Operational partnerships - Stop and search SOP (O06a)

O06a Stop and Search

1. Summary of Changes

1.1. The following changes have been made to this Standard Operating Procedure (SOP) in May 2024:

• Paragraph 3.4.1 updated for actions required for when a child or young is stop and searched.
• Paragraph 3.8.3 updated for actions required and context for the EIP searching of children.
• Paragraph 3.12 removed reference to Section 4 Police and Criminal Evidence Act 1984 Road Checks (embedded within Roads Policing policy).
• Paragraph 3.13 updated for Section 60 Criminal Justice and Public Order Act 1994 requirements and new process.
• Paragraph 3.15.5 removed reference to the offering of Ride Along Schemes (under review by HR)

2. What this Procedure is About

2.1. This SOP is to give mandatory direction to operational staff as to the interpretation and application of Policy O06 - Stop and Search.

3. Detail the Procedure

3.1. The key principles in relation to the use of stop and search powers by Kent Police are aligned to the guidance within the Authorised Professional Practice (APP) on stop and search and detail the importance of a fair and effective encounter:

• the search is justified, lawful and stands up to public scrutiny
• the officer has genuine and objectively reasonable suspicion that he or she will find a prohibited article or item for use in crime
• the person understands why they have been searched and feels that they have been treated with respect
• the search was necessary and was the most proportionate method the police officer could use to establish whether the person has such an item
• all stop searches must be recorded on the Mobile First APP at the time of the stop, where practicable, or as soon as possible after the search. Officers can do this on their mobile devices and a unique reference number will be generated by the APP which should be provided to the individual. Each search subject should be given the opportunity to scan the QR code to provide feedback, compliments, or complaints. If an arrest takes place officers must complete the record as soon as practically possible.
• all search records will be reviewed by a supervisor. Attention will be paid to fairness, legal in basis and application, proportionality, professional and the diligent recording of GOWISELY with detailed reasonable grounds. A BWV review by the supervisor will support this process.
• the quality of the encounter is of great importance. The person searched should be left with the best possible impression of Kent Police given the circumstances. Officers must demonstrate respect to the person and their dignity. They should seek to gain their co-operation where at all possible with an understanding and acknowledgement that poorly conducted searches and encounters can undermine legitimacy, trust and confidence in policing.

3.2. Below is the information which must be given to all persons prior to being searched. This must be explained in a clear, respectful and professional manner:
G rounds for the search
O bjective of the search
W arrant card if not in uniform
I dentification
S tation attached
E ntitlement to a copy of the search record*
L egal Power used
Y ou are detained for the purpose of a search
*(at the time or within 3 months from a police station if recorded digitally at the time).

Since January 2023 Kent Police have trained officers with the term ‘GOWISELY-R.’ The legal requirement of giving a person searched ‘GOWISELY’ remains fundamental to this with the addition of ‘R’ standing for Respect. This will enhance the guidance within this SOP and ensure officers remain aware of the importance of respecting the individual, the intrusive nature of a stop search and impact it may have on the person, community or wider trust and confidence in policing.

3.3. Reasonable Grounds:

3.3.1. The decision to stop and search a person must be based on objective factors. The only way to be certain of treating everyone fairly, irrespective of personal factors, is to apply an objective test as the trigger for exercising stop and search powers.

• The officer must genuinely suspect that they will find the item searched for.
• It must be objectively reasonable for them to suspect this, given the information available to them.

3.3.2. This means that a reasonable person given the same information would also suspect the individual of carrying the item. The reasonable grounds must be recorded clearly and in full within the Mobile First record so that a reasonable person, or person searched accessing this information at a later date, can understand the rationale recorded.

3.3.3. Certain factors cannot be used to formulate grounds for search, for example:

• Age
• Ethnicity
• Previous Convictions

3.3.4. With regard to the smell of cannabis alone the APP guidance recognises it is difficult for the College of Policing to provide further clarity, except to say that it is the responsibility of individual officers to ensure that searches based only on the smell of cannabis can be justified and are carried out in accordance with PACE Code A. Code A states that reasonable grounds for suspicion must relate to the likelihood that the object in question will be found. This would suggest it is not good practice for an officer to base his or her grounds for search on a single factor, such as the smell of cannabis alone or an indication from a drugs dog.

To help an officer decide if their grounds for a cannabis search are reasonable, they should ask themselves the following questions:

• Attribution – Can the smell of cannabis be attributed to a specific person?
• Likelihood – How likely is it that I will find the cannabis I can smell on this specific person?
• Genuine suspicion – Taking everything into account, do I have a genuine suspicion that I will find cannabis on this person and is there an objective basis for that suspicion based on facts, information and/or intelligence?
• Reasonable person – How would my grounds sound to a reasonable person? Would they reach the same conclusion as me, as required by PACE Code A?

3.4. Where searches are conducted using the powers of any act which provides authority to search, the search will be recorded on the Mobile First APP. This will be completed for all searches and the subject will be offered a reference number. Officers may wish to also record details in their (e)PNB however the use of the Mobile First APP is mandatory.

3.4.1 Where a child or young person is stopped and searched and there are any safeguarding, safety or welfare concerns regarding the individual, the officer should seek advice from a supervisor or the Central Referral Unit. Officers must submit an AWARE child risk assessment and if appropriate an Intelligence Report which relevant dissemination. Consideration must be given to contacting the child or young persons parent, guardian or other relevant person with parental responsibility.

3.4.2 In the case of a child stopped and searched under the age of 10 years, in addition to the procedure at paragraph 3.4.1 above, other than in exceptional circumstances the officer must arrange for the parent, guardian or other relevant person with parental responsibility of the child to be informed and consult a supervisor if this does not occur immediately.

3.5. The stop and search record will be automatically submitted to a supervisor for comprehensive quality assurance in relation to recorded grounds, justification and professionalism of the stop and search encounter. Body Worn Video (BWV) will be reviewed to support this supervisory requirement.

3.5.1 When dealing with a stop and search encounter, police personnel must give due regard of any person becoming vulnerable to radicalisation and consider a referral to ‘Prevent’

3.6. Extent of Search:

3.6.1. No more than Jacket, Outer coat and Gloves (JOG) in public.

3.6.2. Ask yourself if:
• You can find the item by just asking the person remove JOG;
• It is reasonably necessary, bearing in mind the item being looked for, to put your hands in the inside pocket of an outer garment, feel around the collar, socks and shoes, or search hair.

3.6.3. You can then do these in public - although, if you want someone to remove their headgear so you can search their hair, you should consider if it is being worn for religious reasons. If it is, you should allow removal to be done out of public view, if possible with an officer of the same sex as the person being searched.

3.7. More thorough search:

3.7.1. Ask yourself if it is necessary for you to require more clothing to be removed. If it is:
• You need to take the person out of public view - police station, police van, elsewhere out of public view - the street is always public, even when empty
• Let the person decide if they are happy to be searched by the officer present as the sensitivities around being misgendered would make an individual feel very alienated and invalid, unless only headgear or footwear is being removed in addition to JOG
• The search should not take place in the presence of the opposite sex unless specifically requested by the person.

3.7.2. Remember to be sensitive to religious considerations if requiring the removal of headgear.

3.8. Search Exposing Intimate Parts of the body (EIP)

3.8.1. Bearing in mind what you are looking for, is it reasonable and necessary for you to require removal of clothing that would expose intimate parts of the body?

3.8.2. The APP and this SOP requires you to consult with a supervisor prior to carrying out an EIP search, to explore the reasons why it is necessary and proportionate in the circumstances. The final decision to search remains yours unless the supervisor gives you a lawful order not to proceed. If you cannot contact a supervisor within a reasonable timeframe, you should balance the need for a consultation against the need to conduct the EIP search without further delay. You must be able to explain your reasons for extending the search and the steps you took to contact a supervisor.

3.8.3 Where the person subject to an EIP search is a child or young person (juvenile) the officer searching must seek an Inspectors authority prior to the search. Notification to an Inspector is required immediately after the EIP search should exceptional circumstances apply and authority cannot be sought prior to the EIP search in circumstances such as an immediate risk to the public, subject of search or officers.
Officers must recognise that an EIP search is a significant Adverse Childhood Experience (ACE) for a child. A child first approach must be adopted, which recognises that children’s communication, behaviour and decision making can be impacted by a range of factors including cognitive development, additional needs, emotional maturity, language spoken and previous experiences of policing. Officers must avoid any form of bias and adultification of children by inappropriately making assumptions of lesser vulnerability than others. Officers must ensure the situation is explained in full to the child and communication is appropriate. Officers are to note the requirements at 3.8.6 below regarding the Appropriate Adults presence and all of these details must be recorded on Mobile First.
A child risk assessment must be completed in all cases following the EIP of a child, whether or not a notification has already been sent to social care by custody staff or other means. A safeguarding referral will be sent in all cases.

Conduct of the EIP Search

3.8.4. Individuals must, in the first instance, be asked to express a preference as to whether they wish to be dealt with a male or female. Where grounds for doubt still exist, the test will be: what is the predominant lifestyle that they follow. So if they express a preference to be dealt with a woman but documents and other information suggest they live mostly as male, they will be treated as male. Similar procedures will be invoked wherever an individual refuse to provide a gender preference. At no time may a police officer request sight of a gender recognition certificate.

3.8.5. In addition to the above, officers need to take into account that a trans person may be using clothing items to alter their appearance to help with gender dysphoria and the removal of such items can cause great distress which may make them appear suspicious in their reluctance to remove such clothing.

3.8.6. The EIP search must be done:
• at a nearby police station or other place out of public view (not in a police vehicle)
• by an officer of the same sex as the person
• out of sight of anyone of the opposite sex (unless it is the appropriate adult specifically requested by the person) or of people who do not need to be there
• in the presence of at least two persons other than the person being searched (unless there is a risk of serious harm to the person or someone else)
• in the presence of an appropriate adult if the person is a child or vulnerable adult (unless there is a risk of serious harm to the person or someone else) - a child may not want the adult present but the adult needs to be there for that to be agreed upon.

3.8.7. You should encourage co-operation and minimise embarrassment to the person, for example, by not making them take everything off at once unless it is necessary. You should conduct the search as quickly as possible, letting the person get dressed immediately afterwards.

3.8.8. You may only make a visual examination of the genital area if it is necessary to assist the search. You must not touch the area and you must not search any further under stop and search powers even if you see something in a body cavity.

3.9. Intimate Search

3.9.1. An intimate search may only be conducted after arrest, never under stop and search powers.

3.10. Body Worn Video

3.10.1. All stop searches must be recorded from start to finish on the officers Body Worn Video (BWV), with the exemption of exposure of intimate parts (EIP) searches. With an EIP search the BWV should be covered or directed away from the detainee but audio should remain in operation. Recordings of the entire search should include GOWISELY and any subsequent arrests or disposals. Where appropriate, the officer should explain that the entirety of the search will be recorded on BWV and see policy O47 Body Worn Video for further guidance.

3.10.2. If an officer is unable to record during the stop search, their rationale must be documented in their (e)PNB, recorded within the stop search submission and brought to the attention of their supervisor.

3.10.3. Where an officer carries out a stop search using BWV they must ensure that this footage is saved and made available to reviewing officers as soon as reasonably practicable. This should include the completion of the Mobile First APP with the subsequent BWV reference uploaded.

3.10.4. Where Section 60 Criminal Justice and Public Order Act 1992 has been authorised officers should comply with sections 3.10.1-3.10.3.

3.10.5. Where an officer is carrying out plain clothes patrol this would be suitable justification for BWV not to be worn overtly, however, this should be carried with the officer for activating once a person is approached and the officer identifies themselves as a Police Officer if in plain clothes.

3.11 Use of handcuffing during stop search encounter

3.11.1. The APP highlights this important area and Kent Police will support the below:
• Officers must only use handcuffs when it is lawful, necessary and proportionate. It would be unlawful for an officer to handcuff a person during a stop and search simply as a matter of routine. Whenever handcuffs are used, officers must only use them for as long as their use remains lawful, necessary and proportionate. After this time period, the handcuffs must be removed.
• Officers should have an objective basis for using handcuffs during stop and search. Officers will be better placed to communicate why their use of handcuffs is lawful, necessary and proportionate when their decisions are based on the facts, information and/or intelligence.
• Where practicable, the officer should explain to the person they are stopping and searching why it is necessary for them to be handcuffed. Specific reasons should be given, as generic phrases are unlikely to provide sufficient justification for using handcuffs.
• If handcuffs are applied during a stop search a rationale will be recorded within the search record and a use of force form submitted.

3.13. Section 60 Criminal Justice and Public Order Act 1994

3.13.1. On 9 August 2019 the Home Secretary relaxed the conditions set out in the Best Use of Stop Search Scheme (BUSSS) regarding the authority of Section 60. However the case law in Roberts is still relevant.

3.13.2. This means that an Inspector or above (Including an Acting Inspector authorised under PACE) can again now authorise a Section 60 for a constable in uniform to stop any vehicle and search that vehicle and any persons in or on that vehicle, and to stop any pedestrian and search that pedestrian, for offensive weapons or dangerous instruments for where they reasonably believe that incidents involving serious violence may take place and it is expedient to do so to prevent their occurrence.
A Superintendent or above can authorise an extension of an existing Section 60 authority for a period up to an additional 24hrs more than the initial authority (maximum of 48hrs in total).
• The case law in Roberts confirms that although the word ‘necessary’ does not appear in section 60(1), the effect of Article 8 of ECHR is that necessity remains relevant to each decision as to whether an authorisation is justified. Any authorisation made under section 60 must be made only when the officer believes it is necessary. In practice, in addition to expediency, which is explicit in the 1994 Act, the authorising officer must also have considered the authorisation necessary to prevent serious violence or to find dangerous instruments or weapons after an incident involving serious violence, or to apprehend persons carrying weapons.
• The law provides for initial authorisations to be made for up to 24 hours (extendable for a further 24 hours).
• When a Section 60 is authorised, the District Commander and local CSU Inspector for the District of the search must be informed of the Section 60. A Community Impact Assessment will be completed and consultation with the local community will be conducted and documented in the authorisation document.

3.13.3. Where an authority has been granted to stop and search in anticipation of violence, the authority, rationale, activity completed including community consultation, policing options, media, briefing/debriefing and outcomes will be recorded using the form listed below:
• https://app.ecis.police.uk/formsRegister/restrict/form.xhtml?id=4535 - This form will be completed by the authorising officer and the Tasking Department within the Tactical Operations Command updated to ensure a Mobile First tasking is created. Once the form is completed in full it will be sent to the Tasking Department for recording of the activity in the force.

• The authorising officer must ensure the resources assigned are effectively briefed and the detail of this captured on Body Worn Video and a stand-alone CAD. The detail of the briefing and CAD record must include as a minimum the points below and further audited within ‘Section 5 Policing Options’ on the Section 60 form:

- Relevant law and guidance
- Grounds for the Section 60 authorisation
- Relevant information and intelligence
- Geographical area covered in authorisation
- Time limitations for authorisation
- Relevant community information (including policing history)
- Community Impact Assessment completed
- Inform officers that debriefing activity will take place by the relevant District Commander with IAG representative
- All encounters must be captured on Body Worn Video
• Search Database – All Section 60 searches conducted must be recorded on the Mobile First APP. Officers must make a note of who they search. The Authorising Officer must allocate a person to add all searches onto the database if it is not practicable to add them to the Force Database at the time of the search or the Officers administering the stop search are from another Force. Those searched must be given the reference number and information on how they may obtain a copy of the search record.
• The District Commander (or their nominated Deputy) for the relevant District where the Section 60 has been authorised will be responsible for the e-form final sign off and sending to the Tasking Department for audit and organisation memory.

3.14. Supervision

3.14.1. The role of the supervisor is of vital importance in relation to stop and search records. All electronic search records will be automatically sent via e-mail to the searching officer’s supervisor, records must be checked for fairness, legal in basis and application, proportionality, professional and the diligent recording of GOWISELY with detailed reasonable grounds. Respect shown to the person searched will be fundamental to this review.
Supervisors are expected to review body worn video of searches as part of the 121-supervision process. Supervisors should be aware of the potential impact of unconscious bias. Supervisors are also encouraged to use the search function on the Mobile First APP to assess the broader use of the power and the equality / fairness of its use.

3.14.2. In order to ensure transparency and monitor the use of stop and search powers Kent Police will conduct a dip check each month of 80 Stop and Search records. These will be collated by Divisional and Departmental SPOCs and updated within the Quality Assessment Framework on the Policing Powers SharePoint page. The purpose of this is to evaluate how officers are recording reasonable grounds, identify learning and best practice in order to share this across the force and further improve the legitimacy of stop and search through the Tactical Policing Powers Board.
Strategic oversight is led by the ACC for Central Operations who will chair the Strategic Policing Powers Board.

3.14.3. Mobile First allows the supervisors to review stop search encounters and ‘Approve’ or ‘Not Approve’ them. Approval of a record indicates that the BWV of the encounter has been viewed and that search has been conducted professionally, ethically and lawfully. A record may not be approved for several reasons; the grounds need further explanation or require clarification from the officer, or that the data required is incomplete or has been inputted incorrectly. All of which needs to be rectified before signing off. Supervisors must follow this up with their officers to ensure it is actioned correctly to reduce the number of records that are shown as ‘Not Approved.’

3.13.4. It may be that the search is unlawful. If this is the case, then the search will not be approved. The supervisor must get the stop and search reviewed by their Inspector who will have the final decision on the encounter. This will allow the Inspector to document whether this is a performance or conduct issue. The Inspector will record the outcome of their review via a MS Form to ensure the force captures and records centrally searches that do not meet the required standard and can disseminate any relevant learning to the force. The MS Form can be found on the Policing Powers SharePoint page or from the Staff Officer to the ACC Central Operations. This will ensure there is a clear audit of where the force get stop and search wrong and what we have done to improve performance.

3.15. Community Engagement and Oversight

3.15.1. There is an independent external scrutiny panel for Kent Police that support the legitimate use of stop and search. The County Independent Advisory Group (IAG) lead chairs a quarterly Policing Powers External Board.

3.15.2. It is acknowledged as good practice to review search records on a quarterly basis with community members. The Policing Powers External Board allows communities to be involved in the oversight and the practical application of stop and search through the sharing of information, activity, data and reviewing Body Worn Video.
It is incumbent on those organising pro-active operations, where an increase in the use of stop and search can be reasonably anticipated, to explore avenues for community engagement and oversight. Kent Police aim to use this power in an open, transparent and fair way in order to ensure we maintain the trust and confidence of our local communities.

3.15.3. Kent Police commits to providing regular data relating to searches and associated arrests on the website www.kent.police.uk. and Police.uk.

3.15.4. A Terms of Reference for the external board sets out the purpose, role and membership of the group.

3.16 Community Trigger

3.16.1. Kent Police records very few Stop and Search complaints. The Home Office 'Best Use of Stop and Search Scheme' states that in Forces where complaints are particularly low, Forces should consider treating every complaint as a 'trigger' - each requiring explanation and scrutiny by community groups. Kent Police have implemented a process to present each stop and search complaint recorded by Kent Police to the Policing Powers Tactical Board by the Professional Standards Department. A brief will also be given at the Strategic and External Board.

3.17 Searching by Trans Officers

3.17.1. Whilst Kent Police awaits NPCC Guidance on this subject a guidance document has been produced by the D&I Academy following consultation. This has been approved by the Stop and Search Strategic lead in March 2024. 

 

4. Equality Impact Assessment

4.1. An Equality Impact Assessment has been completed for this policy. As a result of this assessment the policy has been graded as having a high potential impact.

5. Risk Assessment

5.1. This policy has been assessed as medium risk.

6. Consultation

6.1. The stop and search policy and processes for Kent Police have been developed with oversight and advice from the Independent Advisory Group (IAG) and compliment the College of Policing's Authorised Professional Practice.

7. Monitoring and Review

7.1. This policy will be monitored by the policy owner who also has oversight of the practical application of the powers through the stop and search database and associated data analysis.

7.2. A comprehensive performance pack is developed and published in force on a quarterly basis. It is intended that there should be Chief Officer and SLT oversight at a local and force level. This data is also made available to the IAG with a briefing.

7.3. There is a level disproportionality evident from the analysis of searches nationally. This will be monitored through the Policing Powers Board governance for Kent Police.

7.4. An oversight of the data is useful to ensure an equitable and fair application of the powers and to ensure that our actions are based on intelligence and crime trends. Stop and search figures should never be used as a force, team or individual performance indicator.

7.5. This SOP will next be reviewed in June 2026.

8. Other Source Documents

8.1. APP Stop and Search

8.2. Stop and Search - Section 1 PACE

 

9. Security

9.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy (Policy W1000 – Information Management).

10. Retention and Disposal of Records

10.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal Policy (Policy W1012 – Records Review, Retention and Disposal)