Criminal Justice and Public Order Act 1994

81 Powers to stop and search vehicles, etc. and persons. E+W+S

(1) In Part IV of the M1 Prevention of Terrorism (Temporary Provisions) Act 1989 (powers of arrest, detention and control of entry) there shall be inserted, before section 14, the following section—

“13A Powers to stop and search vehicles etc. and persons.

(1) Where it appears to—

(a) any officer of police of or above the rank of commander of the metropolitan police, as respects the metropolitan police area;

(b) any officer of police of or above the rank of commander of the City of London police, as respects the City of London; or

(c) any officer of police of or above the rank of assistant chief constable for any other police area,

that it is expedient to do so in order to prevent acts of terrorism to which this section applies he may give an authorisation that the powers to stop and search vehicles and persons conferred by this section shall be exercisable at any place within his area or a specified locality in his area for a specified period not exceeding twenty eight days.

(2) The acts of terrorism to which this section applies are—

(a) acts of terrorism connected with the affairs of Northern Ireland; and

(b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.

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

(a) to stop any vehicle;

(b) to search any vehicle, its driver or any passenger for articles of a kind which could be used for a purpose connected with the commission, preparation or instigation of acts of terrorism to which this section applies;

(c) to stop any pedestrian and search any thing carried by him for articles of a kind which could be used for a purpose connected with the commission, preparation or instigation of acts of terrorism to which this section applies.

(4) A constable may, in the exercise of those powers, stop any vehicle or person and make any search he thinks fit whether or not he has any grounds for suspecting that the vehicle or person is carrying articles of that kind.

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

(6) A person is guilty of an offence if he—

(a) fails to stop or (as the case may be) to stop the vehicle when required to do so by a constable in the exercise of his powers under this section; or

(b) wilfully obstructs a constable in the exercise of those powers.

(7) A person guilty of an offence under subsection (6) above shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

(8) If it appears to a police officer of the rank specified in subsection (1)(a), (b) or (c) (as the case may be) that the exercise of the powers conferred by this section ought to continue beyond the period for which their exercise has been authorised under this section he may, from time to time, authorise the exercise of those powers for a further period, not exceeding twenty eight days.

(9) 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; and similarly as respects a pedestrian who is stopped under this section for a search of anything carried by him.

(10) In this section—

• “authorise” and “authorisation” mean authorise or an authorisation in writing signed by the officer giving it; and

• “specified” means specified in an authorisation under this section.

(11) Nothing in this section affects the exercise by constables of any power to stop vehicles for purposes other than those specified in subsection (1) above.”.

(2) In consequence of the insertion in Part IV of the M2 Prevention of Terrorism (Temporary Provisions) Act 1989 of section 13A, for the title to that Part, there shall be substituted the following title—

“ Powers of Arrest, Stop and Search, Detention and Control of Entry”.

(3) For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), the provisions inserted in that Act by this section shall be treated, as from the time when this section comes into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

Marginal Citations

M1 1989 c. 4.

M2 1989 c. 4.