Stop and Search Powers: 2023 Update

The revised Police and Criminal Evidence Act (PACE) Code A, came into effect across England and Wales on 17 January 2023. This followed a statutory consultation that has had wide-reaching implications.

The revised Code updates police powers to stop and search persons and vehicles, along with the requirements officers must follow when making a record of a stop or encounter.

Reasonable Grounds for Suspicion

The Code explains what can constitute ‘reasonable grounds for suspicion’ which justifies an officer’s decision to conduct a search of an individual or vehicle. Relevant information such as personal description and characteristics are no longer allowed to be considered unless they match any information given during the encounter.

Similarly, a ‘hunch’ or ‘guesswork’ may not be used as grounds for conducting a search. Officers must be able explain why they were suspicious in a way that could easily be understood by someone else.

Serious Violence Reduction Orders (SVROs)

However, a temporary annex (Annex G) has been inserted into the revised code which gives additional powers to the police by section 324E of the Sentencing Act 2020. These extra powers grant officers authority to stop and search individuals subject to SVROs which are civil orders issued by courts when it is suspected someone was carrying an offensive weapon at the time of an offence.

Chris Philp, the Minister for Crime, Policing, and Fire stated that this provision was introduced to “deter habitual knife carriers from reoffending, as well as to protect the public, who might otherwise be the victims of knife crime and knife attacks”.

This measure is currently being piloted across Merseyside, West Midland, Thames Valley, and Sussex Police force areas for 24 months with an additional 6-month saving period allowing courts enough time after piloting has finished to issue SVROs where necessary.

Police Supervisors

Given these new regulations, police supervisors are responsible for monitoring how their officers use their power affects suspects. Any failure to do so could lead to formal performance or disciplinary proceedings being brought against officers who fall short of expected standards.

If you have any queries about stop and search powers, then please contact someone in our Crime Department on 01484 519999.  Alternatively, you can email us at crime@chadlaw.co.uk

Posted by Naila Hussain

Paralegal, Crime and Regulatory Department