Rights and LimitsStopped in the street or in a vehicleSection 60: searched for weapons without grounds for suspicion
Section 60: searched for weapons without grounds for suspicion
What you must do, and what you can refuse
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
You must stop, or stop your vehicle, when a constable requires you to in the exercise of their powers under s.60. Failing to do so is an offence, punishable on summary conviction by imprisonment for up to one month, a fine up to level 3 on the standard scale, or both.
Criminal Justice and Public Order Act 1994, s.60(8)(a)
“A person who fails— to stop, or to stop a vehicle;— when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.”
Read it at legislation.gov.ukquote checked 2026-10-02
Resisting or wilfully obstructing a constable in the execution of their duty is an offence.
Police Act 1996, s.89(2)
“any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence”
Read it at legislation.gov.ukquote checked 2026-08-25
If an authorisation under s.60 or s.60AA(3) is in force and a constable in uniform requires it, remove any item the constable reasonably believes you are wearing wholly or mainly to conceal your identity.
Criminal Justice and Public Order Act 1994, s.60AA(2)
“This subsection confers power on any constable in uniform— to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity”
Read it at legislation.gov.ukquote checked 2026-08-25
Failing to remove an item when a constable requires it under s.60AA is punishable on summary conviction by up to one month’s imprisonment, a fine not exceeding level 3, or both.
Criminal Justice and Public Order Act 1994, s.60AA(7)
“A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.”
Read it at legislation.gov.ukquote checked 2026-08-25
You can refuse
No penalty for saying no.
You are entitled to a written statement that you were searched under s.60, if you apply for it within twelve months of the day you were searched.
The entitlement exists only if you apply. What you get is a statement that you were searched under s.60.
Criminal Justice and Public Order Act 1994, s.60(10A)
“A person who is searched by a constable under this section shall be entitled to obtain a written statement that he was searched 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 he was searched.”
Read it at legislation.gov.ukquote checked 2026-10-02
If you are the driver of a vehicle stopped under s.60, you are entitled to a written statement that the vehicle was stopped under the powers conferred by s.60, if you apply for it within twelve months of the day it was stopped.
Criminal Justice and Public Order Act 1994, s.60(10)
“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”
Read it at legislation.gov.ukquote checked 2026-10-02
How the power works
What the law says the power is, who can use it and when, quoted from the provision. The columns above say what you must do and what you can refuse.
An officer of at least inspector rank may give a s.60 authorisation where they reasonably believe one of three things: that incidents involving serious violence may take place in a locality in their police area and that an authorisation is expedient to prevent them; or that an incident involving serious violence has taken place in England and Wales in their police area, that a dangerous instrument or offensive weapon used in the incident is being carried by a person in a locality in their police area, and that an authorisation is expedient to find the instrument or weapon; or that persons are carrying dangerous instruments or offensive weapons in a locality in their police area without good reason.
Criminal Justice and Public Order Act 1994, s.60(1)
“If a police officer of or above the rank of inspector reasonably believes— that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence,— that— an incident involving serious violence has taken place in England and Wales in his police area;— a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and— it is expedient to give an authorisation under this section to find the instrument or weapon; or— that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason, he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.”
Read it at legislation.gov.ukquote checked 2026-10-02
A s.60 authorisation can make the powers conferred by s.60 exercisable at any place within the locality in the officer’s police area that the officer’s belief concerns, for a specified period not exceeding 24 hours.
Criminal Justice and Public Order Act 1994, s.60(1)
“If a police officer of or above the rank of inspector reasonably believes— that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence,— that— an incident involving serious violence has taken place in England and Wales in his police area;— a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and— it is expedient to give an authorisation under this section to find the instrument or weapon; or— that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason, he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.”
Read it at legislation.gov.ukquote checked 2026-10-02
An officer of at least superintendent rank may direct that a s.60 authorisation continues in being for a further 24 hours, if it appears to them expedient to do so having regard to offences which have been committed, or are reasonably suspected to have been committed, in connection with any activity falling within the authorisation.
Criminal Justice and Public Order Act 1994, s.60(3)
“If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any activity falling within the authorisation, he may direct that the authorisation shall continue in being for a further 24 hours.”
Read it at legislation.gov.ukquote checked 2026-10-02
Subject to subsection (9ZA) of s.60, an authorisation under s.60 must be in writing, signed by the officer giving it, and must specify the grounds on which it is given, the locality in which and the period during which the powers conferred by s.60 are exercisable.
Criminal Justice and Public Order Act 1994, s.60(9)
“Subject to subsection (9ZA), any authorisation under this section shall be in writing signed by the officer giving it and shall specify the grounds on which it is given and the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.”
Read it at legislation.gov.ukquote checked 2026-10-02
An authorisation under subsection (1)(aa) of s.60 need not be given in writing where it is not practicable to do so, but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.
Criminal Justice and Public Order Act 1994, s.60(9ZA)
“An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.”
Read it at legislation.gov.ukquote checked 2026-10-02
Section 60 gives any constable in uniform power to stop any pedestrian and search them, or anything carried by them, for offensive weapons or dangerous instruments.
Criminal Justice and Public Order Act 1994, s.60(4)
“This section confers on any constable in uniform power— to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;— to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.”
Read it at legislation.gov.ukquote checked 2026-10-02
Section 60 gives any constable in uniform power to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.
Criminal Justice and Public Order Act 1994, s.60(4)
“This section confers on any constable in uniform power— to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;— to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.”
Read it at legislation.gov.ukquote checked 2026-10-02
A constable in uniform exercising the s.60 powers to stop and search for offensive weapons or dangerous instruments may stop any person or vehicle and make any search they think fit, whether or not they have any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.
Criminal Justice and Public Order Act 1994, s.60(4) and (5)
“This section confers on any constable in uniform power— to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;— to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.— A constable may, in the exercise of the powers conferred by subsection (4) above , stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.”
Read it at legislation.gov.ukquote checked 2026-10-20
Under s.2(9)(a) of the Police and Criminal Evidence Act 1984, neither the power conferred by section 1 of that Act nor any other power to detain and search a person without first arresting them is to be construed as authorising a constable to require a person to remove any of their clothing in public other than an outer coat, jacket or gloves.
Police and Criminal Evidence Act 1984, s.2(9)(a)
“Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed— as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves”
Read it at legislation.gov.ukquote checked 2026-10-19
A constable who, in the course of a search under s.60, discovers a dangerous instrument or an article they have reasonable grounds for suspecting to be an offensive weapon may seize it.
Criminal Justice and Public Order Act 1994, s.60(6)
“If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.”
Read it at legislation.gov.ukquote checked 2026-10-02
In s.60, “dangerous instruments” means instruments which have a blade or are sharply pointed.
Criminal Justice and Public Order Act 1994, s.60(11)
““ dangerous instruments ” means instruments which have a blade or are sharply pointed”
Read it at legislation.gov.ukquote checked 2026-10-02
While an authorisation under s.60, or an authorisation under s.60AA(3), is in force for a locality and period, the powers in s.60AA(2) are exercisable at any place in that locality at any time in that period.
Criminal Justice and Public Order Act 1994, s.60AA(1)
“Where— an authorisation under section 60 is for the time being in force in relation to any locality for any period, or— an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period, those powers shall be exercisable at any place in that locality at any time in that period”
Read it at legislation.gov.ukquote checked 2026-09-16
Section 60 is a different kind of search power
Section 60 of the Criminal Justice and Public Order Act 1994 (“s.60”) is a stop-and-search power of a different kind from the everyday one. The everyday power under s.1 PACE needs reasonable grounds for suspecting — see stopped and searched in the street.
Under s.60, a constable using the powers may stop any person or vehicle and make any search they think fit, whether or not they have any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind — that is, the offensive weapons or dangerous instruments the s.60 search power is for. The powers are made exercisable by an authorisation, which is covered next.
Section 60 also extends to Scotland, but parts of it, including the limb of the authorisation power that applies where an incident involving serious violence has already taken place, apply only in England and Wales. This page describes s.60 as it applies in England and Wales.
What switches the powers on: an authorisation
A police officer of or above the rank of inspector may give an authorisation that the s.60 powers are to be exercisable at any place within a locality in their police area, for a specified period not exceeding 24 hours. They may do so where they reasonably believe one of three things:
- that incidents involving serious violence may take place in any locality in their police area, and that it is expedient to give an authorisation to prevent their occurrence;
- that an incident involving serious violence has taken place in England and Wales in their police area, and that a dangerous instrument or offensive weapon used in the incident is being carried in any locality in their police area by a person, and that it is expedient to give an authorisation to find the instrument or weapon; or
- that persons are carrying dangerous instruments or offensive weapons in any locality in their police area without good reason.
An officer of or above the rank of superintendent may direct that the authorisation continues in being for a further 24 hours, if it appears to them expedient to do so, having regard to offences which have been committed, or are reasonably suspected to have been committed, in connection with any activity falling within the authorisation.
Subject to one exception, an authorisation must be in writing, signed by the officer giving it, and must specify the grounds on which it is given, the locality, and the period during which the powers are exercisable. A direction extending it must also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.
The exception is an authorisation under subsection (1)(aa) — the middle one of the three above, where an incident involving serious violence has already taken place. That authorisation need not be given in writing where it is not practicable to do so, but any oral authorisation must state the matters which would otherwise have to be specified in writing, and must be recorded in writing as soon as it is practicable to do so.
What a constable can do under it
The powers belong to a constable in uniform. They are to stop any pedestrian and search them, or anything they are carrying, for offensive weapons or dangerous instruments; and to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.
There is a limit that applies to the search itself. Section 2(9)(a) of the Police and Criminal Evidence Act 1984 says that neither the s.1 power nor any other power to detain and search a person without first arresting them is to be construed as authorising a constable to require a person to remove any of their clothing in public other than an outer coat, jacket or gloves. A s.60 search is a search of that kind, so the limit applies to it.
Section 2 of the Police and Criminal Evidence Act 1984 applies to any power to search a person without first arresting them, so it applies to a s.60 search. Before starting, the constable has a duty to take reasonable steps to bring to your attention, among other things, their name and the name of the police station to which they are attached, the object of the proposed search, and their grounds for proposing to make it — and must not start the search until they have done so. Under section 3, a record of the search must be made in writing unless it is not practicable to do so.
In s.60, “dangerous instruments” means instruments which have a blade or are sharply pointed.
If in the course of a search under s.60 a constable discovers a dangerous instrument, or an article which they have reasonable grounds for suspecting to be an offensive weapon, they may seize it.
One more thing follows from a s.60 authorisation. While one is in force for a locality, the powers in subsection (2) of s.60AA of the same Act are exercisable at any place in that locality too. Those powers include a constable in uniform requiring any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing their identity, and a person who fails to remove an item when required to do so by a constable in the exercise of that power commits an offence. Section 60AA can also be switched on by an authorisation of its own, with no s.60 authorisation in force at all, so it has its own page: live facial recognition cameras: what the law actually says.
Failing to stop is an offence
Section 60 makes it an offence to fail to stop when required. A person who fails to stop, or to stop a vehicle, when required to do so by a constable in the exercise of their powers under s.60 is liable on summary conviction to imprisonment for a term not exceeding one month, or to a fine not exceeding level 3 on the standard scale, or both.
That is not the only offence that can arise at a stop. Separately from s.60, the Police Act 1996 makes it an offence to resist or wilfully obstruct a constable in the execution of their duty.
Afterwards: the written statements
A person who is searched by a constable under s.60 is entitled to obtain a written statement that they were searched under the powers conferred by the section — if they apply for it not later than the end of the period of twelve months from the day on which they were searched.
Where a vehicle is stopped by a constable under s.60, the driver is entitled to obtain a written statement that the vehicle was stopped under the powers conferred by the section — if they apply for it not later than the end of the period of twelve months from the day on which the vehicle was stopped.
In both cases the entitlement depends on you applying. It is easier to apply if you noted the date, the place and any officer number you were given.
Related pages
- Stopped and searched in the streetEngland & Wales
- What is a Serious Violence Reduction Order (SVRO)?England & Wales
- Live facial recognition cameras: what the law actually saysEngland & Wales
- Do you have to give police your name?England & Wales
Last reviewed 2026-10-19. Next review due 2027-02-25. No solicitor has reviewed this page — see [email protected] if you think something here is wrong.