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Request Number: FOI/15632

Category: Organisational Information & Performance - Procedures

Subject: IOPC guidelines

Request and Answer: 
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does hold information to which your request relates. The decision has been taken to disclose the following.

Request 1
The Independent Office for Police Conduct (IOPC) has stated that the smell of cannabis alone is not sufficient grounds for a stop and search, and police forces are being trained to follow this guidance. Instead, officers should look for multiple, objective factors to establish reasonable grounds, considering behavioural cues and other intelligence, to ensure searches are legitimate and effective, and to avoid the disproportionate impact of stop and search on certain communities. 

Does the PSNI follow these guidelines or 

Answer 1
Yes - Student Officers are taught that the smell of cannabis alone is not sufficient grounds for a stop and search under section Misuse of Drugs Act 1971. It Is taught that other factors must be established or in place such as the subjects behaviour, intelligence and/ or information as well as the smell of cannabis and that this is communicated to the subject when exercising this power.

Request 2
Do they operate under different guidelines?

Answer 2
No.

Request 3
If not what guidance do PSNI officers use?

Answer 3
N/A.