This is a guide to the way that stop and search will be done by the police in Haringey.

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1 This is a guide to the way that stop and search will be done by the police in Haringey. It does not cover all of the law, but gives you a snapshot of your rights in case you are stopped and searched or stopped and questioned. Around two thirds of people stopped and searched each month in Haringey are aged under 25

2 What is a 'stop and account'? This is where the police stop you in a public place, but do not go on to search you. Although a police officer might stop and chat with you for many reasons, including being sociable, it becomes a 'stop and account' if the police ask: what you are doing why you are in an area or where you are going what you are carrying Your rights during a 'stop and account' you have a right to be treated politely and with respect you don't have to give your name, address, or date or birth - although the police may ask for this information you don't have to answer any questions you don t want the officers can't detain you against your will for not answering their questions Your right to a record You should be offered a receipt or record of the 'stop and account'. This should give the date, time and place you were stopped, your ethnicity, the officer's name or badge number, and details of which police station they come from. Ask the officer to give you a receipt. If they refuse, take their badge number, in case you want to make a complaint. Haringey Independent Stop&Search Monitoring Group Advice Some people are happy to answer police questions during a 'stop and account'. Others are not. If you prefer not to answer: First confirm that it is a 'stop and account' and not a 'stop and search' - as the police have a right to detain you under a 'stop and search'. Tell the police that you prefer not to answer their questions or simply say 'No comment'. Calmly walk away. Do not run as this may be considered suspicious behaviour and therefore grounds to search you. Do not be verbally aggressive as this may be interpreted as threatening behaviour and create problems for you. 2

3 What is a 'stop and search'? This is where the police stop you in a public place and go on to search you Every search must be supported by a specific law. The ones used most often are aimed at finding: Stolen goods or articles that could be used for stealing Offensive weapons, including bladed or sharply pointed articles Drugs The grounds for searching you There are several different laws the police can use, but in the vast majority of cases, the police must have reasonable grounds to stop and search you. The grounds must be based on intelligence or something suspicious about your behaviour. An officer must not base their suspicion on your race, colour, age, the way you dress, or previous convictions. Section 60: the exception to the 'reasonable grounds' rule Where the police have evidence that serious violence will take place in a particular area, officers can stop and search a person for weapons without reasonable suspicion, under section 60. They can only do so in the specific area covered by the section 60, and for a limited period of time (15 hours or less). Your rights during a stop and search Being stopped and searched does not mean you've been arrested. However, the police do have a right to detain you so do not walk away, or try to resist the search. Although the police will ask, you don t have to give your name, address, age or any other personal information, unless the police arrest you. You have a right to be treated politely and with respect. 3

4 What the officer must tell you before the search Before the search, the officer must explain the following things clearly: why you are being stopped and searched what specifically the officer is looking for e.g. drugs, weapons, stolen goods the law under which you are being searched your right to a record of the search and what the police will record about you who the officer is and where they are based Haringey Independent Stop&Search Monitoring Group Advice Remember you have a right to know the above information before the search begins. So if the officer forgets to tell you any of these things, don t be afraid to ask. And if there s anything they say you don t understand, just ask the officer to repeat it, or explain more clearly. Always be polite as rudeness may be interpreted as threatening and aggressive behaviour and could get you arrested. Who can search you Only police officers in uniform (and those out of uniform if they show you a warrant card ID) may search you. Community police support officers (PCSOs) can stop and question you, but not search you. You will normally be searched by an officer of the same sex but you don t have an automatic right to this, during a routine search. What the police officer can ask you to do before the search Take off outer clothing, for example your coat, jacket or gloves Take off a face scarf, veil, or turban worn for religious reasons 4

5 What the police can do in public put their hands inside the pockets of your outer clothing (e.g. jacket) 'pat you down' on the outside of your clothing feel around inside your collar, socks and/ or shoes - if this is reasonable, for example when searching for drugs What should be done out of public view If you are asked to remove any inner clothing, like a jumper or T- shirt, this should be done out of view of members of the public e.g. in a police van or at the police station - and by an officer of the same sex What if you are in a vehicle and the police stop you? If you are driving, a police officer can order you to stop at any time without giving reasons. The police officer must be in uniform. Or, if not in uniform, they must produce their ID. It is a criminal offence not to stop. The police have the power to require the driver to provide them with documents (such as a driver s licence and insurance). The driver must give their name and address, if asked. If you re a passenger, you don t have to give any personal details, or answer any questions unless you are arrested. What if you are in a vehicle and the police want to search you? Whether you are a driver or a passenger, if the police wish to search you (or the car) they must have reasonable grounds to suspect that they will find prohibited articles - e.g. weapons or stolen items. An exception is if a Section 60 has been authorised in that area (see above). 5

6 What information the police record The police must make a written record of the following how you describe your ethnic background when and where you were searched why you were searched details of the officer carrying out the search what they were searching for - and if anything was found what action, if any, the police are taking against you Remember, you don t have to give your name, address, or other personal details during a stop and search, but if you do, this information will also be kept on record. Your right to a record of the encounter You have a right to a record of the stop and search. You should be offered either a copy of the full record, if it was written down on a paper form, or a receipt if the record was made electronically. The police should give you a receipt straight away unless they are called to an emergency. You can use the receipt to ask for a paper or electronic copy of the full record from the police station that the officer was from within 3 months of the stop. Keep hold of the receipt or record. This will be useful if you want to make a complaint. You can record the search Provided you do not obstruct the search, you can record it. For example, you can ask a member of the public nearby to film the encounter on their mobile phone. If you try to record it yourself, you may have to put the phone down (but not off) while the police are searching you. 6

7 Haringey Independent Stop&Search Monitoring Group Advice Stops and searches can be intrusive and embarrassing, but it's important to stay calm. Even if you think you've been stopped unfairly, do not be verbally or physically aggressive. This can lead to you being arrested for obstructing a police search, or assaulting a police officer. If you feel you've been unfairly treated, take the officer s badge number - and make an official complaint. We can help with this. Also ask the police officer to record your concerns at the time. Although they are not required to do this by law, the Haringey police have agreed to keep a record of unofficial complaints about stop and search - as an example of fairer engagement, following consultation with HISSMG and feedback from the community. What to do if you feel you ve been unfairly treated If you believe you've been unfairly treated during a stop and search, you have the right to make a complaint. In some cases, you might be entitled to compensation. Good reasons for making a complaint include: if you think the police had insufficient grounds for stopping you e.g. their suspicion was not reasonable if the police were aggressive, disrespectful, or used racist language during the encounter if the police used excessive force to detain or restrain you during the search if you've been stopped multiple times without any prohibited items being found on you, and you feel you re being discriminated against 7

8 Who to contact to make an official complaint You (or an adult on your behalf) can make a complaint in the following ways: Call the police on 101 and say you want to make a complaint. Report online at Write to the Met Police Department of Professional Standards Complaints Support Team, 22nd Floor, Empress State Building, Lillie Road, SW6 1TR Report it online to the Independent Police Complaints Commission: Who can help you make a complaint? For free, independent help and advice on making a complaint contact: Haringey Independent Stop and Search Monitoring group: Members are trained to take 'third party' complaints on your behalf and will support your through the complaints process. Contact info@haringeystopandsearch.co.uk Citizens Advice Bureau: If your complaint relates to discrimination on race or ethnicity grounds, the following may be helpful: Equality and Human Rights Commission: For more information StopWatch: works to promote fair and accountable policing Metropolitan Police: Stop and search monthly monitoring statistics, by borough: Haringey Independent Stop and Search Monitoring Group (HISSMG): haringeystopandsearch.co.uk

9 HISSMG is a grass-roots community group, independent of the police. We listen we don t judge. We respect confidentiality. And we welcome suggestions for improvements. Let us know your views and experiences of stop and search and help us make a difference. 9