Correct on the date of publication - 25 May 2026
Question:
When conducting a stop and search under section 1 of PACE, if the person is wearing a baseball cap on their head, can the police officer ask the person to remove it for the purpose of the search?
Answer:
A stop and search conducted under section 1 of PACE must be carried out in compliance with sections 1 and 2 of PACE, and in accordance with PACE Code of Practice A.
Section 2(9)(a) of PACE provides that when exercising the power under section 1 of PACE, an officer may not require a person to remove any of their clothing in public other than an outer coat, jacket or gloves.
This is supported by the guidance in paragraph 3.5 of PACE Code of Practice A which also states that there is no power to require a person to remove any clothing in public other than an outer coat, jacket or gloves. This guidance further states that a search in public of a person's clothing which has not been removed must be restricted to a superficial examination of outer garments and it is permitted for an officer to place their hand inside the pockets of the outer clothing, or feeling round the inside of collars, socks and shoes if this is reasonably necessary in the circumstances to look for the object of the search, or to remove and examine any item reasonably suspected to be the object of the search. A person's hair may also be searched in public subject to the restrictions on the removal of headgear (note the requirement to consider where there may be religious sensitivities about ordering the removal and to ensure that every reasonable effort is made to minimise the embarrassment that a person being searched may experience).
Therefore, the officer can only require a person subject to a stop and search under section 1 of PACE to remove their outer coat, jacket or gloves in public. However, an officer can conduct a superficial examination of the baseball cap without removal – that being an outer garment - if that is reasonably necessary in the circumstances to look for the object of the search. However, if the officer feels that a more thorough search is needed to remove the baseball cap for the purpose of the search, the person could be asked to remove it voluntarily (see note 7 of PACE Code of Practice A – notes for guidance) or, if that request is refused, the officer may conduct a more thorough search out of public view, for example, in a police van or police station (if there is one nearby), in accordance with paragraph 3.6 of PACE Code of Practice A. Where the more thorough search is conducted solely to remove the baseball cap, that search can be conducted by an officer of any gender (but an officer must be sensitive to religious considerations if requiring the removal of headgear that is being worn for religious reasons – this is unlikely to be applicable to the wearing of a baseball cap).
View the full Legal Q&A document here, with links to related and similar legal questions.
For quick and easy access in the future, click the pin icon from the top right of any document to save it to 'My Documents'.
