Unlawful Stop and Search
In order to carry out the role of protecting the public and tackling illegal activity, the police have the power to perform a stop and search. This power allows them to briefly detain members of the public in order to search for drugs, weapons or other illegal items. However, this power is not always used appropriately, and there are ongoing questions around its effectiveness, as well as its role in targeting ethnic minorities.
The police powers of stop and search are governed by clearly defined regulations which determine when the use of this power is appropriate. If these are not followed, the result is an unlawful stop and search. For the victims of an unlawful stop and search, this can be a distressing and humiliating experience, with the potential to cause a long-term impact.
However, it’s important to be aware that victims of unlawful stop and search do have ways to seek redress – and that includes pursuing a compensation claim. If you have been impacted by unlawful stop and search, you may be able to pursue a civil action against the police. This can result in you being awarded compensation to help offset the damage the incident has caused. Read on below to find out more.
How do I claim?
Step 1
Get in contact by using one of our contact forms throughout the site.
Step 2
We will arrange a free consultation with you to discuss your claim.
Step 3
If you have a valid claim, we will accept your case on a No Win No Fee basis.
Step 4
HNK Client Settles for over £7,000 in False Imprisonment and Assault Case Against Leicestershire Police
What is classed as an unlawful stop and search?
In order for a stop and search to be lawful, there must usually be “reasonable grounds” to suspect that the person being searched is in possession of:
- A weapon
- Illegal drugs
- Stolen property
- An item that has been or could be used to commit a crime
If the officer performing the search cannot demonstrate reasonable grounds to suspect you may be carrying one or more of these things, then the stop and search may well be unlawful.
Further, there are other limitations on how the search itself is performed. You should only be stopped for as long as it takes for the search to be conducted, and the officer must inform you of their name, the police station, what they expect to find, and their grounds for suspicion. They should also inform you that you can get a record of the search.
Finally, the officer can ask you to remove your coat, jacket or gloves in order to conduct the search. If they ask you to take off an item of clothing that you are wearing for religious reasons – a veil, for instance – they must take you to a place out of public view in order to do so. They can only ask you to remove any face coverings if they believe you are doing so in order to disguise your identity. If any of these conditions are not adhered to, this may also be considered an unlawful stop and search.
The law around stop and searches
The law around stop and searches is principally governed by the Police and Criminal Evidence Act (PACE) 1984. This legislation sets out the conditions we’ve explained above with regard to “reasonable grounds” and the kinds of items police officers can legitimately search for.
However, it’s important to be aware that there are some circumstances in which an officer does not need reasonable grounds to conduct a stop and search. These are:
- If a Section 60 order is in place. These orders are restricted to specific locations and are usually only used in the aftermath of a violent incident.
- The recently introduced Public Order Act 2023 allows for suspicionless stop and searches in the context of some protest activities.
If you’re unsure whether you have been stopped and searched unlawfully, your best choice is to speak with an experienced solicitor. They will be able to help you understand the regulations involved more fully and advise you on whether your experience contravened them.
Can I make an unlawful stop and search claim?
If you have been subjected to an unlawful stop and search, this will likely have been a deeply upsetting experience. Given the potential impact this experience can have, it is important to be aware that this behaviour on the part of police officers is not acceptable, and that in some circumstances you may be able to seek compensation.
We have outlined above the key factors that make a stop and search lawful. However, while any experience of unlawful stop and search may entitle you to pursue a claim, it’s particularly important to consider seeking compensation if you believe you were stopped and searched for discriminatory reasons – for instance, based on your ethnicity.
Further, if your stop and search involved the use of physical restraint or force, this may also constitute trespass to the person or excessive force. In these cases, the amount of compensation you may be entitled to will likely be even greater.
Why seek compensation after being unlawfully stopped and searched?
Seeking compensation may seem like a significant and overwhelming step. You may feel that it’s easier to simply forget about the incident and move on with your life.
However, if an unlawful stop and search has had a significant impact on you – for instance, it has left you struggling with anxiety or has caused reputational damage – you should strongly consider seeking compensation. Compensation can have a range of benefits, including:
- Offsetting financial losses. The unlawful stop and search may have resulted in you needing to take time away from work or in other lost financial opportunities through reputational damage. You may have also incurred medical costs if the unlawful stop and search resulted in physical injuries or mental health issues.
- Supporting your recovery. As well as covering your medical costs for any ongoing treatment, compensation can also act as an acknowledgment of the damage you’ve suffered and an admission of liability on the part of the police. This can be an important step in helping you to move past the incident.
- Preventing further incidents. A compensation claim draws attention to the unlawful treatment you experienced and may result in disciplinary action for the officers responsible. In this way, you can help to change the way police forces use stop and search, potentially reducing the likelihood of further incidents.
As you can see, there are a range of benefits of making a compensation claim following an unlawful stop and search. And if you work with an experienced solicitor, the process itself does not need to be challenging or complicated – they can take on the work of building a case and gathering evidence, while you continue to focus on your recovery.
How to make a claim for an unlawful stop and search
In order to seek compensation for an unlawful stop and search, you’ll need to lodge a claim against the police force responsible. If the police force fail to settle your claim, you will need to take the police force responsible to court if your case has prospects of success. This is known as a civil action against the police, and it is best conducted with the support of a solicitor who has specific knowledge of police compensation claims.
Here at HNK Solicitors, for example, we’ve helped many clients get the compensation they deserve following an experience of police misconduct, including unlawful stop and search, false imprisonment and trespass to the person. Our highly experienced team has an in-depth knowledge of the relevant laws and a commitment to ensuring the victims of police misconduct get the best possible outcome.
If you believe you have been the victim of an unlawful stop and search, get in touch today. Our team offers free consultations, and if we do think you may be entitled to compensation, we can offer to take up your claim on a no-win, no-fee basis. Call us on 0151 668 0809, or email us at enquiries@hnksolicitors.com.
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FAQ
The police powers of stop and search are carefully limited in order to ensure your rights are protected and that you are not stopped and searched without a legitimate reason.
The key thing to be aware of when it comes to your stop and search rights is that in most cases the police must have reasonable grounds to believe you possess either a weapon, illegal drugs, a stolen item or something that could be used to commit a crime.
Further, they must explain to you both their reasonable grounds for suspicion and what they specifically expect to find before they conduct the stop and search. Their search cannot be speculative, and they cannot be searching for something that is not on the list outlined above.
You also have a number of rights related to how the search is conducted. While you may be asked to remove your jacket, coat or gloves, other items of clothing can only be removed in specific circumstances – generally, you will have to be taken to a place out of public view, such as a police station.
For a more in-depth look at this topic, read our blog post on police stop and search rights.
We understand that it can be difficult to know, in the moment, if your stop and search experience was unlawful. However, you should either have been issued a record of the stop and search or be able to access one by making a request to the force responsible. This record should contain the reason you were stopped and searched. If this reason is inaccurate – for instance, it refers to things that did not take place – or you find it unreasonable in relation to your own experience, this may indicate the stop and search was unlawful.
To get a clearer sense of whether you may have been unlawfully stopped and searched, the best option is to speak with a solicitor with expert knowledge of the topic. Get in touch with HNK Solicitors today for a free consultation with one of our highly experienced action against the police solicitors.
You have up to six years to make a claim following an unlawful stop and search. However, the sooner you begin the claims process, the better. By moving quickly, it will be easier to gather the necessary evidence to support your claim and to ensure you can access all the information you need.
The amount of compensation you could be entitled to following an unlawful stop and search will depend on a variety of factors. This includes the length of time you were detained, if any force was used, and whether you also experienced other forms of police misconduct such as false imprisonment or battery. To get a detailed overview of the various factors involved in police compensation awards, read our police compensation payouts guide
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