Sec163 Road Traffic Act

A police officer in uniform can also stop and examine any vehicle and speak to the driver. They do not need to suspect you of having committed any offence. They can also require you to produce your driving documents for the vehicle at a police station if you are not able to show them at the time.

The power to stop and examine a motor vehicle does not give a right of search. If the police want to search your vehicle they have to do so under a specific power.

Police Officers are required to use powers of stop and search fairly and without prejudice. They are also required to be as considerate and courteous as possible. Stop and Search Powers allow police to search you, the car you are in or any item you are carrying. The powers also allow police officers to search unattended vehicles. A copy of the search may be obtained from the police station shown on the form upon application made within 12 months of the date of this notice.

When exercising these stop and search powers Police Officers can use reasonable force to detain and search you but they are only allowed to use force if you have been given the opportunity to co-operate and you have refused.

What the Police Officer must do…

Before using any power the officer must take steps to give you the following information:

• His/her name (except for terrorism searches) and the police station he/she is from.
• The object of the search – what he/she is looking for
• The reason for stopping you or the grounds or authorisation for the search – why he/she is searching you.
• Your entitlement to a fully copy of the search record now or if this is not practicable, within twelve months.
• If not in uniform, the officer must show his/her warrant card.
• In a public place you do not have to remove any more than your coat, jacket or gloves.
• If required to remove more that this you must be taken to a police station or a private place. In this case the officer must be of the same sex.
• State the legal power being used to carry out the search
• Advise you that you are being detained to enable the search to be conducted.

When an officer requests a person in a public place to account for themselves, i.e. their actions, behaviour, presence in an area or possession of anything, a record of an encounter must be completed at the time and a copy given to the person who has been questioned.

The record must identify the name of the officer who has made the stop and conducted the encounter, except in the case of enquiries linked to the investigation of terrorism. This does not apply where there are exceptional circumstances e.g. in situations involving public disorder or when an officer’s presence is urgently required elsewhere.

Officers must inform the person of their entitlement to a copy of a record of the encounter.

The following information must be included in the record:

1. The date, time and place of the encounter;
2. If the person is in a vehicle, the registration number;
3. The reason why that person questioned that person;
4. A note of the person’s self-defined ethnic background;
5. The outcome of the encounter.

There is no power to require the person questioned to provide personal details.

A record of an encounter must always be made when a person requests it, regardless of whether the officer considers that the criteria set out in 4.12 have been met. If the form was requested when the officer does not believe the criteria were met, this should be recorded on the form.

All references to officers in this section include police staff designated as Community Support Officers under section 38 of the Police Reform Act 2002.

For further information see Annex A: PACE CODE A – Recording of encounters not governed by Statutory Powers.