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All Rights Guides
Criminal Justice

검문 시 권리

The police have the power to stop and search you in public places under certain circumstances. However, these powers are strictly regulated by the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice. Understanding your rights ensures that any search is conducted lawfully.

Last updated: 2025-03-01

Your Rights

Right to Know Why You're Being Searched

Before searching you, the officer must tell you: their name and police station, the legal power they are using, what they are looking for, and why they have reasonable grounds to suspect you.

PACE 1984, s.2; Code A

Right to a Record of the Search

You are entitled to a written record of the search, including the officer's details, the reason, date, time, and what was found. You can request this within 3 months.

PACE 1984, s.3; Code A, para 4

Right Not to Be Searched Without Grounds

A standard stop and search under s.1 PACE requires the officer to have reasonable grounds for suspecting you are carrying stolen goods, offensive weapons, or prohibited items. Your appearance, age, or race alone is not a valid ground.

PACE 1984, s.1; Code A, para 2

Limits on What Can Be Removed

In public, the officer can only ask you to remove your outer coat, jacket, and gloves. More thorough searches must be conducted out of public view by an officer of the same sex.

PACE 1984, s.2(9); Code A

Right to Record the Encounter

You have the right to film or record a stop and search. Officers should not prevent you from doing so unless it obstructs their work.

College of Policing guidance

Common Myths

Myth

The police can stop and search anyone for any reason.

Reality

Under s.1 PACE, officers need reasonable grounds for suspicion. Section 60 (Criminal Justice and Public Order Act 1994) allows suspicion-free searches in limited areas authorised by a senior officer.

Myth

You have to answer the officer's questions during a stop and search.

Reality

You are not legally required to answer questions during a stop and search, though cooperation is advisable.

What To Do

1

Stay Calm and Cooperative

Do not resist or run away. This could lead to arrest. You can challenge an unlawful search afterwards.

2

Ask for the Officer's Details

Politely ask for the officer's name, police station, and the legal power they are using.

3

Ask Why You're Being Searched

The officer must tell you what they are looking for and why they suspect you.

4

Request a Record

Ask for a written record of the search. You can request this within 3 months from the relevant police station.

5

Complain if Your Rights Were Violated

If you believe the search was unlawful, complain to the police force's professional standards department or the IOPC.

Key Legislation

  • Police and Criminal Evidence Act 1984 (PACE), s.1
  • PACE Code of Practice A
  • Criminal Justice and Public Order Act 1994, s.60
  • Equality Act 2010

Useful Contacts

IOPC

Independent Office for Police Conduct — handles complaints about police officers.

Website

Liberty

Human rights organisation providing advice on police powers.

Website

StopWatch

Monitors and campaigns on stop and search practices.

Website