material.
The Head of Local Policing and/or the Area Commander should be notified of
any authorisation and consideration be given to the commencing of a
Community Impact Assessment with KINS, partner agencies, the Independent
Scrutiny Panel, Office of the Police and Crime Commissioner and the
Independent Advisory Group consulted / notified prior to or as soon as practical
after any authorisation.

Pre-planned Events:

If during the planning stages of a major event or operation the requirements are met then the authorising officer will be of the rank Superintendent or above for a maximum of 15-hours. An extension made beyond 15 hours will not exceed 15hours and will not take the authorisation beyond the statutory 24 hours maximum. An extension beyond 24 hours will not exceed 15 hours, as applies to the first authorisation.

Any authorisation under this section shall be in writing signed by the officer
giving it and shall specify the grounds on which it is given and the locality in
which and the period during which the powers conferred by this section are
exercisable and a direction shall also be given in writing.

Recording requirements

Any authorisation for a Section 60 will be recorded on Section 60 authority
forms which can be located in the Chief Officer Resource Pack for use when
considering s.60s.60AA applications.

The S60 application template must be completed ahead of an authorisation for
a pre-planned operation. The start and end times of the authorisation will be
recorded. Where the person completing the application template is other than
the authorising officer, the details of the authorising officer must be completed.

The decision to extend an authority must be recorded as an extension to a
current authority. In spontaneous incidents, the authorising officer must record
the order to invoke Section 60 in writing as soon as practicable after the
authority is made.

In the first instance, details of the authority and supporting decisions should be
logged via the control room. A Safe log for the incident and the online authority
must be completed as soon as practicable thereafter and corresponding Niche
occurrence generated. The paper-based Section 60 application template can be
found on the intranet or as an annex to this policy.

Officers conducting a search under Section 60 will complete a NAPPS record at
the conclusion of any search, unless there are exceptional circumstances which
make this wholly impractical e.g. situations involving public disorder or when the
recording officers presence is urgently required elsewhere. If exceptional
circumstances apply the officer must record as soon as it is practicable to do so.

For all Section 60 authorities should be retained through a Safe log and
associated master Niche Occurrence and record the following information:

• A signed copy of the online application template
• Supporting analytical/intelligence material, including Community Impact
  Assessments (CIA)
• A clear and accurate map detailing the geographic area subject of the
  authority
• Copies of any briefing material used

These reports must be referenced with online authority and be available for
retrieval. The force’s stop search lead should be notified and the
Neighbourhood Policing Inspector for the affected areas for managing of
Community Impact Assessments.

6.2 Section 60AA Criminal Justice and Public Order Act 1994

Section 60AA of CJPO 1994 provides the power for police officers to remove
disguises from people. In order to exercise the power, the officer must
reasonably believe that someone is wearing an item wholly or mainly for the
purpose of concealing their identity.

Officers may seize such items where they believe that a person intends to wear
them for this purpose.

There is no power to stop and search for disguises or other items used to
conceal identity.

An officer may seize any such item which is discovered when exercising a
power of search for something else, or which is being carried, and which the
officer reasonably believes is intended to be used for concealing anyone’s
identity. This power can only be used if an authorisation given under section 60
or under section 60AA, is in force.

An authorisation under section 60AA may only be given by an officer of the rank of superintendent or above, in writing, specifying the grounds on which it was given, the locality in which the powers may be exercised and the period of time for which they are in force. In exceptional cases, inspectors can authorise
Section 60AAs, but must consult with the on-call superintendent as soon as
practical to ratify the authority.

The period authorised shall be no longer than appears reasonably necessary to
prevent or seek to prevent the commission of offences. It may not exceed 15
hours. The ratifying officer may direct that the authorisation shall be extended
for a further 9 hours if crimes have been committed or are suspected to have
been committed and the continued use of the powers is considered necessary
to prevent or deal with further such activity. This direction must also be given in
writing at the time or as soon as practicable afterwards.

This authority can be given on its own, irrespective of whether a Section 60 has
been authorised. If a Section 60 has been authorised, the Section 60AA can be
authorised simultaneously.

Further guidance and required documentation can be found at Chief Officer
Resource Pack for use when considering s.60s.60AA applications.

6.3 Section 47A of Schedule 6B to the Terrorism Act 2000

Authorities under Section 47A of schedule 6B to the Terrorism Act 2000
(hereafter referred to as Section 47A) are designed to protect the public from
acts of terrorism by giving enhanced powers of stop and search to constables
and PCSOs. The extension of an officer’s powers under this authority is both
powerful and intrusive, so should be used only when absolutely necessary and
when no other policing powers of stop and search exist to protect the public
from acts of terrorism, a synopsis of the authority is given below with full
guidance found at Appendix H Terrorism.

Meeting the test for making an authorisation

The powers to stop and search under Section 47A represent a significant
divergence from the usual requirement to have reasonable suspicion when
exercising stop and search powers. The powers are therefore only exercisable
in an area where and during a period when an authorisation has been given by
a senior officer. The test for authorising Section 47A powers is that the person
giving it:

“must reasonably suspect that an act of terrorism will take place and
considers that the powers are necessary to prevent such an act and that
the area(s) or place(s) specified in the authorisation are no greater than is
necessary and the duration of the authorisation is no longer than is
necessary to prevent such an act.”

An authorisation under Section 47A may only be made by an officer of ACPO
rank (i.e. at least the rank of assistant chief constable). Authorising officers
must be either substantive or on temporary promotion to the qualifying rank.
Officers who are acting in the rank may not give authorisations.

The Secretary of State must be notified of any authorisation and must confirm
any authorisation specified to exceed 48 hours, if it is to remain in force beyond
48 hours.

Retrospective and ongoing engagement

It will not always be possible to carry out community engagement when special
authorisations are required as a matter of urgency. Though as soon as
practicable a Community Impact Assessment (CIA) will be compiled and
progressed.

Nottinghamshire Police will continue to monitor the use of powers for the
duration of an authorisation, both in discussion with community representatives
and by explaining how and why the powers are being used to individuals who
are stopped and searched.

Officers should be ready to explain to individuals why the powers are in place,
insofar as this can be communicated without disclosing sensitive intelligence or
causing undue alarm. Raising public awareness of the powers conferred by
special authorisations should be considered as part of any wider
communications strategy associated with an operation which has a strong
emphasis on the use of stop and search.

Community engagement should be truly reflective of those that may be affected
by this enhanced power and wide consultation should take place, using not only
established links but through identifying and communicating with groups where
links are difficult to establish or non-existent.

Clear media strategies should be implemented at the earliest opportunity,
informing and reassuring communities of the necessity for the authority. A clear media strategy will reduce rumour and speculation over the granting of an
authority and prevent misinformation. Media is not an alternative to community
consultation.

7.0 BRIEFING AND TASKING

Briefing systems will be regularly refreshed, providing frontline officers with up-to-date intelligence, supporting them in preventing and detecting crime.

Briefings will identify that Stop and Search if used effectively is a critical tool in
supporting Our Duty to fight crime, protect vulnerable people and ensure our
communities feel safe and listened to. It is critical that we strive daily to earn the trust and confidence of our communities.

Every public interaction leaves a trace, therefore our expectation in every stop
and search, that they are conducted with thought, compassion, courtesy,
respect and integrity. Good communication is key, and individuals who
understand the reason for being stopped and searched (GOWISELY) are more
likely to have a positive experience.

Our Vision is to deliver an outstanding service we can all be proud of.

Where stop and search forms a large part of any particular operation or event,
officers should be briefed and tasked appropriately on the use of their powers.

Officers should use the information provided in a briefing to influence their
decision to stop and search an individual. Officers must be fully briefed on
special powers and their use.

A search must be proportionate to the outcome and officers should consider
whether general powers of stop and search may be more appropriate to use
than powers such as section 60, which require no suspicion.

Officers should be reminded of the need to record information and provide
anyone who is stopped and searched, or whose vehicle is stopped and
searched, with a receipt of the stop and search occurrence including details of
the power used. Accurate recording of information is essential in order to
monitor the use of the powers, safeguard against misuse and provide
individuals with information about the powers which have been used.

The briefing should make officers aware of relevant current information and
intelligence including potential threats to locations. Briefings should be as
comprehensive as possible in order to ensure officers understand the nature
and justification of the operation which will in turn help officers to understand
what evidence they are looking for in the course of a search, while recognising
that it may not be possible or appropriate to communicate highly sensitive
intelligence to all officers.

In order to demonstrate that the powers are used appropriately and
proportionately, the briefing process must be robust and auditable. All officers
involved in the process should be reminded that they are fully accountable in
law for their own actions.

Officers should be given clear instructions about where, when and how they
should use their powers. Where a special authorisation is in place, officers
should be clearly tasked by their supervisor so that the power is used
appropriately and proportionately.

There may be exceptional circumstances where it is impractical to brief officers
before they are deployed. Where this occurs, supervisors should provide
officers with a briefing as soon as possible after deployment.

Care must be taken to ensure that officers deployed in an area subject to a
section 60 or other special authorisation are briefed on:

• The area covered by the authority with particular focus on flash points,
  problem venues, etc.
• The duration of the authority
• The intelligence supporting the authorisation
• Precise descriptions of those sought
• Any specific information regarding officer safety
• Any relevant, recent Community Impact Assessment for the area
• Any modesty issues to be considered when asking for the removal of
  face covering
• Advice regarding communication with people who have English as a
  second language or have communication and/or learning difficulties

Where stop and search powers affect sections of the community with whom
channels of communication are difficult or non-existent every effort should be
made to establish a line of communication and should include other policing
partners and stakeholders such as:

• Local Strategic Partnerships
• Youth Groups (YIAG)
• Faith Groups
• Independent Advisory Groups (IAG)
• Independent Community Scrutiny Panels (ICSP)

8.0 SOCIAL MEDIA AUDITORS/BLOGGERS

It is unlikely that stop and search will be an appropriate tool to deal with social
media auditors and bloggers.

There are an increasing number of reported incidents within the United Kingdom
regarding auditors and social media bloggers. The auditors/bloggers are
members of the public who attend police stations, other public/civil service
building including Ministry of Defence sites or incidents with the purpose of
capturing staff on camera and live-streaming to social media platforms or
uploading with edited content.

The auditors use security concerns surrounding the filming of staff and
premises, alongside limited powers to prevent it. They appear to provoke staff
and site security into potentially embarrassing reactions, often asserting that
staff are overstepping legal boundaries. They are also well versed in their own
rights and often cite legislation in their interactions with staff. Any perception
they are under police surveillance is likely to be challenged robustly and,
potentially publicly.

Auditors / Social Media Bloggers - Initial Guideline NPCC (formally ACPO)
document still holds the ACPO guidance as current. This is well known and
versed by bloggers and there are several YouTube videos explaining it.

Auditors/bloggers have referred to the ACPO Guidance for Photographers 2010
document during some of their recordings, this detailed in section 2 of the
auditors / social media bloggers – initial guidance document above. The
following points taken from the ACPO guidance for photographers 2010 will
continue to act as the guiding principles. They are still the current guidelines
and are endorsed by NPCC in their initial guidance.

• There are no powers prohibiting the taking of photographs, film or
  digital images in a public place. Therefore, members of the public and
  press should not be prevented from doing so
• We need cooperation with the media and amateur photographers. They
  play a vital role as their images help us identify criminals
• We must acknowledge that citizen journalism is a feature of modern life
  and police officers are now photographed and filmed more than ever.
  Unnecessarily restricting photography, whether for the casual tourist or
  professional is unacceptable and it undermines public confidence in the
  police service
• Once an image has been recorded, the police have no power to delete
  or confiscate it without a court order

The College of Policing also has guidance that can be accessed through the
Media Relations APP and the Public Order APP.

9.0 SCRUTINY PANELS

Nottinghamshire Police has directed that all stop and searches will be recorded
using audio and video recording equipment, this normally being body worn
video, for further guidance see the Body Worn Video Policy.

Inappropriate use of our powers damages public trust and confidence and we
will ensure that the powers of stop and search are used fairly, impartially and
without discrimination. Recording is essential for transparency and public
confidence.

Internal scrutiny: Stop and search data is quality assured at Force and local
command level and this includes proportionality monitoring.

External scrutiny: Nottinghamshire Police also allows the use of any body
worn video footage that is recorded during a stop and search to be scrutinised
by a Stop and Search Scrutiny Board, the process of which is documented,
managed and directed by the Office of the Police and Crime Commissioner. The
Force stop and search lead will be responsible for making available requested
footage. The use of footage in this way can increase transparency and allows
Nottinghamshire Police to obtain feedback to feed into best practice. This has to
be balanced against the human rights of the individual filmed concerned and
any due process, sensitive personal data will be processed under the Data
Protection Act exemption of ‘the processing is necessary for monitoring equality
of opportunity and is carried out with appropriate safeguards for the rights of the individual’.

We also run a Ride Along Scheme as defined by the Public Observation
Scheme (formally Ride Along) Policy which provides the opportunity for
members of our community to accompany police officers on patrol observing
their duties which may in the course of such include an operational stop and
search.

10.0 AUDIT AND MONITORING OF STOP AND SEARCH

The auditing and monitoring of stop and search will take place by:

• Front line supervisors - sergeants and inspectors
• Tactical lead
• Strategic lead
• Independent Community Scrutiny Panels (ICSP)

10.1 Supervisory Responsibilities

Supervisors are reminded that they have a statutory obligation to monitor the
activities of their staff in terms of how they exercise these powers and should
consider in particular whether there is any evidence that they are being
exercised unlawfully. Supervisors must be able to evidence that this monitoring
is taking place.

Supervisors must also examine whether the records reveal any trends or
patterns which give cause for concern, and if so, take appropriate action to
address this.

It is recommended that supervisors directly observe instances of Stop and
Search and provide advice and guidance if necessary. This also includes the
reviewing of body worn video of all stop search events.

Supervisors will endorse every search record before it is finalised on the search
database. This endorsement will ensure that Supervisors have responsibility for
accurate submission of data and in particular that reasonable grounds have
been met and are lawful. They should also make comment on how it fits into the
Stop and Search Strategy:

Stop and Search if used effectively is a critical tool in supporting Our Duty to
fight crime, protect vulnerable people and ensure our communities feel safe and
listened to. It is critical that we strive daily to earn the trust and confidence of our communities.

Every public interaction leaves a trace, therefore our expectation in every stop
and search, that they are conducted with thought, compassion, courtesy,
respect and integrity. Good communication is key, and individuals who
understand the reason for being stopped and searched (GOWISELY) are more
likely to have a positive experience.

Our Vision is to deliver an outstanding service we can all be proud of.

Consideration for searches outside of this should be given to the impact on the
community and whether this outcome justifies the longer-term impact on the
individual.

11.0 EQUALITY IMPACT ASSESSMENT (EQIA)

The policy has been reviewed and drafted against all protected characteristics
in accordance with the Public Sector Equality Duty embodied in the Equality Act
2010. The policy supports Nottinghamshire Police’s commitment to:

• Eliminate discrimination, harassment, and victimisation
• Advance equality of opportunity between persons who share a relevant
  protected characteristic and persons who do not share it
• Foster good relations between persons who share a relevant protected
  characteristic and persons who do not share it

12.0 HUMAN RIGHTS

This policy has been implemented and reviewed in accordance with the
European Convention and principles provided by the Human Rights Act 1998.
The application of this policy has no differential impact on any of the articles
within the Act. However, failure as to its implementation would impact on the
core duties and values of Nottinghamshire Police and its partners to uphold the
law and serve and protect all members of its community and beyond from harm.

13.0 MONITORING AND EVALUATION

The policy should be considered a living document and subject to regular review
to reflect upon any Force, Home Office/ACPO, legislative changes, good
practice (learning the lessons) both locally and nationally.

A formal review of the policy document, including that of any other potential
impacts, will be conducted by the date shown as indicated on the first page as
directed by the Force strategic lead for stop and search.

Any amendments to the policy will be conducted and evidenced through the
Force policy coordinator and set out within the version control template.

Feedback is always welcomed by the author/owner and/or Force policy coordinator as to the content and layout of the policy document and any potential
improvements.

14.0 CONSULTATION

Business Lead/Chief Officer Consulted: Ch Supt Sukesh Verma

Date Consulted: 23rd September

This policy has been produced by Nottinghamshire Police in consultation with the following:

• Independent Advisory Group
• Independent Community Scrutiny Panel
• Learning and Development
• Federation
• Unison
• GMB
• Superintendents’ Association
• Neurodiversity Group
• LGBT+ Network
• Black Police Association
• Legal Services
• Health and Safety
• Data Protection
• Office of the Police and Crime Commissioner

15.0 DOCUMENT HISTORY

The history and rationale for change to policy will be recorded using the below chart:

Version No.	Date	Post Holder / Author	Reason for Issue
1.0	April 2013	Inspector Steve Cartwright	Draft policy for consultation
2.0	February 2014	C/Inspector Steve Cartwright	Policy amendment post consultation
3.0	Sept 2014	Supt Paul Burrows	Policy amendment post work development
4.0	April 2022	C/Inspector Jon Foy	Policy amendment post work development
5.0	TBC 2023	T/Insp Matthew Ward	Full rework incorporating updated national practice

16.0 DATA PROTECTION, FREEDOM OF INFORMATION ACT

16.1 The General Data Protection Regulation (GDPR) and Data Protection Act (2018)

Nottinghamshire Police has a duty to ensure, so far as is possible, that all staff
comply with the provisions of the GDPR and the Data Protection Act 2018, particularly relating to their access to, and dissemination of, a wide variety of
personal information.

This policy and procedure has been assessed by Information Management and
Data Protection to ensure it complies with the Data Protection Act 2018 and is
considered to be compliant with the legislation.

For further advice about what constitutes personal data, refer to the guidance
given on the Information Commissioners Website.

16.2 Freedom of Information Act (2000)

The Freedom of Information Act 2000 (FOIA) grants a general right of access to
all types of recorded information held by public authorities, which may include
stop and search data. This policy and procedure has been assessed as
disclosable upon request under Freedom of Information. It is intended to be a
public document and available upon request to members of the public and
interested parties.

Requests for data will be directed to the Stats and data section of the
Nottinghamshire Police Internet site.

APPENDIX A - Stop and Search Powers

Power	Objective of search	Extent of search	Where exercisable	Special authorisation required?
S.1 Police and Criminal Evidence Act 1984	Stolen goods; articles for use in Burglary, theft, fraud or deception; offensive weapons including bladed or sharply-pointed articles (except folding pocket knives with a bladed cutting edge not exceeding 3 inches); prohibited possession of a category 4 (display grade) firework, any person under 18 in possession of an adult firework in a public place. Criminal Damage: articles made, adapted or intended for use in destroying or damaging property'	Persons and vehicles	Where there is public access	No
S.23 Misuse of Drugs Act 1971	Controlled Drugs	Persons and vehicles	Anywhere	No
S.47 Firearms Act 1968	Firearms	Persons and vehicles	A public place, or anywhere in the case of reasonable suspicion of offences of carrying firearms with criminal intent or trespassing with firearms	No
S.7(2/3) Sporting Events (Control of Alcohol etc) Act 1985	Intoxicating liquor	Persons, coaches, trains	Designated sports grounds or coaches and trains travelling to or from a designated sporting event.	No
S.4 Crossbows Act 1987	Crossbows or parts of crossbows (except crossbows with a draw weight of less than 1.4 kilograms)	Persons and vehicles	Anywhere except dwellings	No
S.139B Criminal Justice Act 1988	Offensive weapons, bladed or sharply pointed article	Persons	School premises	No
S.60 Criminal Justice and Public Order Act 1994 as amended by S.8 if the Knives Act 1997	Offensive weapons or dangerous instruments to prevent incidents of serious violence or to deal with the carrying of such items.	Persons and vehicles	Anywhere within a locality authorised by a superintendent or above	Yes
S342E Police, Crime, Sentencing and Courts Act 2022	Bladed Article or an Offensive Weapon	Persons subject to a SVRO (Serious Violence Reduction Order)	Public place	No
S.6 Public Stores Act 1875	HM Stores stolen or unlawfully obtained	Persons, vehicles and vessels	Anywhere where the constabulary powers are exercisable	No
S.163 Customs and Excise Management Act 1979	Goods: (a) on which duty has not been paid; (b) being unlawfully removed, imported or exported; (c) otherwise liable to forfeiture to HM Customs and Excise	Vehicles and vessels only	Anywhere	No
S.27(1) Aviation Security Act 1982	Stolen or unlawfully obtained goods	Airport employees and vehicles carrying airport employees or aircraft or any vehicle in a cargo area whether or not carrying an employee	Any airport	No
S.6(3) Police and Criminal Evidence Act 1984 (by a constable of the UK Atomic Energy Authority Constabulary in respect of property owned or controlled by British Nuclear Fuels plc; British Transport Police on any area connected with Railways)	HM Stores (in the form of goods and chattels belonging to British Nuclear Fuels plc; BTP – any goods contained within a goods area within the premises of British Railways Board, or any successor)	Vehicles only	Anywhere where the constabulary powers are exercisable	No
New Psychoactive Substances Act 2016	Search for New Psychoactive Substances	Persons and vehicles	Anywhere	No

Evidence of game and wildlife offences

Power	Objective of search	Extent of search	Where exercisable	Special authorisation required?
S.2 Poaching Prevention Act 1862	Game or poaching equipment	Persons and vehicles	A public place	No
s.12 Deer Act 1991	Evidence of offences under the Act	Persons and vehicles	Anywhere except dwellings	No
S.4 Conservation of Seals Act 1970	Seals or hunting equipment	Vehicles only	Anywhere	No
s.11 Badgers Act 1992	Evidence of offences under the act	Persons and vehicles	Anywhere	No
S.19 Wildlife and Countryside Act 1981	Evidence of wildlife offences	Persons and vehicles	Anywhere except dwellings	No

Terrorism offences

Power	Objective of search	Extent of search	Where exercisable	Special authorisation required?
S.43 Terrorism Act 2000	Evidence of liability to arrest under s.14 of the Act	Persons	Anywhere	No
S.47A Terrorism Act 2000	for the purpose of discovering whether there is anything that may constitute evidence that the vehicle being searched is being used for the purposes of terrorism, or the individual being searched is a terrorist	Persons, vehicles	Within the geographical area as defined by the authority	Yes

Appendix B - Adult Stop and Search

Appendix C - Child Stop and Search

Appendix D - Strip Search (exposure of intimate parts) of an adult

Appendix E - Strip Search (exposure of intimate parts) of a Child (17 years and under)

Appendix F - Supervisors check list

Action

Review the Stop and Search Record;

• From the relevant Niche Occurrence which can be located through the allocated task
• (+ Add OEL Entry > Type = Supervisor > Log entry > Select template > Stop & Search – Supervisor Review)

Questions to address when reviewing a record:

• Was the appropriate Stop Search Power used?
• Are the grounds based on more than personal factors? (observed behaviour and/or specific information)
• Do the grounds support the object of the search?
• Do the grounds support the extent of the search? (Beyond JOG / Strip Search)
• Where the search involves persons under 18, what action was taken to inform parents/guardian and safeguard the search subject. If a decision was taken not to inform parents/guardian, what was the rational?
• Is the search linked to any other incidents, occurrences, references?
• Has separate intelligence been submitted and linked? What is the reference number?
• Is there evidence of this stop/search being inappropriate with regards to stereotyping or unfair treatment of the subject?
• If any of the above criteria has not been met what action is being taken to rectify?
• Has the BWV been uploaded and reference added to DEMS
• Have you reviewed the BWV and what are your observations?

Appendix G - s.60 Chief Officers Resource Pack

Chief Officer Resource Pack for use when considering s.60s.60AA applications

Background

S.60 Criminal Justice and Public Order Act 1994 (s.60) gives police the right to search people in a defined area during a specific time period when they believe, with good reason, that: serious violence will take place and it is necessary to use this power to prevent such violence; or that a person is carrying a dangerous object or offensive weapon; or that an incident involving serious violence has taken place and a dangerous instrument or offensive weapon used in the incident is being carried in the locality.

It requires the authority of a senior officer. In the case of a spontaneous incident this can be an inspector but it must then be ratified by a superintendent or higher, in pre-planned authorities the authorising officer will be a superintendent or higher

• Although the word necessary does not appear in section 60(1), the effect of Article 8 of ECHR is that necessity remains relevant to each decision as to whether an authorisation is justified. Any authorisation made under section 60 must be made only when the officer believes it is necessary. In practice, in addition to expediency, which is explicit in the 1994 Act, the authorising officer must also have considered the authorisation necessary to prevent serious violence or to find dangerous instruments or weapons after an incident involving serious violence, or to apprehend persons carrying weapons. This applies to all forces using this power regardless of
  whether they are participating in the BUSS or not.
  
  
• An s.60 authorisation must be made only when the officer believes it is necessary. In practice, in addition to expediency, explicit in the 1994 Act, the authorising officer must consider the authorisation necessary to prevent serious violence / to find dangerous instruments / weapons after an incident involving serious violence, or to apprehend persons carrying weapons
  
  
• Informed by credible intelligence, senior officers must have a higher degree of certainty by reasonably believing that incidents involving serious violence will take place rather than it being a possibility. Any judgment about the credibility of the intelligence will be a matter for the senior officer
  
  
• Officers carrying out searches using this power are not required to have reasonable grounds to conduct the search. They are “no-suspicion stop and searches”
  
  
• Officers have to be in uniform
  
  
• The selection of pedestrians and vehicles to be stopped and, if appropriate, searched under s.60, should reflect an objective assessment of the nature of the incident or weapon in question and the individuals and vehicles likely to be associated with that incident or those weapons
  
  
• Even though a s.60 is authorised, officers have the option to use other search powers where reasonable grounds to search exist
  
  
• Where a section 60 authorisation is in force, section 60AA is automatically authorised. However, if there is no section 60 in place, a separate section 60AA authorisation can still be made under section 60AA (3)