PACE CODE A
Stop & Search
Police can stop you in public. However, to SEARCH you, they generally need "Reasonable Grounds" to suspect
you are carrying illegal items (drugs, weapons, stolen
goods).
The G.O.W.I.S.E.L.Y Protocol
G - Grounds
The clear reason for their suspicion. Cannot
be "You look nervous".
O - Object
What are they looking for? This limits the
search (see below).
W - Warrant Card
If in plain clothes, they MUST show ID.
I - Identity
The officer's name or shoulder number.
S - Station
The station they are attached to.
E - Entitlement
You are entitled to a receipt (record) of
the search.
L - Legal Power
e.g., S.1 PACE (Stolen goods/weapons), S.23
Misuse of Drugs.
Y - You
"You are detained for the purpose of a
search".
Scope of Search
1
J.O.G. Rule
In public, they can typically only ask
you to remove Jacket, Outer Coat, and Gloves. Any more than that (removing shoes,
t-shirts) must be done out of public
view (e.g., inside the van).
2
Logic of the Object
They can only look where the item could reasonably fit. If they suspect you of stealing a bicycle or TV, they cannot
look in your wallet or small pockets.
Giving Details
You generally DO NOT have to give
your name and address during a stop and search.
EXCEPTION If the search reveals illegal items, you will be
arrested, and then you must provide details or be
detained longer.
Timing
The officer must provide the GOWISELY
information before the search or
as soon as practicable. If they search you first and
tell you why later, the search may be unlawful.
Read the Deep Dive
Detailed scenarios: Smell of Cannabis,
"Reasonable Grounds", and Section 60.
→ ROAD TRAFFIC ACT 1988
Traffic Stops
Police can stop you in public vehicle (on a road).
They do not need a reason to stop you (unlike
stopping a pedestrian). However, once stopped, they
need powers to do anything further.
What you MUST provide
-
✅ Driving License
-
✅ Insurance Certificate
-
✅ MOT Certificate
-
✅ Your Name & Address
-
✅ Vehicle Owner's Name/Address
*In modern times, they check most of this on the
computer. But you legally have to produce it if
asked.
The "7 Day Producer" (HO/RT/1)
If you don't have your documents with you, the
police may issue a form allowing you to bring
them to a police station within 7 days.
IMPORTANT: This is discretionary.
It is NOT an automatic right. If they suspect you
are uninsured or cannot verify your ID, they can seize
the car immediately. Do not "demand" a producer.
Breathalyzers & Drug Swipes
They can request a breath or drug test if:
-
They suspect you have been drinking/taking
drugs.
-
You have committed a moving traffic offence.
- You have been involved in an accident.
Refusing to provide a specimen is a separate criminal
offence (usually resulting in a ban).
PACE S17 & S18
Police at Your Door
Generally, police cannot enter your home without a
warrant or your permission. However, there are
specific emergency powers.
Section 17 PACE (Emergency Entry)
They can enter and search without a warrant to:
-
🔴 Save life or limb
-
🔴 Prevent serious damage to property
-
🔴 Arrest someone for an Indictable Offence
-
🔴 Recapture an escaped prisoner
Search Powers Inside
The "One Room" Rule: Even if they enter legally (e.g. to finish an arrest),
they cannot ransack the house looking for evidence
unless:
1. They have arrested you inside the house (S.32 PACE)
- they can search the rooms you have been in for evidence
related to THAT offence.
2. They have a S.18 Inspector's Authority.
3. They find drugs/weapons in plain sight.
"The Caution"
"You do not have to say anything. But it may harm
your defence if you do not mention when questioned
something which you later rely on in court. Anything
you do say may be given in evidence."
What this means
It is not a pure "Right to Silence" like in the
US. If you stay silent now, but later in court
present an alibi ("I was at my Mum's"), the
court can ask "Why didn't you tell the police that when
they asked?" and infer you made it up later.
ADVICE: Always take legal advice
before deciding whether to answer questions or go
"No Comment".
The Duty Solicitor
You have the right to free, independent legal
advice at the station.
- ✅ It is FREE (Legal Aid).
-
✅ They are INDEPENDENT (Not police
employees).
-
✅ They can come to the station 24/7.
-
✅ Never agree to be interviewed without
one.
Samples (DNA/Prints)
Once arrested and authorized by a senior officer
or for specific recordable offences, they CAN take DNA, fingerprints, and photos by force if necessary.
You cannot refuse this.