Policy P19 - Stop and Search | South Yorkshire Police

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The Authorised Professional Practice (APP) has been approved by the College of Policing as the official and most up-to-date source of professional practice on policing. South Yorkshire Police have adopted APP as their Statement of Agreed Policy. This is the agreed policy on Stop and Search and you may wish to refer to the APP section now.

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.

Important changes made on the 26^th August 2014. It is critical that all affected personnel read the Associated Procedural Instruction, which reflects important changes brought about by the Home Office ‘Best Use of Stop and Search Scheme'.

This policy should be read in conjunction with the Best Use of Stop and Search Scheme (BUSSS) - Engagement and Communications and Information Management

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

Sporting Events (Control of Alcohol etc) Act 1985

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

The general principles provided in this policy apply to search powers under the Terrorism Act 2000 but officers should seek guidance from PNLD Ref S2057 Legal Index Detail PNLD / A code of practice for stop and searches under s43 and s43A, authorisation and exercise of stop and search under s47A of and Sch 6B to TACT

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 proportionate and ethical use of Stop and Search powers, and recognise its effectiveness in the detection and prevention of crime.

The use of Stop and Search powers directly impacts upon our relationship with the public and it has led to national debate, media scrutiny and friction between the police and public. Apparent disproportionate use with regard to minority ethnic groups is a key area of concern, so 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.

Associated Procedural Instructions

This policy is supported by the following procedural instructions:

Pi19.1 - Lay Observation Scheme

Pi19.2 - Stop and Search Instructions

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 Equality Duty.

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

The Code of Ethics published in 2014 and revised in 2024 by the College of Policing requires us all to do the right thing in the right way.

The 2024 Code of Ethics is not a statutory Code of Practice, it has the same status as other guidance produced by the College. The Code of Ethics is supported by the Code of Practice for Ethical Policing. This is a statutory Code of Practice which provides chief officers with direction on promoting and supporting ethical and professional behaviour within their forces.

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.

Rights of redress for members of the public:

Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.

Initial action should be taken in one of the following ways:

Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.
Visit a local Citizens' Advice Bureau
Contact a Solicitor

Rights of redress for South Yorkshire Police personnel:

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:

Pursue concerns through their line manager.
Contact a First Contact Advisor.
Pursue a grievance formally through the South Yorkshire Police Grievance Resolution Procedure.
Seek advice from their staff association or trades union.

Use procedural instruction Pi23.11 - Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control.

Start Date: 08/12/2003

Review:

This statement of agreed policy is managed by Superintendent, Community Safety Department.

The date for the next review of this policy and Equality Analysis is: 08/06/2024

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Policy P19 - Stop and Search