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What is Section 60? (without suspicion searches)

Section 60 has been authorised in some areas of the UK as a result of recent public unrest and rioting – providing the police with extended powers in certain situations.

So what is Section 60? How long does Section 60 last, who does it affect – and what does it legally enable the police to do?

The experienced solicitors at DPP Law – specialists in wrongful arrest cases and legal action against the police – explain Section 60 and its implications below.

What is Section 60?

“Section 60” refers to a section of the Criminal Justice and Public Order Act 1994 which details temporary adjustments to standard stop and search powers.

Specifically, it allows the police to perform a search on any individual or vehicle within a certain area in order to recover weapons, bladed articles and other dangerous items that could otherwise be used to injure or cause damage.

Section 60 may only be implemented in specific, predetermined locations – usually those subject to a significant perceived risk of heightened criminal activity – to prevent public order offences, knife crime, criminal damage and other illegal or violent acts.

The difference between Section 60 powers and standard stop and search is that the former may be enacted “without suspicion”, whereas officers must be able to prove that they have “reasonable grounds for suspicion” when it comes to the latter.

When can police enforce Section 60?

So – why use Section 60, and when is it legally permitted?

As we have mentioned, Section 60 powers may be temporarily authorised by police inspectors in locations that are under clear threat of violence or unrest, as a means of maintaining order and preventing the escalation of illegal and dangerous activity.

The intention is to protect individuals living and working in the area, as well as visitors and businesses operating locally.

The powers bestowed on the police under Section 60 may be enforced at any time of day in a designated area within a set period. As there is a legal basis for Section 60 searches, they do not violate your right to protest, instead ensuring that any planned demonstration can go underway safely.

What must the police do if they stop you under Section 60?

There are clear guidelines covering the enforcement of Section 60.

If you suspect that you have been wrongfully arrested following a stop and search that was illegally performed using Section 60 powers – i.e., where officers behaved as if there was a Section 60 in place at a time or in a location where this wasn’t the case – be sure to check the guidelines first to confirm this.

Section 60 powers allow the police to stop and search anyone within a set location, provided that the officers involved explain why they have stopped the individual, offer them a receipt following the stop and search and ensure that the whole interaction is filmed on bodycam.

They must also make it clear that there is a Section 60 currently in place.

It should be noted that, during a Section 60 search, police are permitted to ask that any face coverings be removed if they have reason to believe they are being used to hide your identity. Failure to comply with this request constitutes an offence and may be considered grounds for arrest.

How long does a Section 60 order last?

Section 60 orders may last up to 24 hours. It is then possible for authorities to extend them for an additional 24 hours where it is deemed necessary.

What to do if you feel you have been wrongly searched, handled or arrested as a result of Section 60?

If you have explored the powers granted to the police under Section 60 and feel that officers did not correctly adhere to the relevant regulations – or if you were stopped and searched, handled or arrested through the use of Section 60 powers at a time or in a location where these did not apply – you should seriously consider consulting a solicitor.

Searches performed by police without adherence to the correct regulations are grounds for legal action, as they are unlawful. Should that search result in your being taken into custody, this would constitute a wrongful arrest.

DPP Law has a dedicated 24-hour arrest line that is open 7 days a week, 365 days per year. You can call us at any time to discuss your rights, seek advice and request legal support and representation.

Do not hesitate to get in contact regarding your experiences with the police in relation to Section 60 – particularly if you have reason to believe that what has taken place was unlawful or in violation of your rights. Our legal experts can help you to collect proof that this was the case, as well as represent you at hearings or in court where required.