Stop and Search

Stop and Search is the police that power for some it is an essential part of the police's toolbox for others it is deeply flawed and often discriminatory in its application. You can explore material in the archive here that explores this subject.

NACRO Leaflet
Stop and Search Leaflet
Police Rampage of Misinformation

The police have the power to stop and search you if an officer has reasonable grounds to believe that you have been involved in a crime, or think that you are in possession of a prohibited item. Prohibited items include drugs, weapons and stolen property. Depending on what the police find on you during a search, you could be arrested.

The power to stop, search and potentially arrest people on suspicion is a longstanding one going back to section 4 of the Vagrancy Act of 1824.

More recently the main legislation that covers police use of stop and search is the Police and Criminal Evidence Act 1984. Searches for controlled drugs are covered by section 23 of the Misuse of Drugs Act 1971. The Police and Criminal Evidence Act 1984 (PACE) is the legislation under which most stops and searches are currently carried out. It was brought in following the repeal of a patchwork of varying powers by individual police forces to stop and search individuals including the controversial ‘sus’ laws, which allowed the police to arrest someone simply for being a ‘suspected person’.

The scope of stop and search has been significantly increased under counter-terrorism legislation. In January 2010, the European Court of Human Rights ruled that stops and searches conducted under section 44 of the Terrorism Act were unlawful as police were not required to demonstrate reasonable grounds for suspicion.12 The court noted that it had been ‘struck by the statistical and other evidence showing the extent to which police officers resorted to the powers of stop and search under section 44 of the Act and found that there was a clear risk of arbitrariness in granting such broad discretion to the police officer’.

How can these artefacts support your teaching and students’ learning?

Stop and Search is a difficult and complex topic. The artefacts show it has always been a topical and controversial issue, which most students will not know. Looking at it from a historical viewpoint requires a high level of critical, analytical and evaluative thinking and enquiry from the students as they have to explore, engage and reflect on ideas, opinions, beliefs and values that will often be the opposite of theirs. Although students may find it hard at times to put their own views aside, the lessons should also assist them to take responsible action if they are ever stopped and/or make an informed decision on the debate, as the artefacts do. There should be plenty of opportunities for them to explore creative approaches to taking action on problems and issues, such as Stop and Search to achieve an intended purpose.

Teaching Stop and Search from a historical point of view provides a wider overview of the role, function and purpose of policing and citizens rights and the relationship between the two over time. Lessons on Stop and Search can also open up opportunities to discuss, debate, reflect and evaluate the effectiveness and impact it has different community groups and their relationship with the police and the criminal justice system since the 1970s onward.

Well planned lessons will also equip students by helping them to identify and apply the main concepts and context behind Stop and Search, such as what is unlawful and unprofessional practice, what powers the police have powers, individuals’ rights and responsibilities and relevant legislation and law and how these have changed over the years.

It can also help students to understand the roles undertaken by people within the legal system to affect change and how this is pivotal to our justice system. How the role of pressure and interest groups, play an important part in providing a voice and support for different groups in society campaigning to bring about a legal change or to fight injustice. Know there are different forms of democratic and citizenship actions people can take to bring about change and hold those in positions of power to account in regard to issues relating to human rights and the justice system. Gain insight into why mutual respect and understanding, and community cohesion are important in a democratic society.

Linking the artefacts to the present day

Stop and Search has not been out of the headlines since the 1970s and has remained controversial due to the racial profiling behind it that disproportionately affects African, Caribbean, Asian and minority ethnic people in particular men.
Its profile has been raised due to the increase in youth, knife and gun crime across the UK and in relation to immigration
It has become even more controversial as under the Terrorism Act, 2000 sections 43 and 74a has given rise to secondary stop and search powers with their own code of practice, which are linked to PREVENT
Since the 1970s there have been many research papers and reports looking at the effectiveness of stop and search which has also added to the controversy concerning its use as both a deterrent and preventive measure against crime.
Since the 1970s to date, the political split between the left and right over the use of stop and search has been fairly consistent and also in keeping with the public and media mood of the times.

Suggested classroom activities

Use old and current news stories or case studies about what happens when the police use stop and search to lead into a discussion or debate about the pros and cons of stop and search (look at why, aims, outcomes, effectiveness etc)
Quiz your students about what they do and do not know about stop and search, and their rights
Get the students to create their own true/false quiz about stop and search
Create a gap-filling exercise based on stop and search rights over the years
Create a stop and search role-play to model some of the scenarios that students might face
Give students some scenarios or case studies (old and new) and get them to discuss and decide if the police have used their stop and search powers lawfully
Compare and contrast police powers of stop and search with citizens’ rights over time
Assess the pro’s and con’s of the scheme which Bernie Grant agreed with local police to improve understanding about stope and search practices.
Set students a task to research the relevant statutes around stop and search and look at how they have changed and why
Ask students to interview or survey their peers to find out their experiences of stop and search and knowledge of their rights
Invite the Safer Neighbourhood Team or your local police lead in to discuss Stop and Search
Compare and contrast stop and search laws and cases based on whether it was linked to the Terrorism Act or Stop and Search laws
An evaluative piece of writing that weighs up police powers against individuals’ rights and the law
Exploring how many different accounts there can be of a single experience e.g. personal, media, official and so on there are.
Evaluating how fact and opinion unconsciously shape the way you see things in a certain way and how you adjust your language accordingly to do so
Investigate the effectiveness of different types of actions that pressure and interest groups can take e.g. lobbying, campaigning, demonstrations etc and look at their effectiveness
Get the students to write an information a blog, leaflet or website for a pressure group outlining their point of view