< Go Back What Is Stop and Search and What Are My Rights? Posted: Nov 1, 2021If you have ever been stopped by the police or if you’ve ever wondered what your rights are if this happens, keep reading to find out more.
What is Stop and Search? The police force in England and Wales have the permission to search anyone if they believe they have reasonable grounds to do so. This will usually take place if the person is believed to have:
Drugs that are classed as illegal.
A concealed weapon.
Property that has been stolen.
Something that has the purpose of aiding crime.
What Is a Section 60 Order? This is essentially a police officer performing a stop and search without any reasonable grounds. This is called a section 60 order. Generally, this can occur in a set area such as a neighbourhood or the whole surrounding borough for a set period. This occurs because there is a genuine reason. This could be a crime that has been committed previously and it could be suspected to happen again.
What Rights Do You Have if You Are Stopped? To perform an arrest the officer needs reasonable grounds to believe you are guilty of the crime. A police officer has the power to arrest you regardless of the location, whether this is work, home, or on the street.
The procedure an officer must follow during an arrest is:
● Notify you they are with the police service.
● Inform you that you are being arrested.
● Tell you which suspected crime they are arresting you for.
● Explain why they need to arrest you.
● Explain that you are no longer free to leave.
What are my rights when stopped by police? You may only ever be stopped by an officer without reasonable grounds if this has been authorised by an officer with a superior ranking. This can occur when:
Extensive violence has taken place.
You have a weapon, or it is believed you intend to use it.
The area you are in is currently under section 60.
Before the police officer conducts the search they must:
State their name and which police station they come under.
What they are looking for, such as drugs or a weapon.
The reason why they want to perform the search.
How they have the power to undergo the search.
Contact Us If you have been suspected of a crime and need a criminal law specialist, look no further than Fosse Law.
Fosse Law can fully stand by you as defence specialists . Our lawyers accept both legal aid and private clients and we’re based in the Leicester and Loughborough area. If you need support from a solicitor in this area, give us a call on 0116 262 0290.
It is also strongly recommended that you contact a solicitor if you are attending a police station. Fosse Law offers a 24-hour police station attendance and our team can meet you straight away if you have been arrested. We offer advice to any client and any advice and assistance are usually covered by legal aid.
