Search Guidance and Procedures following Supreme Court Decision

Response

1. Has this force implemented the NPCC draft interim search guidance (published on 22nd May 2025 Police search guidance following Supreme Court decision). 

 

No, although we are in the process of updating our policy to incorporate this.

 

2. If so, what date was the draft interim search guidance implemented in this force. 

 

This question is not applicable.

 

3. Provide a copy of any communication (from chief officer team, legal dept, training dept, force lead for searching, HR dept or Equalities dept) given to staff with regard to the implementation of this guidance and include date circulated/sent. 

 

Please see attached the following intranet guidance:

 

• Disclosure 1 – New search guidance following Supreme Court decision

 

Further information that may be of interest has previously been published as part of this previous FOI response (see disclosure document 3):

 

Within the attached document, names other than senior officers (Superintendent and above) have been redacted and withheld under the following exemption:

 

• Section 40(2) – Personal Information.

 

Section 40 is a class based absolute exemption and there is no requirement to consider the public interest in this case.

 

Any information to which a request relates is exempt if it constitutes personal data and would contravene any of the data protection principles.  Personal data relates to a living individual who can be identified directly from the information, or identifiable indirectly in combination with other available information.

 

To disclose the information would significantly increase the risk of individuals being identified, which would breach principle 1 (lawfulness, fairness and transparency) of the Data Protection Act 2018.

 

This serves as a partial refusal notice under section 17(1) of the FOI Act.

 

4. If not, what policy/guidance is being followed by this force in relation to searches exceeding those of the most basic type*? Please provide a copy of the policy/guidance with regard to such searches. Stipulate whether these are only being undertaken by an officer of the same sex** as the person being searched. If not, please provide details of the circumstances in which a search of this nature may be undertaken by an officer not of the same sex. 

 

*Searches involving the removal of jacket, outer clothing and gloves, more normally termed as ‘more thorough searches 

 

**Same sex meaning the same biological sex as determined and observed at conception/birth.

 

The recorded policies currently held in relation to Stop and Search are available via the following links:

 

Stop and search policy | Avon and Somerset Police

 

Stop and search | Avon and Somerset Police

 

I can also advise that our Stop and search policy is due for review in the coming month or so.

 

Please also see attached the relevant sections of our Custody procedure:

 

• Custody Standard Operating Protocol 2022 Version 9.14 – Searches; Strip and Intimate Search; Concealed Items

 

Insofar as the information requested is already available via the links provided, it falls under the Section 21 exemption, relating to information accessible via other means. Section 21 is an absolute and class based exemption and as such does not require a harm and public interest test.