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Stop and Search Laws in the UK: PACE, GOWISELY and Section 60 Explained

By Recording Law Editorial Team11 min read
Stop and Search Laws in the UK: PACE, GOWISELY and Section 60 Explained

Frequently Asked Questions

Can police stop and search me just because of where I am or what I look like?

No. PACE Code A is explicit that reasonable grounds for a search cannot be based solely on a person's race, age, appearance, or being in a so-called high-crime area, and cannot rely on stereotypes about a group. The officer needs a specific, case-based reason.

Is GOWISELY an official legal term?

No. GOWISELY is a police training mnemonic, not wording that appears in PACE Code A itself. It is a memory aid built around the information Code A paragraph 3.8 requires an officer to give you before a search, such as the grounds, the object of the search, and your entitlement to a record.

What is the difference between a section 1 search and a section 60 search?

A PACE section 1 search needs individual reasonable suspicion about the specific person being searched. A section 60 search, under the Criminal Justice and Public Order Act 1994, does not; it applies to anyone within a designated area during an authorised period, based on a senior officer's reasonable belief that serious violence may occur, without needing suspicion about any one person.

How long can a section 60 authorisation last?

An inspector or more senior officer can authorise a section 60 search area for up to 24 hours. A superintendent or more senior officer can extend that authorisation once, for a further 24 hours, giving a maximum of 48 hours before it must be renewed or lapses.

Can police make me take my top off in the street?

No. In public, an officer can only require removal of an outer coat, jacket, or gloves under Code A paragraph 3.5. Removing anything more, such as a T-shirt or jumper, has to happen out of public view, for example in a police vehicle or at a station, under paragraph 3.6.

Does PACE apply to stop and search in Scotland?

No. Scotland has its own framework. The Criminal Justice (Scotland) Act 2016 s.65 ended non-statutory consensual searches, so a search there needs an express statutory power or a warrant, drawn from Scottish legislation or UK-wide statutes like the Misuse of Drugs Act 1971, rather than from PACE.

What should I do if I think I was searched unlawfully?

Avoid resisting physically, since that can itself lead to an arrest for obstruction. Ask for the information the GOWISELY checklist covers if it was not given, keep any search record or receipt, and consider a formal complaint to the police force, or to the Independent Office for Police Conduct in England and Wales, afterwards.

Sources and References

  1. Police and Criminal Evidence Act 1984, s.1 (search powers)(legislation.gov.uk).gov
  2. Criminal Justice and Public Order Act 1994, s.60 (suspicion-less search powers)(legislation.gov.uk).gov
  3. Criminal Justice (Scotland) Act 2016, s.65 (search of a person not in police custody)(legislation.gov.uk).gov
  4. GOV.UK: Police and Criminal Evidence Act 1984 (PACE) codes of practice(gov.uk).gov
  5. GOV.UK: Police powers to stop and search - your rights(gov.uk).gov
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