Police Powers to ask for name and address and Stop and Search
This information is only an outline of the law, if you require more details on stop and search you may wish to contact your local authority or use the links at the bottom of the page.
Do I have to give the police my name and address if they stop me in the street?
The police have the right to stop people and ask them to account for themselves. This would usually involve them asking where are you coming from and where are you going to. You do not have to answer these questions though you would generally be advised to.
There is no general police power to require you to give them your name and address. However you should be very careful here:
The police can require you to give your name and address if they think you have been behaving 'anti-socially'. Since this can cover most cases you should be careful about refusing to give your name and address. Refusing is an offence. (Police Reform Act 2002 Section 50).
To the best of our knowledge there is no power for the police to make you give them your parent's phone number. Nor do the police have the power to take you home against your will - even if there is a dispersal zone in place in your area. If the police ask you to give them your mum or dad's phone number so they can call them you can refuse. If you refuse the police cannot put you into the police car and take you home against your will.
Only a police officer or a police community support officer (PCSO) can stop you. If not in uniform the officer should identify themselves with a warrant card. The PCSO must be in uniform if they stop you. Only a police officer can carry out a full stop and search.
However: a PSCO can search you under anti-terrorism laws when working with a police officer and can search you for weapons if she or he has detained you. A PSCO can also search you for under-age use of alcohol or tobacco if they have challenged you about this and you have not given up the alcohol or tobacco voluntarily. In this case it is an offence not to consent to be searched. (Serious Organised Crime and Police Act 2005 Schedule 8 )
If a police officer decides to search you it will usually be because they are looking for something specific like drugs, a weapon or stolen goods (see next question).
Remember be polite, if you don’t understand a question ask them to put it into terms you do. It is usually best to co-operate. If you have no reason not to then the search will quickly be over (the police are required to conduct searches quickly and not detain you longer than necessary). If you do not co-operate you could be arrested.
A police officer holds the right to stop and search you anywhere when they think you may have in your possession:
- Illegal drugs (including cannabis)
- A weapon
- Stolen property
- Tools to commit acts of violence or criminal damage, including spray cans.
- In certain cases - such as when you are travelling to a sports fixture the police can also search you for alcohol.
- You can also be searched for under-age possession of alcohol or tobacco, though this is under a different set of laws to ordinary stop and search and the powers are more limited
How should the stop and search be carried out?
Before a search is carried out the officer should tell you:
- The reason for the search
- The legal power being used (there are lots of different laws about stop and search and the police should tell you the one they are using)
- The identity of the officer. The officer must show you his or her warrant card if they are not in uniform.
What can a police officer ask me to take off?
If you are searched by a police officer they may ask you to remove your outer layer of clothing including: a jacket or coat, cloves and religious coverings such as veil, face scarf or turban. You may also be asked to turn out your pockets and empty your bag. If you are asked to remove any religious clothing or further items - such as your shoes - you can ask to be taken out of the public view. This might mean being searched in the back of a police van. The police can require you to remove head-gear but in most cases (except when the search is being conducted under the Terrorism Act 2000) you can require that this happens out of public view.
A search requiring removal of more than just outer coverings (for example a t-shirt) must be made by an officer of the same gender as you and must not be made in front of an officer of the opposite gender unless you allow it. Such a search should be made out of public view.
The police can ask you to remove and indeed confiscate anything you are wearing to conceal your identity if an order is in force under Section 60 of the Criminal Justice and Public Order Act 1994. This is more likely to effect you if you are attending a demonstration.
Remember just because you are being searched does not mean you are under arrest.
Yes; as a last resort the police can use force.
If I'm under 18?If you are under 18 your parents will be informed of a search. Your school may also be informed of the situation.
Further details
The police station - why am I here?In general the only occasions that you will be taken to the police station is if you are being arrested or being asked to provide a statement. Unless you have been arrested you do not have to go. (The exception is if you are required by law to provide a sample for drug-testing).
Under 18’s, suffering from a mental illness, or if you are at risk, you may be taken to the station for your own protection.
You have the right to inform someone where you are and why you are being kept.
This is so the police can get more information from you and see if you are lying or not. Interviews are taped for evidence. If you are under 17 you must by law be accompanied by an parent / guardian / carer or other responsible adult. The police also use interviews to 'build a case' against you. For this reason you are strongly advised to exercise your right to consult with a solicitor if you are arrested.
How long can I be held in the police station for?You can be held for up to 24 hours (but this can be extended by a court), unless it’s an extreme case such as terrorism in which case it can be longer. If you are hurt or ill, you can ask to see a doctor.
Body (intimate) searches -Such a search has to be done by someone of the same sex as you. If you are under 17 it should be done in the presence of an appropriate adult. These searches cannot be used as an extension of an ordinary stop and search and can only be made after you have been arrested.
Additional sources of info about stop and search
Association of Police Authorities
Home Office (government)
Making a complaint
If you are searched in the street you should keep a copy of the form (received when searched) especially if you feel unhappy about the way that you were treated. If you feel that you were mistreated you can complain, whether this be because of your race, age, sexuality, gender, disability or religion. You can also complain if you were treated rudely or with excessive force or if the police over-stepped their legal powers in any of their dealings with you.
In general if you want to complain about the police you may be advised first to talk with a youth worker or go into a Citizens Advice Bureau and talk to them. If you complain it is best to be well informed and have specific grounds for your complaint. The government provides some information here: Home Office