Acts of Power
A quick look at the laws allowing police to stop us
Three laws give officers in the Police Service of Northern Ireland the right to stop and search you. Here they are, in brief. If you'd like to know what to expect when you are stopped by police, see our article Stop and Search.
Police and Criminal Evidence Act (1984)
A constable with reasonable suspicion that you have stolen or prohibited articles may search anyone or any vehicle.
This act has the most specific restrictions for a stop and search – the police must have some reasonable grounds or suspicion for stopping and searching you under this act.
Anti-Terrorism, Crime and Security Act (2001)
Under the original act (before the recent counter-terrorism review), an officer could stop and search a person without reasonable suspicion. However, this search must be carried out in an area that has been approved for use of this act by the Secretary of State.
Under changes recommended by the counter-terrorism review, this power will be much narrower. In particular, the purpose for a search must to be to look for evidence that the individual is a terrorist or that the vehicle is being used for terrorism, rather than looking for any articles that could be used in connection with terrorism, as under the previous act.
Any constable in uniform can stop a pedestrian and search them for “offensive weapons or dangerous instruments;” or stop a car and search the driver, any passenger or the vehicle itself.
Justice and Security Act (Northern Ireland) 2007
The police can stop you in order to find out your identity and movements (why you’re in that area, where you came from and where you’re going to). They can stop you for as long as it is necessary to find out whether you know anything about “a recent explosion or another recent incident endangering life” or whether you know about “a person killed or injured by a recent explosion.”
Section 21 gives the officer the right to stop you and ask you about you identity and movements. Section 24 gives them the right to search you to find out if you have munitions (weapons) unlawfully with you.
It is an offense not to stop when required to do so or to refuse to answer a question addressed to you (to the best of your ability) under this article.
Secretary of State Owen Patterson has said he will make changes to this legislation in light of the counter-terrorism review. The changes will require prior authorisation by the Secretary of State for any powers to be used without ‘reasonable suspicion.’
