Stop and Search - Items found in the search be used in evidence

Freedom of information request reference no: 01.FOI.23.028406

I note you seek access to the following information:

General enquiry - If someone is stopped and searched under Section 1 of the Police and criminal evidence act, can they be arrested if items such as offensive weapons and stolen property is found in the search, and can items found in the search be used in evidence? E.g. A Constable stop and searches someone, they find a bladed article, can the person then be arrest for possession of a bladed article in a public place?

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

I have contacted the relevant unit and they have advised that the answer is yes, an individual can be arrested following a stop and search if, for example, a pointed and bladed article is found during the search.

Before an officer makes an arrest they must make sure that certain conditions are in place and that the arrest is necessary.

Police and Criminal Evidence Act 1984 - Section 24

Police and Criminal Evidence Act 1984 - Code G 2012 accessible

So, if the individual stopped has an item as suggested, that item is deemed as suspected to be possessed unlawfully and the arrest is necessary for one of the reasons, then the arrest can be made and the discovered item can be used as evidence.