Suspicionless Stop and Search: You’re Joking, not Another one!

Police stop and search powers have been on the statute book for many years and are widely regarded as being an important tool in the prevention or detection of criminal offences. Whilst most of these powers require that an officer has ‘reasonable grounds to suspect’ that a person is in possession of a prohibited item or article before they may be exercised, the last 30 or so years has seen the emergence of ‘suspicionless’ stop and search powers on the statute book. These have proved to be controversial for a number of reasons, not least because they permit random stop and searches to occur which rarely result in officers finding what they were looking for, and have the potential to strain relations between the police and the communities they serve. Official data also makes clear that they have consistently been used in a racially disproportionate way. Under the Public Order Act 2023, a new suspicionless stop and search power has been created which is exercisable by the police in the context of peaceful protests. The case against it was strongly made in the House of Lords and beyond Parliament. Regrettably, it was not accepted by a government which was also unwilling to amend the legislation so as to enhance the safeguards designed to prevent the misuse of the power.