Stop and search provides British Transport Police with an
essential tool to detect and prevent crime, gather intelligence and
make communities safer. The purpose of BTP’s stop and search policy
is to deter and detect terrorist activity on the rail network.
Stop and search powers require officers to have reasonable
grounds to suspect an offence has been committed before the search
is conducted. Searches carried out under Section 44 of the
Terrorism Act 2000 are an exception to this. Here you can find out
more about why this search power is used and what you can expect if
you are stopped and searched under this legislation.
What is a
Section 44 Stop and Search?
What
happens if I am stopped and searched?
Who can stop and
search me?
What if i am in a
vehicle?
Where do
stop and searches take place?
What are my
rights?
What is a Section 44 Stop and
Search?
Section 44 of the Terrorism Act 2000 gives police the power to
search any person or vehicle within a defined geographical area,
without the need to have any grounds for the search. This power can
only be used if there is authorisation in place from the Secretary
of State.
Under Section 44 a police officer may stop you and search you,
your clothes, your vehicle or anything you are carrying on your
person or in your vehicle. All stop and searches must be
conducted:
- legally
- courteously
- respectfully
- fairly
What happens if I am stopped
and searched?
Before you are searched the officer should tell you:
- that you must wait to be searched
- the legislative power that allows the search, and your
rights
- their identity
- the station they work for
- what they are looking for
- that you have the right to be given a detailed stop and search
form
You must:
- stop when requested
- stop your vehicle when requested
- comply with the search
If you fail to cooperate or deliberately obstruct a search, you
will have committed an offence and could be arrested.
Who
can stop and search me?
A uniformed officer or a uniformed Police Community Support
Officer (PCSO). Only a police officer can search you. PCSOs may
search your possessions and vehicle, but only when under the direct
supervision of a police officer.
What if I am in a
vehicle?
Your vehicle can be stopped at any time and searched under
Section 44, as long as a current authorisation is in place covering
the area where your vehicle is located.
The officer may search the vehicle, the driver of the vehicle, any
passengers in the vehicle, anything in or on the vehicle or carried
by the driver or passenger. If your vehicle is unattended it may
still be searched.
Where do stop and searches take
place?
You can be stopped and searched under Section 44 if you and/or
your vehicle are within the geographical area defined by the
authorisation. If you are in a public place, the officer will only
ask you to take off your coat or jacket and your gloves. If you are
asked to remove more than the items mentioned above, then this must
take place out of public view and the search must be conducted by
an officer of the same sex as you.
What are my
rights?
If you are stopped and searched, the officer must fill in a form
and offer it to you straightaway unless they are called away to an
emergency. In this case, you can obtain a copy from British
Transport Police anytime within 12 months. The officer will write
down:
- a description of you and/or your vehicle
- your ethnic background
- that you were searched under Section 44 of the Terrorism Act
2000
- when and where you were stopped and searched
- the names and/or numbers of the officers involved in the
search
The officer will ask you for your name, address and date of
birth. You do not have to give this information if you do not want
to unless the officer says they are reporting you for an offence.
If this is the case, you could be arrested if you don’t tell
them.
You will also be asked to say what your ethnic background is
from a list of the national census categories which the officer
will show you. You do not have to say what it is if you don’t want
to, but this information is used to verify that BTP is not stopping
and searching people because of their race or ethnicity.
Remember you are not obliged to disclose personal information
such as your name, address and date of birth unless the officer
says they are reporting an offence. If this is the case you could
be arrested if you don’t tell them.