Why are people stopped and searched?

Fact: Stop and search leads to the arrest of 1 in 4 drug dealers and almost all arrests for carrying weapons. Source: Thames Valley Police, 2003

If you are stopped and searched

• Keep calm and cooperate. The police may arrest you if you struggle, swear or shout at them.
• The police can stop and search you but must say why. Being young, black or dressed ‘unsuitably’ are not real grounds for suspicion.
• If the police search you illegally they could have committed an assault.
• You can be charged with obstruction if the police have good reason to search you and you refuse.
• Ask a friend or witness to note what happens. Wherever possible the police must write a search report. Ask for a copy and the officer’s name.
• If police ask you to go to the station voluntarily you may refuse. The police may decide to arrest you and then you will have to go.
• If you have not been arrested and go to the police station voluntarily, you may leave anytime.
• If you have committed an offence you must provide your true name and
  address.

If you arrested:

• You are entitled to free legal advice.
• Avoid signing anything or answering questions except your name and address until you speak to a solicitor.
• You have the right to ask police to tell someone where you are.
• You should receive the Codes of Practice explaining the procedures police should follow.
• You can not be detained if there is not enough evidence to charge you, unless the police believe it will lead them to further evidence.
• You will normally be tried in a youth court if you are under 18.
• You might go to a remand centre or young offenders’ institution until your next court appearance if you don’t receive bail.

Additional information for under 17s

• A parent/carer or ‘appropriate adult’ such as a worker from the Youth Offending team must be present during police questioning.
• Police questioning must be in a clean and heated room with regular food breaks. You should not be put under unreasonable pressure.
• You cannot be held by police unless a custody officer certifies that it is impracticable to transfer you to local authority accommodation.
• The court may ask social and health care to find you a place to stay or you might go to a remand centre.