Police and Criminal Evidence Act 1984, section 2

Provisions relating to search under section 1 and other powers

Part I Powers to Stop and Search

(1)A constable who detains a person or vehicle in the exercise—

(a)of the power conferred by section 1 above; or

(b)of any other power—

(i)to search a person without first arresting him; or

(ii)to search a vehicle without making an arrest,

need not conduct a search if it appears to him subsequently—

(i)that no search is required; or

(ii)that a search is impracticable.

(2)If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—

(a)of the power conferred by section 1 above; or

(b)M2of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the Aviation Security Act 1982—

(i)to search a person without first arresting him; or

(ii)to search a vehicle without making an arrest,

it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—

(i)if the constable is not in uniform, documentary evidence that he is a constable; and

(ii)whether he is in uniform or not, the matters specified in subsection (3) below;

and the constable shall not commence the search until he has performed that duty.

(3)The matters referred to in subsection (2)(ii) above are—

(a)the constable’s name and the name of the police station to which he is attached;

(b)the object of the proposed search;

(c)the constable’s grounds for proposing to make it; and

(d)the effect of section 3(7) or (8) below, as may be appropriate.

(4)A constable need not bring the effect of section 3(7) or (8) below to the attention of the appropriate person if it appears to the constable that it will not be practicable to make the record in section 3(1) below.

(5) In this section “the appropriate person” means—

(a)if the constable proposes to search a person, that person; and

(b)if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.

(6)On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in subsection (2) above a constable shall leave a notice—

(a)stating that he has searched it;

(b)giving the name of the police station to which he is attached;

(c)stating that an application for compensation for any damage caused by the search may be made to that police station; and

(d)stating the effect of section 3(8) below.

(7)The constable shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.

(8)The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.

(9)Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed—

(a)as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves; or

(b)as authorising a constable not in uniform to stop a vehicle.

(10)This section and section 1 above apply to vessels, aircraft and hovercraft as they apply to vehicles.

Definitions used in section 2 1

vessel

“vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.

Defined in s.118(1) · see it in the full Act

Cases considering section 2 13

R v Commissioner of Police of the Metropolis and another

[2015] UKSC 79 · 17 December 2015

Before searching, an officer must take reasonable steps to give identifying information and explain the search’s object, grounds and permitted duration. Breach renders the search unlawful. (see paras [33]; [46])

Bristol, R. v

[2007] EWCA Crim 3214 · 4 December 2007

Section 2(2) imposed a duty to take reasonable steps before beginning the search and prohibited commencement until that duty was performed. The court applied that mandatory sequence and held that it had not been observed. (see paras [4]; [18]-[22]) The prescribed matters in section 2(3) informed the section 2(2) duty. The court treated disclosure of the constable’s name and police station as compulsory pre-search information. (see paras [5]; [18]-[22]) The court applied the requirement to provide the constable’s name and station before the search. There was no evidence that either had been given or could not have been given in time. (see paras [15]; [18]-[22])

Mohidin & Anor v Commissioner of the Police of the Metropolis & Ors

[2015] EWHC 2740 (QB) · 2 October 2015Interprets

Interprets section 2 as requiring the officer to give the specified information before commencing a search, subject to reasonable steps being prevented by the person’s conduct. The failure to state the officer’s name and station made the search unlawful (see paras [305]-[312]). Interprets the required information as including the constable’s name, station, search object and grounds. Because the information was incomplete before the search began, the search was unlawful (see paras [305]-[312]).

What each judgment says about section 2 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Modifications

  1. C18S. 2 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(b), Sch. paras. 1-10, 12
  2. C19S. 2(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(b), Sch.
  3. C20S. 2(8)(9) 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(b), Sch.

Marginal citations

  1. M21982 c. 36.