Illegal Stop and Search ...!?!

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In the UK, police officers have the authority to stop and search individuals under specific statutory powers. However, they cannot do so arbitrarily—the law outlines precise grounds, required procedures, and individual rights.

1. When Can Police Search You?

Suspicion-Based Searches (Standard)

In most cases, an officer must have "reasonable grounds to suspect" that you are carrying:

• Illegal drugs (Misuse of Drugs Act 1971)
• Offensive weapons or blades (Section 1, PACE 1984)
• Stolen property
• Tools used to commit crimes (e.g., crowbars, wire cutters)
• Fireworks intended for antisocial use

What counts as "reasonable grounds"? It must be based on objective facts, reliable information, or specific suspicious behavior. Officers cannot stop you solely based on race, religion, age, appearance, or previous criminal convictions.

Suspicion-Less Searches (Special Powers)

In exceptional circumstances, police can search people without individual suspicion:

• Section 60 (Criminal Justice and Public Order Act 1994): Authorized by a senior officer for a designated area and time limit when serious violence is anticipated.
• Section 47A (Terrorism Act 2000): Authorized in rare situations where a terrorist attack is deemed imminent.
• Public Order Act 2023: Expanded powers to search for objects intended to cause severe disruption (e.g., "locking-on" devices at protests).

2. What Officers Must Tell You (GOWISELY)

Before searching you, an officer must provide key information. Police use the GOWISELY acronym to remember these steps:

Letter	Requirement
G	Grounds: Why they are searching you.
O	Object: What specific item they are looking for.
W	Warrant Card: Showing ID (if they are not in uniform).
I	Identity: The officer’s name and warrant/police number.
S	Station: Which police station they are attached to.
E	Entitlement: Reminding you that you are entitled to a copy of the search record.
L	Legal Power: The specific legislation being used (e.g., PACE Section 1).
Y	You are detained: Confirming you are detained for the duration of the search.

3. Your Rights & Limitations

• Removal of Clothing in Public: In a public area, officers can only ask you to remove your outer coat, jacket, or gloves (JOG).
• More Thorough Searches: If officers ask you to remove items worn for religious reasons (e.g., a veil or turban) or additional clothing, it must be done out of public view (e.g., in a police van or station) by an officer of the same sex.
• Staying Silent: You do not have to provide your name, address, or answer any questions during a stop and search (unless you are being formally arrested or driving a vehicle).
• Written Record: You are entitled to a receipt or record of the search, either immediately or by visiting a police station within 3 to 6 months.

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Failure to Follow This Procedure Is An Assault.

If police officers fail to adhere to the mandatory GOWISELY requirements under PACE Code A, the search becomes legally unlawful.

The moment a search becomes unlawful, the officers lose their statutory protection to touch, detain, or search you. Consequently, any physical contact or restraint applied during that search legally constitutes assault and battery.

However, how they are held accountable depends on whether you mean criminal charges or civil lawsuits.

1. The Legal Reality: Civil vs. Criminal

While an unlawful search makes any physical contact technically a criminal offense, how it actually plays out in court usually takes one of two paths:

Path A: Civil Lawsuit (Where "Suing for Assault" Works)

In a civil court, you can directly sue the police force for Assault and Battery (along with False Imprisonment/Unlawful Detention).

• Why this works: You do not need permission from prosecutors to bring a civil claim.
• The legal argument: Because the officers failed to follow GOWISELY, they had no lawful authority to detain or touch you. Therefore, putting hands on you, grabbing your arms, or placing you in handcuffs counts as unlawful battery.
• Result: The courts routinely award financial compensation (damages) to victims of unlawful searches where procedural rules like GOWISELY were broken.

Path B: Criminal Charges (CPS Decision)

As noted earlier, you cannot personally press criminal charges against an officer; only the Crown Prosecution Service (CPS) can do that.

• The challenge: For minor procedural failures (e.g., an officer forgot to state their police station or forgot to inform you of your right to a search record), the CPS will rarely prosecute an officer for criminal assault unless there was excessive, malicious, or brutal force involved.
• Disciplinary action: Minor breaches of GOWISELY are usually handled internally as misconduct or professional standards breaches through the police complaints process rather than criminal court.

2. Impact on Criminal Prosecutions Against You

If the police searched you unlawfully (failed GOWISELY) and found something illegal (or if you were charged with "obstructing a police officer" or "assaulting an officer during the search"), the unlawful procedure gives you a powerful defense:

• Exclusion of Evidence (Section 78 PACE): Your defense solicitor can apply to have any evidence found during the search thrown out of court because the search was executed unlawfully.
• Invalid Charges: You cannot legally be convicted of "obstructing a police officer in the execution of their duty" if the officer was not acting in the lawful execution of their duty due to failing GOWISELY.

Summary

Consequence	Outcome of Failing GOWISELY
Is the search legal?	No. It is null and void under PACE Code A.
Can you sue them for Assault?	Yes. In civil court, physical force during an unlawful search is legal battery.
Will CPS criminally charge them?	Unlikely for minor technical slip-ups, unless significant/excessive force was used.
What happens to evidence found?	Highly vulnerable to being thrown out of court under Section 78 PACE.