Stop and Search
The report addresses our annual analysis of stop and search usage in West Yorkshire Police including our continued efforts to understand issues of disproportionality within police use of stop and search, differences in find rates and how stop and search aligns with policing priorities.
Home Office Best Use of Stop and Search Scheme
In August 2019 the Government altered the requirements of the Best Use of Stop and Search Scheme as part of their strategy to tackle serious violent crime particularly offences where weapons are involved. West Yorkshire Police continues to carry out stop and search in a fair, transparent and ethical way to reduce crime and increase public confidence.
Police officers across the Force work closely with the community to constantly review and monitor “stop and search” so that we can improve the way we carry it out. In addition, the “stop and search” Community Trigger requires the police to explain to local community scrutiny groups how the powers are being used whenever a public complaint is made. If you have a concern about the way the police are using stop and search within your community, please contact us.
Why do the police stop and search people?
The police stop and search people in order to make communities safer. The main purpose of stop and search powers is to enable police officers to allay or confirm suspicions about individuals without exercising their power of arrest. They can and should use the powers they have to help to reduce the need to arrest people when they are trying to prevent or detect some sorts of crime.
This page aims to help you understand the stop and search procedures, the type of behaviour you should expect from police officers and, in return, what the police can reasonably expect from you.
What is a 'stop and search'?
Police officers can approach you and talk to you at any time. This is not a “stop and search”. They can also stop you and talk to you whilst you are driving a motor vehicle to ask to see your driving licence or other driving documents but again, this is not a “stop and search”.
There are many powers granted to police officers to search people but the main ones most people are concerned with are the powers under the Police and Criminal Evidence Act to stop and search you if the police officer suspects that you are carrying:
- stolen property; or
- an offensive weapon or
- items which could be used to commit some types of crime, like burglary or theft or
- some types of fireworks
or the powers to “stop and search” you if the police officer suspects that you are carrying:
- illegal drugs or
- something you are going to use to commit criminal damage
A police officer should only “stop and search” you if they have a legal power to do so, regardless of whether you consent to being searched or not.
If you are stopped and searched it doesn’t necessarily mean you have done something wrong. It may be that you may simply fit the description of someone the police officer is seeking in connection with a crime, or they may suspect you, because of some other circumstances or report, you are in possession of one of the things listed earlier. Remember though that these are not all the powers that the police have to “stop and search” you – just the most frequently used ones. However, in each case the police officer must have a good reason for stopping and searching you and should tell you what this is. You should allow them to do that, or ask if it isn’t made clear.
There are some occasions when a police officer can search anyone (without them using reasonable suspicion) within a certain area, for example when it is believed that serious violence could take place there, or a terrorist threat has been identified. The authority for them to do so must come from an officer of at least the rank of Inspector and will only be granted when necessary. As normal though, the police officer should explain this to you and must be searching for items to be used in connection with the matter the power is given for.
If you are stopped and searched the police officer will try to be sensitive, discreet and quick - they will do their best not to embarrass or delay you unnecessarily. If you are in a public place, you should only be asked to take off your jacket, outer coat, or gloves. If the police want to ask you to remove more than this, or anything you wear for religious reasons such as a face scarf or turban, they must take you somewhere out of the public view. This does not mean that you are being arrested and in this case, the officer who searches you must be the same sex as you.
Where can I be stopped and searched?
A police officer can “stop and search” you:
- in a public place (like in the street or in a park); or
- in any other place to which people have ready access at the time (for instance a pub or a house’s garden) and
- in addition, a police officer can, if they have good reason to think your car contains stolen goods, drugs or weapons, search it even if you are not there.
What should happen if I am 'stopped and searched'?
If you are stopped by a police officer in order to be searched, they should make you aware of the following:
- that you are being detained for the search
- their name
- which police station they work at
- what made them suspicious of you in the first place
- the aim of the search (that is what they are looking for
- the power they are using
- that you are entitled to a copy of the search record
- if the police officer is not in uniform, they should show you their identity card
- where possible, you should be searched out of public view in order to minimise any potential embarrassment for you
- the police officer may ask to see the contents of your pockets as well as other items you may be carrying such as a bag
If you have difficulty understanding English, for example if you are deaf, then the police must take reasonable steps to ensure that you understand what is being told you.
If your car is searched whilst you are not there, the police officer must leave a note telling you what they have done.
Will I be arrested?
A “stop and search” is not an arrest – remember its main purpose is to try to avoid any need to arrest you. However, if you are found to be carrying something illegal then you may be arrested or prosecuted in some other way, such as being reported for an offence.
What you will be asked
If you have been “stopped and searched” but not arrested or prosecuted in some other way, you will be asked to provide your name and your date of birth. You don't have to give this information if you don't want to.
If you are told you are being reported for an offence you must provide these details. If you do not, you may be arrested.
You may be asked to describe your ethnic origin. You do not have to give this information, but we ask the question so we can monitor the use of “stop and search” powers more effectively.
Your right to a record
If you are “stopped and searched”, the police officer must offer you a receipt or at least a reference number, allowing you to obtain a written record at a later date.
You are entitled to a copy of your search record within three months of the date of search, or twelve months for a search conducted under Section 60 of the Criminal Justice and Public Order Act 1994. If you would like a copy please attend at any main West Yorkshire Police station and quote your reference number. You will need to provide a form of identification (e.g. driving licence, passport, etc.
Stop and Search Feedback Form
If you are ‘stopped and searched’ the Police Officer will give you a receipt or a reference number, which will allow you to request a written record of the search. On the receipt will be a link to an online form which gives the opportunity to provide feedback about your experience. The information you provide will allow West Yorkshire Police to better understand your thoughts, perceptions and feelings and will help shape future organisational activity.
A guide to Police Stop and Search Section 60 Powers
What is a Section 60 and why is it put in place?
You may have seen updates from us informing communities that police have put temporary powers in place to protect residents from violent crime.
These powers are called Section 60 authorities. They give officers the power to stop and search any person or vehicle for weapons in a specific, defined area.
A Section 60 can be authorised by an officer of the rank of Inspector or above if they believe that:
- incidents involving serious violence may take place in an area, or
- people are carrying dangerous instruments or offensive weapons, or
- an incident involving serious violence has taken place in an area, and a dangerous instrument or offensive weapon used in the incident is being carried by a person in the area.
These orders are put in place to keep residents safe, deter criminals and help catch those threatening others.
How large an area can a Section 60 Cover?
Section 60s are only authorised to cover specific areas where violent crime has been prevalent or specific areas in which it is believed violent crime may take place. This could be part of an estate or even just a group of streets.
How long will a Section 60 last?
A Section 60 can be put in place for up to 24 hours. It may be extended by an officer of at least the rank of Superintendent for up to a further 24 hours.
What does it mean if a Section 60 is in place?
It means that police officers can search anyone within a specific area and time frame.
The police officer doesn’t need to have reasonable grounds to stop and search an individual but they must explain the reasons why they are being stopped, including that there is a Section 60 in place.
How can I find out about the outcomes of a Section 60?
West Yorkshire Police is absolutely committed to keeping communities fully updated during the rare occasions Section 60 powers are used.
We will inform you when an order has started, how long it will last and let you know when it has ended, as well as what took place.
Updates are provided on West Yorkshire Police social media and the West Yorkshire Police website. Key partners in communities and local councillors are also kept informed.
When a Section 60 has been authorised, it will be reviewed and discussed at the local Independent Advisory Group (IAG). IAGS are made up of members of the public who reside in our diverse communities and act as a ‘critical friend’. The IAG forum provides an opportunity to engage, consult and discuss the impact of policing on the communities of West Yorkshire.
How Can I Help?
A Section 60 is a proactive power used by the police to keep people safe and we urge communities to work with us and report any information.
You can contact us directly, via our Live Chat system or 101 for non-emergencies. Please find further contact details for the Deaf / hard of hearing.
If you prefer to remain anonymous phone CrimeStoppers on 0800 555 111 or report online to Crimestoppers here.
If you wish to make a formal complaint
We hope that the training that we give to our Police officers and the explanation that information such as this gives will improve understanding of both individual rights and police powers in any circumstance where “stop and search” is used. If though, you believe you were “stopped and searched” unreasonably, or you weren't treated fairly or with respect you have the right to report this and can:
- go to any main police station
- Contact us using our Online feedback forms
- go to a Citizen’s Advice Bureau or
- contact the Independent Office for Police Conduct
It will help if you keep the record that the police officer gave you.
Introduced by the Best Use of Stop and Search Scheme and adopted by West Yorkshire Police is the community trigger which sets a threshold above which the police are compelled to explain their use of stop and search powers. This is primarily, to local community groups responsible for scrutinising the use of stop and search.
West Yorkshire Police has set the threshold at one complaint. It is important to understand that the community trigger requires forces to explain the actions taken regarding a complaint not to be tasked by a scrutiny panel with further work. However, all feedback is considered with a view to improving the service provided to communities.
Community Outcome Meetings
The Community Outcome Meetings between the Chief Constable and the Mayor/Deputy Mayor for Policing and Crime (DPMC) focus on important policing and community safety issues, such as stop and search, which are of a high public interest. The meetings offer greater transparency to communities on how the Mayor/DMPC holds the Chief Constable to account on these important issues and provide an excellent opportunity for the Mayor/DMPC to raise issues with the Chief Constable on behalf of members of the community. Accompanying this is a report which outlines the current position with regard to the use of stop and search in West Yorkshire. See link below for further details.
Stop and Search Ride Along Scheme
Are you interested in seeing how Stop and Search powers are used in your Policing district? Do you have some understanding of Stop and Search powers and want to know more?
The Stop and Search Ride Along Scheme gives members of the public the opportunity to accompany Police Officers on routine patrol and possibly observe the use of Stop and Search powers in action. This meets the requirements of the Home Office Best use of Stop and Search Scheme (BUSSS), and also supports West Yorkshire Police’s ambitions in engaging with its citizens and communities by formalising and opening up the procedure for members of the public to accompany officers on patrol in the area where they live.
Please note, due to the nature of the role, there is no guarantee that people participating in the Ride Along Scheme will witness a stop and search taking place, this is because the police powers of Stop and Search are only used when there is an operational requirement.
Participants in the scheme must:
- Be aged 18 years or above.
- Criminal record checks will be made beforehand and each case will be considered individually.
- You will have to read and agree to the Confidentiality Agreement and Observer Briefing Sheet (which will be provided when you arrive to take part in the scheme).
- Follow any instructions given to you by your accompanying staff member at all times during the Ride Along. For example, if observing incidents you may be asked to leave or remain in a police vehicle to ensure your safety.
- West Yorkshire Police reserves the right to refuse participation in this scheme and to terminate the Ride Along, if it is necessary for the officer or member of staff to carry out their work effectively, efficiently and safely.
- To be considered for a place on the Stop and Search Ride Along Scheme, complete the application form below.
Due to the popularity of the scheme it can take up to two weeks to process your application, it may take longer depending on demand. Once an application has been submitted, we will contact you to arrange a placement on the scheme.
Page last reviewed July 2023.