A Section 1 search refers to the stop-and-search power granted to police under section 1 of the Police and Criminal Evidence Act 1984 (PACE). This allows officers to stop and search individuals or vehicles if they have reasonable grounds to suspect they will find stolen or prohibited items. It is one of the most commonly used stop-and-search powers in England and Wales.
Reasonable suspicion is the key requirement for a section 1 search. An officer must have objective grounds to believe that the person is carrying something illegal, based on facts or intelligence rather than personal bias. The law explicitly prohibits officers from using a person’s race, age, clothing, or general appearance as the sole basis for suspicion. However, behaviours such as attempting to evade police or being in a high-crime area may be considered alongside other factors.
When conducting a search, officers must follow procedural safeguards. They must inform the person of the reason for the search, the legal power under which it is being carried out, their name or identifying details, and the station they are from. The search must be conducted with respect and should not be unnecessarily intrusive. If it involves removing more than outer clothing, it must be done in a private area.
If nothing illegal is found, the person is free to go, and no further action can be taken. However, if an illegal item is discovered – such as drugs, weapons, or stolen property – the officer may seize it and make an arrest, if necessary.
Section 1 searches differ from suspicionless searches, such as those under section 60 of the Criminal Justice and Public Order Act 1994, which allow officers to search individuals in a designated area without requiring reasonable suspicion.
Understanding the limits of a section 1 search ensures that you know your rights and can challenge unlawful searches when necessary. If a search is conducted unlawfully, legal remedies, including complaints and civil claims, may be available. Copper Stopper provides a complete breakdown of all aspects of stop and search, including extensive guidance on how to sue the police.
