What are my rights if stopped under Section 60 of the Criminal Justice and Public Order Act 1994? This is an increasingly important question because Section 60 powers are frequently used during periods of anticipated violence, gang related incidents, public disorder, large events, and knife crime operations across England and Wales. Unlike standard stop and search powers under the Police and Criminal Evidence Act 1984 (PACE), Section 60 searches do not require officers to have reasonable suspicion against a specific individual. This means you can be stopped and searched even if police have no reason to suspect you personally of carrying a weapon or being involved in criminal activity. Because these powers are intrusive, the law places important safeguards on how officers must exercise them.
What Is Section 60 of the Criminal Justice and Public Order Act 1994?
Section 60 gives police the power to stop and search individuals and vehicles within a designated area without requiring reasonable suspicion. The power can only be used when a senior police officer reasonably believes serious violence may occur or that people are carrying dangerous weapons.
The purpose of Section 60 is to prevent violence before it happens. Parliament introduced this power to provide police with a proactive tool in situations where waiting for individual suspicion could put the public at risk.
Common situations where Section 60 powers may be authorised include:
- Knife crime operations in urban areas.
- Gang related violence and territorial disputes.
- Public disorder concerns following local tensions.
- Major public events such as football matches, protests, or festivals.
- Intelligence regarding planned attacks or violent disorder.
For broader context on police search powers, read our guide on whether police can stop and search anyone, anywhere, anytime in the UK.
Why Can Police Search Me Without Suspicion Under Section 60?
Section 60 is one of the few police powers that allows searches without individual suspicion. Parliament introduced this power to help prevent serious violence by allowing officers to search anyone within an authorised area for offensive weapons or dangerous instruments.
The focus is on prevention rather than investigation. When a Section 60 authorisation is in place, police do not need evidence that:
- You have committed an offence.
- You are carrying a weapon.
- You are acting suspiciously.
Your presence within the authorised area, combined with the senior officer's reasonable belief that serious violence may occur, may be sufficient grounds for a search. This makes Section 60 powers significantly broader than standard PACE stop and search, which requires reasonable suspicion directed at the individual.
What Must Police Tell Me Before a Section 60 Search?
Before carrying out most Section 60 searches, police must explain who they are, what power they are using, and why the search is taking place. The officer should provide their name or identification number, their police station, confirmation that Section 60 powers are in force, the purpose of the search, and details of the authorised area.
If requested, officers should explain the legal basis for the search. Although Section 60 differs from standard stop and search powers, many of the GOWISELY principles still apply.
What Is GOWISELY?
Police should explain the following before carrying out a search:
- G Grounds — why they want to search you
- O Object — what they are looking for
- W Warrant card — their identity if not in uniform
- I Identity — their name or collar number
- S Station — which police station they are from
- E Entitlement — your right to a copy of the search record
- L Legal power — under what law they are searching
- Y You are detained for the purpose of the search
This process is commonly known as GOWISELY.
What Can Police Search For Under Section 60?
Section 60 searches are generally aimed at locating offensive weapons and dangerous instruments that could be used in violence. The search should relate to the authorised purpose of the Section 60 operation.
| Item | Search Permitted? |
|---|---|
| Knives | Yes |
| Offensive weapons | Yes |
| Dangerous instruments | Yes |
| Bladed articles | Yes |
| Items intended for violence | Yes |
If you face criminal charges following a Section 60 search, contact our weapons offences solicitors for immediate advice.
Can Police Search My Vehicle Under Section 60?
Yes. Section 60 powers extend to vehicles as well as individuals. Police can stop and search a vehicle located within the authorised area without needing reasonable suspicion that the driver or occupants are involved in criminal activity.
Police may search:
- Cars
- Vans
- Motorcycles
- Passenger belongings within vehicles
Do I Have to Give My Name and Address During a Section 60 Search?
Generally, no. There is usually no legal requirement under Section 60 alone to provide your name, address, or date of birth. Refusing to identify yourself is not normally an offence during a Section 60 stop and search.
However, separate legal powers may apply in specific situations, such as:
- Road traffic offences where the Road Traffic Act 1988 requires identification.
- Anti social behaviour investigations under specific legislation.
- Arrest situations where you are taken into custody.
You should never provide false information to police. Doing so could constitute a separate offence. For detailed guidance, read our guide on whether you are legally required to give your name and address to police.
Can Police Use Force During a Section 60 Search?
Yes. If police are carrying out a lawful Section 60 search and an individual refuses to cooperate, officers may use reasonable force where necessary to conduct the search. What is "reasonable" depends on the circumstances, the level of resistance, and the risk posed.
Excessive force remains unlawful and can be challenged through formal complaint procedures or legal action. If you believe excessive force was used against you, you should:
- Document any injuries through photographs.
- Seek medical attention where appropriate.
- Obtain witness details.
- Seek legal advice promptly.
Can Police Make Me Remove Clothing During a Section 60 Search?
Yes, but only to a limited extent in public. In public, police may generally require removal of outer coats, jackets, and gloves. More intrusive searches must take place out of public view and in accordance with legal safeguards. Any intimate search requires additional legal authority.
The Police and Criminal Evidence Act 1984 (PACE) Codes of Practice contain detailed rules about the conduct of searches, including the removal of clothing. Searches involving the removal of more than outer clothing must be carried out by an officer of the same sex and away from public view wherever possible.
Am I Entitled to a Search Record After a Section 60 Stop?
Yes. Following a Section 60 search, you are entitled to receive a record of the search or information explaining how to obtain it. The record typically includes the date and time, location, officer details, legal power used, and the outcome of the search.
You may request a copy for up to 12 months after the search. If an officer fails to provide you with a record or information on how to obtain one, you should make a note of the circumstances and seek legal advice.
For more on police record keeping requirements, see the official government guidance on stop and search rights.
What Should I Do During a Section 60 Search?
Remaining calm and cooperative is usually the best approach during a Section 60 search. Arguing about the legality of the search at the scene rarely prevents the search from taking place and may escalate the situation unnecessarily.
Practical steps to follow during a Section 60 stop and search:
- 1 Stay calm. Take a deep breath and avoid sudden movements.
- 2 Ask under what power you are being searched. Is it Section 60 specifically?
- 3 Note officer details. Name, collar number, and station.
- 4 Obtain a search record or information on how to get one.
- 5 Seek legal advice if concerns arise after the encounter.
What If I Think the Section 60 Search Was Unlawful?
If you believe police acted unlawfully, discriminatorily, or outside their powers during a Section 60 search, you may be able to challenge the search through complaints procedures or legal action. Potential options include requesting the search record, making a formal complaint, seeking judicial review, or challenging evidence in criminal proceedings.
Every case depends on its specific facts. A Section 60 search may be unlawful if:
- The authorisation was not properly made by a senior officer.
- The search took place outside the authorised area or time period.
- Officers failed to follow GOWISELY requirements.
- The search was conducted in a discriminatory manner.
- Excessive force was used without justification.
Our solicitors experienced in challenging search warrants can advise on the best course of action if your rights have been breached.
How Does a Section 60 Search Differ From a Standard PACE Stop and Search?
The key difference is that standard PACE stop and search requires reasonable suspicion directed at an individual, while Section 60 searches do not. Section 60 powers are also time limited and geographically restricted, whereas standard PACE powers apply anywhere at any time if suspicion exists.
| Feature | Section 60 Search |
|---|---|
| Reasonable suspicion needed | No |
| Geographic restriction | Yes |
| Time limit | Yes (up to 24 hours initially) |
| Senior officer authorisation | Required |
| Purpose | Prevention of serious violence |
Quick Checklist: Your Section 60 Rights
External Resources
For further reading on Section 60 stop and search powers and your legal rights: