Police Stop and Search Solicitor

Police stop and search powers allows officers to search a person or vehicle if they have ‘reasonable grounds’ to suspect the person or occupants (in the case of a vehicle) are carrying illegal drugs, a weapon, stolen property, or something which could be used to commit a crime.

At Reeds Solicitors, we have decades of experience in representing people who have been unfairly stopped and searched. As one of the UK’s top criminal law firms, we will swiftly identify any breaches in police procedure and ensure your interests are always protected.

Our Solicitors are regularly mentioned in the Legal 500 and in 2023, we were named one of the UK’s top law firms by The Times, specially commended for criminal law.

“In a world where others cut corners they refuse to do so. The same work ethic exists across the firm.”

By instructing us, you can be confident that you have some of the country’s most talented and experienced Criminal Law Solicitors on your side. Our aim is to secure the best outcome for you, and we will fight tenaciously to achieve this.

What are the police powers to stop and search people?

The police have a variety of legislative powers to stop and search people, including (but not limited to):

• Stop and search under the Police and Criminal Evidence Act (PACE) 1984 – This is the most common type of stop and search. The police must have reasonable grounds to suspect that the person is carrying stolen or prohibited article such as an offensive weapon, firework, or any other item that has been made or adapted for use in theft, burglary, fraud, or criminal damage.
• Stop and search under section 60 of the Criminal Justice and Public Order Act 1994 – People and vehicles in a certain area for a set period of time can be stopped and searched by a police officer for offensive weapons or dangerous instruments. Officers do not need ‘reasonable grounds’ to conduct a stop and search under section 60; therefore, it must be authorised by an officer of at least inspector rank.
• Stop and search under the Misuse of Drugs Act 1971 – The police can stop and search anyone they suspect of having controlled drugs in their possession.
• Police, Crime, Sentencing, and Courts Act 2022 – police officers can stop and search a person who has been issued a Serious Violence Reduction Order (SVRO) by the Court. An officer can conduct the search without needing to have reasonable grounds or prior authorisation from a senior officer.

What is GOWISELY in terms of stop and search?

When performing a stop and search, the constable should follow a process known as ‘GOWISELY’:

• Grounds -The constable must explain what they expect to find, such as drugs or a weapon.
• Object – They must explain what specific item they are looking for.
• Warrant card – If they are not in uniform, they must show their warrant card.
• Identification – They must provide their police identification number and station.
• Station – They must tell you the police station to which they are attached
• Entitlement – They must inform you of your right to obtain a copy of the search record
• Legal power – The constable must clarify the legal power they are using to perform the stop and search (for example the Misuse of Drugs Act 1971).
• You are detained – You must be told that you are being detained for the purpose of a search.

What happens during a stop and search?

During a stop and search, the police officer can ask you to remove your coat and gloves. The constable may also ask you to remove other items of clothing and anything you are wearing for religious reasons – for example, a veil or turban. If they do, they must take you somewhere out of public view. Your bag/s, and anything else you are carrying can also be searched.

What are my legal rights during a stop and search?

During the search, you have the right:

• Not to give your name or address unless the police believe you have committed a crime.
• Not answer any questions.
• To receive a copy of the search record.
• To have an officer of the same sex present if you are required to remove more than your coat and gloves.
• To film the stop and search, or allow another to film – unless the recording may be used for the purpose of terrorism.

Can my property be seized?

During a stop and search, if the police find items they believe have been obtained illegally, are prohibited, or could be used to commit a crime, they have the right to take them from you. This could include drugs, weapons, stolen goods, or tools that could be used in a crime (for example a crowbar or baseball bat). The constable must give you a receipt for anything they seize.

How can Reeds Solicitors help?

If you are unhappy with how the stop and search procedure was conducted, believe the law was not followed correctly, or are concerned that the police exceeded their powers, we can advise you on the steps you can take to retrieve your property and make a complaint.

If the stop and search leads to you being arrested, our team will tenaciously investigate not only the stop and search process but also your arrest and the criminal charges brought against you. Our  team  will work pro-actively at the investigation or “pre-charge” stage to persuade the Crown Prosecution Service not to charge you with a crime, potentially saving anxiety and money. If your case does go to Court, we will work relentlessly to secure the best outcome for you,. Your case will be meticulously prepared and if required, we can instruct the  top UK barristers  including leading King’s  Counsel to represent you.

As a Legal 500 Top Tier firm run by recognised “Leading Individuals”, our lawyers stop at nothing to get the right result.

Our Solicitors are regularly mentioned in the Legal 500 and in 2023 and 2024, we were named one of the UK’s top law firms by The Times, specially commended for criminal law.

‘Stuart Mathews has a razor-sharp intellect and superb client care skills. He is a ferociously hard worker and takes time to unpick a case. Julian Richards brings his huge experience of criminal law to each case and thereby creates a very calm, forensic approach to his work. Clients love him.’ – Legal 500

Our Criminal Defence Solicitors have the expertise and experience required to advise and represent you if you are subject to a stop and search. Please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.