Search Rights – Children's Law Centre

Can I be searched more than once in the same day?

inico Admin — Fri, 15 May 2020 15:10:06 +0000

There is nothing in law to prevent you being searched more than once in any day, as long as the legal requirements are fulfilled on each occasion.

How do I get a copy of the search record?

inico Admin — Fri, 15 May 2020 15:08:38 +0000

The Police Officer who stops and searches you has to complete a record of the search electronically. After the search you should be given a card a card with your unique reference number and details of how to obtain a copy of the search record on it. You can get a copy of the record for up to 12 months after the stop and search.

What information will be included in a search record?

inico Admin — Fri, 15 May 2020 15:07:12 +0000

The record of a search must always include the following information:
• Your name, or (if it is withheld) a description of you;
• When a vehicle is searched, its registration number;
• The identity of the officer making the search;
• The date, time, and place that you were first detained;
• The date, time and place you were searched (if different from (iii);
• The purpose of the search;
• The grounds for making the search
• The outcome (i.e. arrest, no further action)
• A note of any injury or damage to property resulting from the search

Do the Police have to keep a record of the search? Can I ask for a copy?

inico Admin — Fri, 15 May 2020 15:06:07 +0000

The Police must complete a record of the search electronically. You should receive a card after the search with a unique reference number and details of how to get a copy of the search record after the search has been completed.

What can happen after a search?

inico Admin — Fri, 15 May 2020 15:05:04 +0000

• No further action
• You may be arrested
• The police can make a report to the Public Prosecution Service
• Police may issue a penalty notice or Disorder

Can I leave after a search?

inico Admin — Fri, 15 May 2020 15:04:04 +0000

In the absence of any other lawful power to detain, you are free to leave at will and you must be told this.

Can the Police search underneath my clothes?

inico Admin — Fri, 15 May 2020 15:02:58 +0000

The police can only search underneath your clothes if they have reasonable suspicion to believe that you may be concealing a prohibited item or illegal substance. If this is the case, you have to be searched out of public view and the officer who performs the search must be the same sex as you.

Can I be asked to remove a hat/scarf/hijab/cap which is worn for religious reasons?

inico Admin — Fri, 15 May 2020 15:02:05 +0000

A police officer cannot order the removal of a head or face covering except where there is reason to believe that you are wearing the item for the purpose of disguising your identity.

However, if the removal of the item is required for police to properly conduct the search, the officer should permit the item to be removed out of public view. Where practicable, the item should be removed in the presence of an officer of the same sex as you and out of sight of anyone of the opposite sex.

Where can Police carry out a search?

inico Admin — Fri, 15 May 2020 15:00:52 +0000

The search must take place at or near to where you were stopped, unless moving you would protect your privacy.

Police are allowed to enter premises, including school buildings, to search the area and any person on those premises for any bladed or pointed article or offensive weapon. A warrant issued also allows police to search premises for drugs or documents.

Do my parents have to be there when the Police search me?

inico Admin — Fri, 15 May 2020 14:59:52 +0000

You can be stopped and searched without your parents being present or another adult.

The police are not required to tell parents or carers that a search of their child has taken place.