Stop and Search — Your Rights 2026 Guide

In short: A stop and search is where police search a person under powers such as PACE s.1, Misuse of Drugs Act s.23 or CJPOA s.60, with Code A of PACE 1984 setting the procedural standard — the officer must identify themselves, state the power, state the object of the search, and offer a record. Where the stop breached Code A, used unlawful force, or involved discrimination, remedies can include a complaint to PSD or the IOPC, a civil claim, or an Equality Act or Human Rights Act claim. eLitigant drafts your complaint or claim — or checks the draft you’ve written — for £30, working only from your own documents.

Stop and search is where police and public interact most often — and where the biggest gap between lawful practice and actual practice can exist. Knowing the law keeps you calm at the kerbside. Drafting afterwards makes accountability real.

The statutory powers

• PACE s.1 — reasonable suspicion of stolen or prohibited articles
• Misuse of Drugs Act s.23 — reasonable suspicion of controlled drugs
• Firearms Act s.47 — reasonable suspicion of firearm
• Terrorism Act s.43 — reasonable suspicion of terrorism article
• CJPOA s.60 — authorised area, specified time, without suspicion (strict authorisation requirements under Bridges v CC South Wales)
• Terrorism Act Schedule 7 — ports, airports, international rail

Code A — the procedural spine

Code of Practice A PACE 1984 sets the procedural standard. The officer must:

• Identify themselves and their station
• State the legal power
• State the object of the search
• Tell you you are detained for the search
• Use minimum force / duration
• Offer a record or receipt

“GOWISELY” — the police mnemonic — is worth knowing. If any step is missed, note it.

What “reasonable suspicion” means

Bridges v CC South Wales (automated facial recognition case) and earlier authority hold that reasonable suspicion must be:

• Objective — capable of being articulated
• Specific to the individual
• More than a hunch
• Not based solely on protected characteristics (race, religion, age)

At the kerbside — the calm sequence

1. Acknowledge the officer politely
2. Ask: “What is your power? What are you looking for?”
3. Note the officer’s collar number and station
4. Record the encounter on your phone if you have one and can do so safely (filming police in public is generally lawful)
5. Do not resist. Do not run. Do not argue.
6. Accept the receipt or note the refusal
7. After the stop, write down the full chronology immediately

Remedies if the stop was unlawful

• Complaint to PSD / IOPC — procedural breaches of Code A are routinely upheld
• Civil claim for assault / battery if force was used (restraint, handcuffs)
• Claim under Equality Act if discrimination was a factor
• HRA Article 8 claim — private life
• Judicial review where s.60 authorisation was improper

The disparity issue

Official statistics consistently show significant disparities in stop and search rates by ethnicity. This does not make every stop unlawful — but where disparity meets procedural breach and weak grounds, the Equality Act analysis joins the Code A analysis in the draft.

Can Chris draft the complaint?

Yes. Upload your contemporaneous note, phone footage if any, the stop receipt, officer collar numbers. Chris drafts a Code A / HRA / Equality Act-framed complaint to PSD, with specific findings sought and remedies requested. £30 for the complaint. Civil claim add-on via Express Case (£300/month) where claim is worth bringing.

Prepare to win. Plan not to fail.

The encounter lasts minutes. The record lasts forever. Chris drafts the record.

Frequently asked questions

What must an officer do during a lawful stop and search?

Under Code A of PACE 1984 the officer must identify themselves and their station, state the legal power, state the object of the search, tell you that you are detained for the search, use minimum force and duration, and offer a record or receipt. The police mnemonic “GOWISELY” captures these steps. If any step is missed, note it.

What powers can the police use to stop and search me?

Common powers include PACE s.1 (reasonable suspicion of stolen or prohibited articles), Misuse of Drugs Act s.23 (controlled drugs), Firearms Act s.47, Terrorism Act s.43, CJPOA s.60 (an authorised area and time, without suspicion) and Terrorism Act Schedule 7 (ports, airports and international rail).

What does “reasonable suspicion” mean?

The guide explains that reasonable suspicion must be objective and capable of being articulated, specific to the individual, more than a hunch, and not based solely on protected characteristics such as race, religion or age.

What should I do at the kerbside?

Acknowledge the officer politely, ask what their power is and what they are looking for, note the collar number and station, record the encounter on your phone if you can do so safely, do not resist or run, accept the receipt or note the refusal, and write down the full chronology immediately afterwards. Composure is the best evidence.

What remedies do I have if the stop was unlawful?

Options set out in the guide include a complaint to PSD or the IOPC for procedural breaches of Code A, a civil claim for assault or battery where force was used, a claim under the Equality Act where discrimination was a factor, a Human Rights Act Article 8 claim, and judicial review where a s.60 authorisation was improper.

Can Chris draft my complaint?

Yes. Upload your contemporaneous note, any phone footage, the stop receipt and officer collar numbers, and Chris drafts a Code A / HRA / Equality Act-framed complaint to Professional Standards with specific findings sought and remedies requested. A civil claim add-on is available via the Pro option where a claim is worth bringing.

Related guides: N244 application notice guide · N1 claim form guide · All civil court forms