1.4 - Police Powers to Stop & Search Flashcards
What is the purpose of stop and searches?
The purpose of stop and searches is to allow to police officers to investigate their suspicions without having to make any arrests.
State the section and Act that gives the police the right to stop and search people in public.
s1, code A of the Police and Criminal Evidence Act 1984 (PACE).
Define ‘public place’.
Public place refers to any area that the general public has access to e.g. the streets, car parks and even gardens if the police have good reason to suspect that the person does not live there.
For what reasons can the police stop and search an individual?
In order for the police to stop and search, they must have reasonable grounds for suspecting that the individual is in possession of stolen goods or prohibited articles, and must also satisfy an objective and subjective test.
Explain what prohibited articles are.
Prohibited articles include offensive weapons (knives, sharp objects) and items used in burglary, theft and for criminal damage (as amended by the Criminal Justice Act 2003) and for fireworks (as amended by the Serious Organised Crime and Police Act 2005).
State the section and Act which allows the police to seize prohibited articles.
s1(6) of PACE.
What is an objective test? Give a case example.
An objective test requires the police officer to consider the views of a regular citizen as well as intelligence and the suspect’s behaviour e.g. Castorina v Chief Constable of Surrey.
What is a subjective test? Give a case example.
A subjective test is based on the personal beliefs, perceptions and views in the circumstance of the police e.g. O’Hara v Chief Constable of RUC.
What 4 things must reasonable suspicion not be based on? State the section and Act which sets this out.
Reasonable suspicion cannot be based on protected characteristics, physical appearance, stereotypes or previous convictions as stated under code A, paragraph 2.2 of PACE.
What does paragraph 1.1 of PACE state?
Paragraph 1.1 holds that all individuals must be treated respectfully and equally, with no discrimination.
What 3 things must the police provide prior to searching? State the section and Act that sets this out.
Under s2 of PACE, the police officer must give their name, station and reason for stop and search prior to searching.
What does s2(3) of PACE outline? What may happen if this is ignored? Give a case example.
Detectives must provide their ID and a warrant before a search. Failure to do so may result in the search becoming unlawful and would thus invalidate any evidence, as shown in Osman v DDP.
What items of clothing can the police request the removal of publicly under s2(9) of PACE? Where may any other items of clothing be removed?
s2(9) allows the police officer to request the removal of an outer coat, jacket and gloves publicly - any other items of clothing that need to be removed should be done privately e.g. back of a police van.
What does s(3) of PACE hold?
s(3) PACE holds that after every search, the police officer must write a report, stating the ethnicity of the individual(s) involved - a copy must be handed to the individual.
In what circumstance do the police not need to have reasonable suspicion? Identify the section and Act that sets this out.
Under s60 of the Criminal Justice and Public Order Act 1994, the police officer does not need to have reasonable suspicion if they anticipate serious violence, although reasonable force can only be used.
