Criminal Justice and Public Order Act 1994

Powers of police to stop and search E+W

60 Powers to stop and search in anticipation of [F1 , or after] violence. E+W+S

F2 [(1) If a police officer of or above the rank of inspector reasonably believes—

(a) that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence,

[F3 (aa) that—

(i) an incident involving serious violence has taken place in England and Wales in his police area;

(ii) a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and

(iii) it is expedient to give an authorisation under this section to find the instrument or weapon;] or

(b) that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason,

he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If it appears to [F4 an officer of or above the rank of] superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any [F5 activity] falling within the authorisation, he may direct that the authorisation shall continue in being for a further [F6 24] hours.

[F7 (3A) If an inspector gives an authorisation under subsection (1) he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.]

(4) This section confers on any constable in uniform power—

(a) to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;

(b) to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.

F8 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A constable may, in the exercise of [F9 the powers conferred by subsection (4) above], stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.

(6) If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.

(7) This section applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles.

F10 (8) A person who fails

(a) to stop, or to stop a vehicle; F11 . . .

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

(9) [F12 Subject to subsection (9ZA),] any authorisation under this section shall be in writing signed by the officer giving it and shall specify [F13 the grounds on which it is given and] the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

[F14 (9ZA) An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.]

[F15 (9A) The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if the references to a locality in his police area were references to a place [F16 in England and Wales ] specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 [F17 and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003].]

(10) Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped F18 . . ..

[F19 (10A) A person who is searched by a constable under this section shall be entitled to obtain a written statement that he was searched under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which he was searched.]

(11) In this section—

• F20 ...

• “dangerous instruments” means instruments which have a blade or are sharply pointed;

• “offensive weapon” has the meaning given by section 1(9) of the M1 Police and Criminal Evidence Act 1984 [F21 or, in relation to Scotland, section 47(4) of the M2 Criminal Law (Consolidation) (Scotland) Act 1995][F22 ; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate]; and

• F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “vehicle” includes a caravan as defined in section 29(1) of the M3 Caravan Sites and Control of Development Act 1960.

[F24 (11A) For the purposes of this section, a person carries a dangerous instrument or an offensive weapon if he has it in his possession.]

(12) The powers conferred by this section are in addition to and not in derogation of, any power otherwise conferred.

Textual Amendments

F1 Words in s. 60 inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 87(6), 94(1); S.I. 2008/755, art. 18

F2 S. 60(1) substituted (1.3.1999) by 1997 c. 21, s. 8(2); S.I. 1999/5, art. 2

F3 S. 60(1)(aa) inserted (E.W) (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 87(1), 94(1); S.I. 2008/755, art. 18

F4 Words in s. 60(3) substituted (1.3.1999) by 1997 c. 21, s. 8(4)(a); S.I. 1999/5, art. 2

F5 Word in s. 60(3) substituted (1.3.1999) by 1997 c. 21, s. 8(4)(b); S.I. 1999/5, art. 2

F6 Word in s. 60(3) substituted (1.3.1999) by 1997 c. 21, s. 8(4)(c); S.I. 1999/5, art. 2

F7 S. 60(3A) inserted (1.3.1999) by 1997 c. 21, s. 8(5); S.I. 1999/5, art. 2

F8 S. 60(4A) repealed (14.12.2001) by 2001 c. 24, ss. 125, 127(2)(i), Sch. 8 Pt. VI

F9 Words in s. 60(5) substituted (1.3.1999) by 1998 c. 37, s. 25(2) (with Sch. 9); S.I. 1998/3263, art. 4

F10 S. 60(8)(a)(b) substituted (1.3.1999) for words in s. 60(8) by 1998 c. 37, s. 25(3); S.I. 1998/3263, art. 4

F11 S. 60(8)(b) and word “or” immediately preceding repealed (14.12.2001) by 2001 c. 24, ss. 125, 127(2)(i), Sch. 8 Pt. VI

F12 Words in s. 60(9) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 87(2), 94(1); S.I. 2008/755, art. 18

F13 Words in s. 60(9) inserted (1.3.1999) by 1997 c. 21, s. 8(6); S.I. 1999/5, art. 2

F14 S. 60(9ZA) inserted (E.W) (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 87(3), 94(1); S.I. 2008/755, art. 18

F15 S. 60(9A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(3)(a)

F16 Words in s. 60(9A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 87(4)(a), 94(1); S.I. 2008/755, art. 18

F17 Words in s. 60(9A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 87(4)(b), 94(1); S.I. 2008/755, art. 18

F18 Words in s. 60(10) repealed (1.3.1999) by 1997 c. 21, s. 8(7); S.I. 1999/5, art. 2

F19 S. 60(10A) inserted (1.3.1999) by 1997 c. 21, s. 8(8); S.I. 1999/5, art. 2

F20 S. 60: definition of "British Transport Police Force" ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003, (c. 20), ss. 73, 120, {Sch. 5 para. 4(1)(b)(2)(f)} (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

F21 Words in s. 60(11) inserted (1.3.1999) by 1997 c. 21, s. 8(9); S.I. 1999/5, art. 2

F22 Words in s. 60(11) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 87(5), 94(1); S.I. 2008/755, art. 18

F23 S. 60(11): definition of "policed premises" repealed (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(3)(b)

F24 S. 60(11A) inserted (1.3.1999) by 1997 c. 21, s. 8(10); S.I. 1999/5, art. 2

Modifications etc. (not altering text)

C1 S. 60 extended (S.) (1.3.1999) by 1997 c. 21, s. 8(11); S.I. 1999/5, art. 2

C2 Ss. 60, 60AA amended (1.7.2004) by Railways and Transport Safety Act 2003, (c. 20), ss. 73, 120, {Sch. 5 para. 4(1)(a)(2)(f)} (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

Marginal Citations

M1 1984 c. 60.

M2 1995 c. 39.

M3 1960 c. 62.

[F25 60AA Powers to require removal of disguises E+W+S

(1) Where—

(a) an authorisation under section 60 is for the time being in force in relation to any locality for any period, or

(b) an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period,

those powers shall be exercisable at any place in that locality at any time in that period.

(2) This subsection confers power on any constable in uniform—

(a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;

(b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.

(3) If a police officer of or above the rank of inspector reasonably believes—

(a) that activities may take place in any locality in his police area that are likely (if they take place) to involve the commission of offences, and

(b) that it is expedient, in order to prevent or control the activities, to give an authorisation under this subsection,

he may give an authorisation that the powers conferred by this section shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours.

(4) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which—

(a) have been committed in connection with the activities in respect of which the authorisation was given, or

(b) are reasonably suspected to have been so committed,

he may direct that the authorisation shall continue in force for a further twenty-four hours.

(5) If an inspector gives an authorisation under subsection (3) , he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.

[F26 (6) Any authorisation under this section—

(a) shall be in writing and signed by the officer giving it; and

(b) shall specify—

(i) the grounds on which it is given;

(ii) the locality in which the powers conferred by this section are exercisable;

(iii) the period during which those powers are exercisable;

and a direction under subsection (4) shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.]

[F26 (6) Subject to subsection (6A), an authorisation under subsection (3)—

(a) shall be in writing and signed by the officer giving it; and

(b) shall specify—

(i) the grounds on which it is given;

(ii) the locality in which the powers conferred by this section are exercisable; and

(iii) the period during which those powers are exercisable.

(6A) An authorisation under subsection (3) need not be given in writing where it is not practicable to do so but any oral authorisation—

(a) must state the matters which would otherwise have to be specified under subsection (6); and

(b) must be recorded in writing as soon as it is practicable to do so.

(6B) A direction under subsection (4) shall be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.]

(7) A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

(8) The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if references to a locality or to a locality in his police area were references to any locality in or in the vicinity of any policed premises, or to the whole or any part of any such premises.

(9) In this section [F27 “British Transport Police Force”] and “policed premises” each has the same meaning as in section 60.

(10) The powers conferred by this section are in addition to, and not in derogation of, any power otherwise conferred.

(11) This section does not extend to Scotland.]

Textual Amendments

F25 S. 60AA inserted (14.12.2001) by 2001 c. 24, ss. 94(1), 127(2)(d)

F26 Ss. 60AA(6)-(6B) substituted for s. 60AA(6) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 120, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 28

F27 S. 60AA: definition of "British Transport Police Force" ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003, (c. 20), ss. 73, 120, {Sch. 5 para. 4(1)(b)(2)(f)} (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

Modifications etc. (not altering text)

C3 Ss. 60, 60AA amended (1.7.2004) by Railways and Transport Safety Act 2003, (c. 20), ss. 73, 120, {Sch. 5 para. 4(1)(a)(2)(f)} (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

[F28 60A Retention and disposal of things seized under section 60. E+W

(1) Any things seized by a constable under section 60 [F29 or 60AA] may be retained in accordance with regulations made by the Secretary of State under this section.

(2) The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things.

(3) Regulations under this section may make different provisions for different classes of things or for different circumstances.

(4) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F28 S. 60A inserted (1.3.1999) by 1998 c. 37, s. 26 (with Sch. 9); S.I. 1998/3263, art. 4

F29 Words in s. 60A(1) inserted (14.12.2001) by 2001 c. 24, ss. 94(2), 127(2)(d)

F31 [F30 60B Arrest without warrant for offences under section 60: Scotland. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F30 S. 60B inserted (1.3.1999) by 1998 c. 37, s. 27(2) (with Sch. 9); S.I. 1998/3263, art. 4

F31 S. 60B repealed (S.) (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 10; S.S.I. 2017/345, art. 3, sch.