Strategic Link

Creating and maintaining a professional workforce capable of delivering an effective and efficient service.

Policy Scope

Stop and Search legislation is a valuable tool in combating crime and ensuring safety for communities. South Yorkshire Police will use the powers of Stop and Search fairly, responsibly, respectfully and without unlawful discrimination, thereby reassuring the public of South Yorkshire.

By undertaking Stop and Search and utilising intelligence–led policing to identify areas of high crime potential, South Yorkshire Police will seek to reduce the overall numbers of specific crimes and unlawful drug usage.

This policy will apply to all Police Officers and any other South Yorkshire Police employees authorised to undertake searches of people or vehicles under the Police and Criminal Evidence Act 1984.

The policy will also apply to searches authorised under the following Acts;

Criminal Justice & Public Order Act 1994 Sec 60

Sporting Events (Control of Alcohol etc) Act 1985

Misuse of Drugs Act 1971, Sec 23

Firearms Act 1968, Sec 47

Terrorism Act 2000, Sec 43

Aviation Security Act 1982, Sec 27(1)

Customs and Excise Management Act 1979, Sec 163 and 164

Poaching Prevention Act 1862, Sec 2

Deer Act 1991, Sec 12

Conservation of Seals Act 1970, Sec 4

Protection of Badgers Act 1992, Sec 11

Wildlife and Countryside Act 1981, Sec 19

Crossbows Act 1987, Sec 4

Wild Mammals (Protection) Act 1996, Sec 4

It will also affect all supervisory officers who have a responsibility for operational officers carrying out Stop and Searches under above Acts.

The scope of this policy will also extend to the functions carried out by district/department administrators and their staff in updating the force Stop and Search database and all staff providing data for analytical purposes by District Command Teams, Supervisors and other relevant departments.

Policy Aims and Objectives

South Yorkshire Police support the use of Stop and Search powers, and recognise its effectiveness in the detection and prevention of crime. Its correct and appropriate use by officers will lead to effective policing which the public support.

South Yorkshire Police will encourage, support and reassure officers who use these powers appropriately.

The use of Stop and Search powers directly impacts upon our relationship with the public. Historically, the use of Stop and Search has sparked much debate, as well as causing friction between the police and the public, particularly following publication of statistics showing apparent disproportionate use with regard to minority ethnic groups. Our use of this power must be fair and open to scrutiny, balancing the rights of individuals with the safety of the public, whilst at the same time increasing public confidence. It is an area where we will always come under scrutiny for evidence of unfairness or discrimination.

The manner and approach an officer takes should at all times be proportionate, sensitive, lawful and effective in order to ensure public confidence and reassurance.

Associated Procedural Instructions

This policy is supported by the following procedural instructions:

Stop and Search Instructions D51167

Equality Act 2010:

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Human Rights/Discretion

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual's Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this Statement of Agreed policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI)

This policy falls within MoPI: No

Audit Arrangements

This policy together with its Equality Analysis will be reviewed every year

Rights of redress for members of the public

Anyone who feels that a member of SYP staff has behaved incorrectly or unfairly has the right to make a complaint. Initial action should be taken in one of the following ways:

• Complaint in writing or in person to the Senior Officer at the appropriate police station or in writing to the Chief Constable of the force concerned.

• Visit a local Citizens' Advice Bureau.

• Contact a solicitor.

Rights of redress for South Yorkshire Police staff:

South Yorkshire Police staff who feel they have grounds for concern in relation to the implementation of policies may:

• Pursue concerns through their line manager.

• Contact their First Contact Advisor.

• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.

• Seek advice from their staff association or trades union.

• Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control. 

Start Date

8 December 2003