Stop & Search Policy

1. Aim

 

The aim of this Policy is to outline the circumstances in which Noa's decide to stop and search those working in the organisation, and the arrangements relating to this.

 

This Policy only relates to the stopping and searching of those working within the organisation. This includes those who are not employees including casual workers, self-employed contractors or agency staff. The Policy does not address any search that might be required in relation to customers or other visitors to the organisation.

 

2. General principles

 

The searching of those who work at Noa's will only be carried out by trained team members. A list of those team members who are trained to carry out searches is held by the HR Team. This will usually be limited to those working in the security department but other appropriately trained team members may be able to conduct a stop and search if required.

 

The trained team member will outline the following prior to any search being carried out:

• Explain the reason for the search (i.e. random search);

• That a written record will be kept of the stop and search process being undertaken;

• The searches carried out will not be of an intimate nature and therefore it should not usually be necessary for searches to be carried out by someone of the same gender as the individual being searched;

• The individual being searched may request that the search is undertaken by a person of the same gender. This should be explained and the individual requests this before the search commences;

• A non-intimate search covers a variety of types of searches i.e. physical property being searched such as lockers, drawers, bags, exterior clothing being worn by or belonging to the team member (pockets of coats, jeans etc.)

• The individual being searched has the right to request that a colleague is present during the search. This should be explained and requested by the individual before the search commences; and

• The individual owning the property being searched will usually be present during the search. It is only in exceptional situations that this will not be the case, and such searches must be authorised by a senior manager of Manchester Central.

 

3. Searching of vehicles

 

Noa's reserves the right to search any vehicles as they enter or leave the organisation’s premises.

The trained team members will outline the following prior to any search being carried out:

• If it is intended that a vehicle is searched, the team member carrying out the search will indicate to the driver that they wish to conduct a search;

• The driver will be requested to drive to a safe place where other traffic is not obstructed;

• The driver will be requested to turn off the engine and leave the vehicle;

• Explain the reason for the search;

• That a written record will be kept of stop and search proceedings;

• The driver whose car is being searched has the right to request that a colleague is present during the search. This should be explained and requested by the driver before the search commences;

• The driver of the vehicle being searched will usually be present during the search. It is only in exceptional situations that this will not be the case, and such searches must be authorised by a senior manager of Noa's.

 

4. Searching of bags

 

Noa's reserves the right to search the bags of any individual (employee, casual worker, contractor or agency worker) working in the organisation as they enter or leave the organisation’s premises.

If it is intended to carry out a search, the individual who owns the bags being searched will be asked to come to a private room. The individual will either be asked to empty their bag or will be asked to give the bag to the person carrying out the search for him/her to look and search inside. If the individual is required to empty the bag the person carrying out the search will then inspect the empty bag.

 

5. Other searches

 

On some occasions it might also be deemed appropriate to search other items – for example coats. In such a situation the individual being searched will be asked to come to a private room. The individual will be asked to allow the search to proceed.

 

6. Refusing to allow a search

 

An individual working for the organisation cannot refuse to allow a search to take place.

If an individual working for the organisation does refuse to allow a trained team member to carry out a search they will be asked to give a reason for the refusal. This will be noted down by the trained team member who will then contact the Head of Security or the HR Team for further advice.

If the refusal relates to a concern about the team member who is carrying out the search (for example, because they are of the opposite gender) then another trained team member may be asked to carry out the search.

Refusal to allow a search to continue once any concerns have been addressed may result in disciplinary action.

 

7. Action to be taken if irregularity is discovered

 

If the individual being searched is found to be bringing in or taking away from Noa's something which is thought to be against the rules, policies and procedures of Noa's, the individual will be asked to wait whilst the HR Team is contacted.

 

Bringing banned items into Noa's (e.g. drugs, knives – these examples are not exhaustive) could result in disciplinary action being taken including summary dismissal.

Taking items from Noa's without permission (e.g. company documents, company property, food items, culinary items – these examples are not exhaustive) could result in disciplinary action being taken including summary dismissal.

In such cases Noa's reserves the right to suspend the individual on full pay whilst further investigations are carried out.

 

8. Frequency of searches

 

There is no limitation on the number of occasions on which an individual can be searched.

 

9. Recording of searches

 

The team member carrying out the search will be required to make a note in the stop and search record of every search that is carried out. The following information will be logged:

• Date of search;

• Time of search;

• Individual searched (name and department);

• Items searched (e.g. vehicle, bag); and

• Any action taken.

 

The search record must be signed by both the team member carrying out the search and the individual who was searched.

 

10. Complaints about the search process

 

Any complaints about the search process should be addressed to the HR Team.