Support for children involved in or at risk of crime

Stop and search: know your rights.

Source: Just Kids for Law

Police have powers to Stop and Search where they are concerned that a crime has taken place or is about to. Police officers use an acronym called GOWISELY when doing this. It is important to familiarise yourself with this.

• Grounds: Police officers must give the basic information about the grounds for being searched.
• Object: They must be clear about what they are looking for.
• Warrant/Identity: Unless they are in full uniform, they need to show their warrant card. Even if the same police officer has searched you before they still must identify themselves again.
• Station: The police officer must say which Police station they are from.
• Entitlement: Officers will explain your entitlement to a copy of the written record. The 5090 (A) is a written record or a receipt detailing the reason you were stopped and searched, and the officer who stopped you. 5090 is paper. 5090A is electronic. If you do not want to wait around for this, you have up to three months to ask for the information if you were not provided with it at the time. You can ask for this at any police station. It is important to get as many details as possible about the officer stopping you, so a record of your search can be found.
• Legal power: Police officers must give information about the legal power they are acting under. Usually, this should be which section of the law they are acting under, for example, Section 23 of the Misuse of Drugs Act.
• You are being detained: Police officers must explain that you are being detained under the law to be searched and that it is not voluntary.

When the officer uses GOWISELY this does not have to be in order, but all points have to be covered.

Search Powers under Section 60 of the Criminal Justice and Public Order Act 1994 gives officers additional power to stop and search members of the public in a certain location to reduce the threat of violence.

This power is only for short periods, is regularly reviewed and will only be used for as long as is necessary. An officer has to be in uniform and they have to tell you why they are stopping and searching you when they do so under section 60.

More Thorough Intimate Parts searches (Strip searches) can take place either before or after an arrest. These searches, where intimate parts are exposed, should be conducted out of public view, for example:

• at a home address
• at a police station
• by two officers of the same sex as you

A Police Inspector must approve this type of search, no matter your age. If you are under 18, an appropriate adult must be present. The only time this can be overridden is when the Inspector identifies a risk of serious harm, for example, the risk of swallowing drugs or using a weapon to harm yourself or others around you.