KNOW YOUR RIGHTS

Hi! You’re visiting our Youth Diversion Support  – Stop and Search page maybe you want to know more about your rights or had an experience with the police that didn’t feel right. We’re here to help you understand what should happen and how to protect yourself.

We have a series of videos that walk you through different scenarios. Watch and decide for yourself.

What is Stop and Search?

Police can stop and search you if they have a legal reason to suspect you’re carrying:

Weapons (e.g. knives, guns)

Illegal drugs

Stolen goods

Items that could be used to commit a crime

Why Do the Police Do It?

To prevent crime and keep people safe

To remove illegal weapons or substances

To help investigate crimes

What Should Happen During a Stop and Search?

When you’re stopped, stay calm and listen. The officer must tell you:

Why you’re being stopped

What they are looking for

Their name and police station

The legal power they are using (e.g. Section 1 PACE)

Your rights

That you are being detained for the search

That you’re entitled to a record of the search (Form 5090A – electronic or paper)

If the officer doesn’t give this information, you have the right to ask for it. This explanation is remembered using the acronym GOWISELY (explained below).

What Are Reasonable Grounds?

Officers must have objective reasons for the search not just a hunch or how someone looks. You cannot be stopped and searched based on your race, age, religion, or other protected characteristics.

Reasonable grounds could include seeing suspicious behaviour or receiving credible information.

Do I Have to Give My Name or Details?

No, unless:

You’re suspected of a crime

You witnessed a crime and are being asked for evidence

You’re being arrested

During a stop and search, you’re not legally required to give your personal details unless one of the above applies.

Constructive Possession and Joint Enterprise?

Even if you’re not holding something illegal, you can be charged if:

You’re carrying something for someone else

You’re aware that someone in your group has an illegal item

This is called constructive possession or joint enterprise. It’s especially important for young people to be aware of this.

Types of Searches?

More Thorough Searches

This can involve removing outer clothing like jackets, hats, or gloves.

Strip Searches (MTIP Searches)

These follow strict rules:

Must take place in a private location (usually a police station)

Never on the street or in view of the public

Two officers of the same sex must be present

If you’re under 18, an appropriate adult (e.g. a parent or guardian) must be present unless there’s an urgent risk

Section 60 – Stop and Search Without Suspicion

Usually, police need a reason to search you. However, under Section 60, officers can stop and search anyone in a certain area for a set time without suspicion, if authorised due to a risk of serious violence.

Example:
“A Section 60 is in place from 5:00pm to midnight covering the N9 area.”

The police must explain this to you if it’s in effect.

Can Police Use Force?

Yes, but only if it’s necessary and proportionate. If you refuse to cooperate, officers can use reasonable force, but they must still follow legal guidelines.

What If You Think the Search Was Unfair?

You can make a complaint if you think the stop and search wasn’t handled properly. You have the right to:

Call 101

Visit a police station

File a complaint online:

Met Police Complaints: https://www.met.police.uk/fo/feedback/complaints/complaints/

IOPC (Independent Office for Police Conduct): https://www.policeconduct.gov.uk/

The IOPC is an independent watchdog for police complaints across England and Wales.

      Final Tip: Know Your Rights!

Being stopped and searched can feel stressful, but knowing your rights helps you stay in control. Stay calm, ask questions, and remember: you have rights.

The officers use an acronym called GOWISELY.

What is GOWISELY?

Officers use GOWISELY to make sure they follow the rules when stopping and searching someone. This is what it means:

G – Grounds: Why you’re being stopped

O – Object: What they’re searching for

W – Warrant card: Shown if not in uniform

I – Identity: Their name and badge number

S – Station: Where they’re based

E – Entitlement: You can get a written search record (Form 5090A – electronic; 5090 – paper)

L – Legal Power: The law that allows them to stop and search you (e.g. Section 23 Misuse of Drugs Act)

Y – You are being detained: They must clearly say this is not voluntary

The officer must cover all of these points, though not necessarily in this order.