Stop & Search – Know Your Rights

Know Your Rights

The PSNI, like the RUC before it, habitually harasses citizens as a core component of its activities. Confronted by these forces, many people unknowingly wave a number of their basic rights.

Regrettably, due to the sheer number of repressive laws available to British state forces, a great number of people are simply unaware of what their rights are.

For others, these forces are imposing and intimidating figures of power and as a result they simply do as they are told.

Whatever the case, we know that the PSNI act in opposition to the interests of the working class and therefore, it falls to us to defend our own rights.

To defend them, you must know them!

*This know your rights site is for guidance only. Full legal advice must always be sought from a legal professional.

Justice and Security (Northern Ireland) Act 2007

Section 21:

(a) Stop as ‘long as necessary’ to question identity and/or movements.

(b) Questions regarding knowledge of a recent ‘terrorist’ incident i.e. Bomb/Shooting. (Can only be questioned by British Armed Forces)

(c) Stop vehicle following a recent ‘terrorist’ incident.

Section 24:

Search for ammunition, wireless apparatus and transmitters in a public place (‘reasonable suspicion’ NOT required) or private place (‘reasonable suspicion IS required).

NOTE: The PSNI can rely on ‘intelligence’ as the sole basis for their ‘reasonable suspicion’!

Terrorism Act

Section 43: ‘Reasonable suspicion’ that the person is a ‘terrorist’.

Section 44: NO LONGER IN USE

Section 47a: Section 47A gives the PSNI powers to stop and search vehicles and their occupants, and pedestrians, provided that an authorisation by a senior PSNI officer is in place. Authorisations can either be Six County wide or apply to a specific area.

Note: You are NOT obliged to provide your name, address, date of birth, or account for your movements under these sections.

The Firearms Act

Reasonable suspicion that the person stopped is in possession of such articles.

Police and Criminal Evidence Act 1984 ( PACE )

This legislation can be used where the objective of the search is offensive weapons, going equipped, stolen property, firearms etc

Those conducting the search must have ‘reasonable suspicion’ and any search must be in relation to suspected object(s).

Road Traffic Act

Must be stopped while in vehicle or on cycle by an ‘officer’ in full uniform. Another provision is then invoked to carry out search.