Police and Criminal Evidence Act 1984, section 1

Power of constable to stop and search persons, vehicles etc

Part I Powers to Stop and Search

(1)A constable may exercise any power conferred by this section—

(a)in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or

(b)in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

(2)Subject to subsection (3) to (5) below, a constable—

(a)may search—

(i)any person or vehicle;

(ii)anything which is in or on a vehicle,

for stolen or prohibited articles [F1, any article to which subsection (8A) below applies [F2 , any substance to which subsection (8AA) below appliesF2] or any firework to which subsection (8B) below appliesF1] ; and

(b)may detain a person or vehicle for the purpose of such a search.

(3)This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles [F3, any article to which subsection (8A) below applies [F4 , any substance to which subsection (8AA) below appliesF4] or any firework to which subsection (8B) below appliesF3] .

(4)If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable grounds for believing—

(a)that he does not reside in the dwelling; and

(b)that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(5)If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing—

(a)that the person in charge of the vehicle does not reside in the dwelling; and

(b)that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(6)If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article [F5, an article to which subsection (8A) below applies [F6 , a substance to which subsection (8AA) below appliesF6] or a firework to which subsection (8B) below appliesF5] , he may seize it.

(7)An article is prohibited for the purposes of this Part of this Act if it is—

(a)an offensive weapon; or

(b)an article—

(i)made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or

(ii)intended by the person having it with him for such use by him or by some other person.

(8)The offences to which subsection (7)(b)(i) above applies are—

(a)burglary;

(b)theft;

(c)M1,F7offences under section 12 of the Theft Act 1968 (taking motor vehicle or other conveyance without authority); . . .

[F8 (d)fraud (contrary to section 1 of the Fraud Act 2006)F8][F9 ; F10...

(e)offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property);F9]

[F11 (f)an offence under section 137 of the Highways Act 1980 (wilful obstruction) involving activity which causes or is capable of causing serious disruption to two or more individuals or to an organisation;

(g)an offence under section 78 of the Police, Crime, Sentencing and Courts Act 2022 (intentionally or recklessly causing public nuisance);

(h)an offence under section 1 of the Public Order Act 2023 (offence of locking on);

(i)an offence under section 3 of that Act (offence of causing serious disruption by tunnelling);

(j)an offence under section 4 of that Act (offence of causing serious disruption by being present in a tunnel);

(k)an offence under section 6 of that Act (obstruction etc of major transport works); and

(l)an offence under section 7 of that Act (interference with use or operation of key national infrastructure).F11]

[F12 (8A)This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 [F13 or 139AAF13] of the Criminal Justice Act 1988.F12]

[F14 (8AA)This subsection applies to any substance in relation to which a person has committed, or is committing or is going to commit an offence under section 6 of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place).

(8AB)In this section references to such a substance include an article which contains such a substance.F14]

[F15 (8B)This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.

(8C)In this section—

(a) “firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003 ; and

(b) “fireworks regulations” has the same meaning as in that Act. F15]

(9) In this Part of this Act “offensive weapon” means any article—

(a)made or adapted for use for causing injury to persons; or

(b)intended by the person having it with him for such use by him or by some other person.

Cases considering section 1 13

Samuels v Commissioner of Police for the Metropolis

[1999] EWCA Civ 883 · 3 March 1999Interprets

The court applied the power to search a person for prohibited articles and detain the person for that purpose, subject to the statutory conditions. The provision formed the basis for assessing the legality of the attempted search. The court treated the statutory power to search for prohibited articles as conditional upon reasonable suspicion. The officer’s suspicion had to be objectively reasonable. The court treated detention for the purpose of a search as dependent on the lawful existence of the search power. Since the reasonable-suspicion requirement was not met, the attempted detention was unlawful. The court interpreted the requirement for reasonable grounds for suspecting that prohibited articles would be found. The requirement was objective and was not satisfied by the circumstances relied upon by the constable. The court recorded that no reliance was placed on the dwelling-place limitation in this subsection. It did not decide the issue. The court used the subsection, together with section 1(8), to identify articles intended for use in burglary as prohibited articles for the stop-and-search power. The court used the subsection, together with section 1(7), to identify articles intended for use in burglary as prohibited articles for the stop-and-search power.

Hicks & Ors, R (on the application of) v Commissioner of Police for the Metropolis

[2012] EWHC 1947 (Admin) · 18 July 2012Interprets

Applies the reasonable-suspicion requirement for searching for prohibited articles, including articles intended for use in criminal damage. The court held that the officers had reasonable grounds for suspicion. (see para [196]) Interprets the search power as requiring reasonable grounds for suspecting that prohibited articles will be found. That requirement was satisfied on the evidence concerning M. (see para [196]) Applies the definition of prohibited articles to articles intended for use in connection with criminal damage. The circumstances provided reasonable grounds for the search. (see para [196]) Applies the statutory inclusion of articles intended for use in criminal damage when assessing the legality of the stop and search. (see para [196])

Tuthill v The Director of Public Prosecutions

[2011] EWHC 3760 (Admin) · 15 November 2011

Applies the requirement for reasonable grounds to detain a person for a search. The court held that intelligence concerning one vehicle, combined with the group’s aggressive conduct, objectively justified searching a member of the group. (see paras [11]; [27]; [29])

1 more judgment, and what each says about section 1, are in the case-law panel in the full Act.

Amendments and notes

20 notes from legislation.gov.uk

Amendments

  1. F1Words in s. 1(2) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(2), 178; S.I. 2005/1521, art. 3(1)(f)
  2. F2Words in s. 1(2) inserted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 10(2), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
  3. F3Words in s. 1(3) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(3), 178; S.I. 2005/1521, art. 3(1)(f)
  4. F4Words in s. 1(3) inserted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 10(3), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
  5. F5Words in s. 1(6) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(4), 178; S.I. 2005/1521, art. 3(1)(f)
  6. F6Words in s. 1(6) inserted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 10(4), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
  7. F7Word in s. 1(8)(c) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
  8. F8S. 1(8)(d) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 21; S.I. 2006/3200, art. 2
  9. F9S. 1(8)(e) and preceding word "and" inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 1(2), 336; S.I. 2004/81, art. 2(1)(2)(a)
  10. F10Word in s. 1(8)(d) omitted (20.12.2023) by virtue of Public Order Act 2023 (c. 15), ss. 10(a), 35(5); S.I. 2023/1418, reg. 2(a)
  11. F11S. 1(8)(f)-(l) inserted (20.12.2023) by Public Order Act 2023 (c. 15), ss. 10(b), 35(5); S.I. 2023/1418, reg. 2(a)
  12. F12S. 1(8A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(1)(c)
  13. F13Words in s. 1(8A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 3; S.I. 2012/2770, art. 2(f)
  14. F14S. 1(8AA)(8AB) inserted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 10(5), 70(1); S.I. 2022/418, reg. 2(b) (with reg. 3)
  15. F15S. 1(8B)(8C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(5), 178; S.I. 2005/1521, art. 3(1)(f)

Modifications

  1. C14S. 1 applied in part (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(a), Sch. paras. 1-10, 11
  2. C15S. 1(1)-(3) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(a), Sch.
  3. C16S. 1(7)(b) modified (15.1.2007) by Fraud Act 2006 (c. 35), ss. 8(2)(a), 15(1); S.I. 2006/3200, art. 2
  4. C17S. 1(6) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(a), Sch.

Marginal citations

  1. M11968 c. 60.