Guidance

Use of stop and search by the Civil Nuclear Constabulary

Advice to persons who have been searched or persons legally entitled to be provided with a copy of a search record

The information below is intended to advise persons who have been searched or persons legally entitled to be provided with a copy of a search record. This advice contains links to relevant legislation and other information.

Police officers of the Civil Nuclear Constabulary (CNC), in the course of carrying out their duties and contractual obligations, may stop and question a person or exercise their police powers using a specific statutory provision to stop and search a person who is not in police custody or to search a vehicle.

Conducting such activities are important measures in the detection and prevention of crime, which includes countering terrorist activity.

In order to gain and maintain the confidence of the community and stakeholders served by the CNC, when exercising police powers in relation to stop and search, the CNC is committed to ensuring that its police officers act in a manner which is professional, fair, proportionate, lawful, accountable and necessary, without unlawful discrimination and with respect for the rights of the individual.

There are various statutes that provide the police with specific powers to stop and search persons and/or vehicles. Certain statutes are applicable to all areas where the CNC has jurisdiction, some are applicable only to England and Wales and others applicable only to Scotland.

A significant piece of legislation pertaining to stop and search that has been in force for a number of years in England and Wales is the Police and Criminal Evidence Act 1984 and it’s associated Codes of Practice.

From 11 May 2017, similar legislation applies to Scotland through the Criminal Justice (Scotland) Act 2016 and its associated Codes of Practice.

By clicking on the above links you can find the specific detail and requirements for the conduct and recording of stop and search activities, what information you must be provided with if a police officer proposes to search you, your rights and entitlements, how you can obtain a copy of the search record and the qualifying periods.

CNC officers will only search a person where a legal power to search exists, even where someone is prepared to submit to a search voluntarily. Searches must be carried out in accordance with the powers granted by the relevant legislation and/or codes of practice.

In all cases, police officers must only conduct statutory searches where sufficient grounds exist based on current information, intelligence or facts.

Police officers are required to treat people fairly and avoid discrimination against any group or individual, regardless of their race, ethnicity, gender, age, religion, disability or sexual orientation. We ask people about their ethnicity and national origin to obtain a true picture of our stop and search activity and to help tackle discrimination and promote effective use of stop and search powers.

The processes and procedures the CNC has for recording and storage of any information obtained during stop and search activities by CNC officers complies with legal requirements including data protection provisions and in accordance with national guidance such as the College of Policing – Authorised Professional Practice – Management of Police Information.

Obtaining Copies of search records

To obtain information on how to apply for a copy of your stop and search held by the Civil Nuclear Constabulary, please write to:

Disclosures Officer Civil Nuclear Constabulary Building F6, Culham Science Centre Abingdon Oxfordshire OX14 3DB

or e-mail: subjectaccessrequest@cnc.pnn.police.uk

Police and Criminal Evidence Act (PACE) 1984 and associated Codes of Practice (England & Wales).

The Criminal Justice (Scotland) Act 2016 and associated Code of Practice

College of Policing – Authorised Professional Practice – Stop and Search

College of Policing – Authorised Professional Practice – Management of Police Information

Terrorism Act 2000 and Search Code of Practice

Criminal Procedure (Scotland) Act 1995

Crime and Security Act 2010

Criminal Justice and Public Order Act 1994

Data Protection Act 1998

Human Rights Act 1998

European Convention on Human Rights

Government Security Classification

Freedom of Information Act 2000

If you have been searched in Scotland, further guidance on your rights can be obtained from the Information Commissioner:

Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews Fife KY16 9DS

Telephone: 01334 464610 e-mail: enquiries@itspublicknowledge.info

Published 19 May 2017