Lecture 33 Stop and Search?

Question 1

What PACE code deals with Stop and Search of persons and Vehicles?

Answer 1

Code A PACE

Question 2

Benefits of Stop and Search if applied correctly?

Answer 2

• Prevent and detect crime
• Prevent unnecessary arrest
• Increase public confidence in the public
• Less confrontation

Question 3

Consequences if applied incorrectly?

Answer 3

• Mistrust of the police

* A subsequent lack of co-operation with the police and we become more isolated from the communities that we serve.

Question 4

What must you remember?

Answer 4

There is no such thing as a voluntary search and you can’t search based on factors such as previous convictions.

Question 5

What is SHACKS?

Answer 5

Seen: What have you seen, including actions/ behaviour?
Heard: What have you heard, conversation, alarms, breaking glass etc?
Actions: What did they do. Did their action increase or decrease your actions to search?
Conversation: What they have said to you or someone else?
Knowledge: What is known about the individual in terms of intelligence, rather than previous convictions.
Smell: Are there any smells that give rise to suspicion.

Question 6

Where can you stop and search?

Answer 6

1. Remember under Stop and Search power: A public place is not a dwelling
2. However, you can search people in the gardens or yards attached to dwellings, but only if you have Reasonable Grounds to Believe that…
3. The person to be searched, does not reside at that dwelling, or does not have permission to be there…. OR
4. The person in the vehicle, is not at that place with the express or implied permission of a person who resides there.

Question 7

When are no reasonable grounds required?

Answer 7

1. Section 47A of the Terrorism Act 2000

2. Section 60 of the Criminal Justice and Public Order Act 1994

Question 8

Can you stop and search not in uniform?

Answer 8

Any police officer can stop and search a person, whether in uniform or not. However, you must show your warrant card if not in uniform. If you want to stop a vehicle in order to search a person. Then the officer must be in uniform when stopping the vehicle.

Question 9

Who can be detained?

Answer 9

• Any person
• There are no minimum age restrictions
• No requirement that the search be conducted in the presence of an appropriate adult.
• However, you must familiarise with the Stop and Search APP regarding dealing with children and young persons.

Question 10

What vehicles?

Answer 10

•Motor vehicle
•Mechanically Propelled Vehicle
•Unpowered (horse drawn wagon or ice cream cart)
•Not a bicycle
1.Any vehicle attended or unattended
2.Inside or on, including roof boxes or covered loads.

Question 11

What are stolen and prohibited articles?

Answer 11

• Stolen mean anything stolen within the Theft Act 1968, including the proceeds of stolen goods.
• A prohibited article means an article made or adapted for the use in the course of, or in connection with the following offences; (Burglary, Theft, TWOC, Criminal Damage, Prohibited Fireworks [category 4], Bladed or sharply pointed articles, offensive weapons).

Question 12

WHERE CAN THEY BE DETAINED?

Answer 12

• In any place where the public or any section of the public has access…
• On payment or otherwise, as of right or by virtue of expressed or implied permission
• In any other place to which people have ready access at the time when they propose
to exercise the power
• But not a dwelling…UNLESS… the person to be searched, or person in charge
• Of the vehicle, does not reside at the dwelling..
• Or
• The person or vehicle is not at that place with the express or implied permission of a
person who resides in the dwelling. (for this you need RGB not RBS)

Question 13

ISOGELWY?

Answer 13

• Identify
• Station
• Object
• Grounds (this is when you repeat your shacks
back to the person being stopped)
• Entitlement (90 days to get this)
• Legal Power
• Warrant Card, if in plain clothes
• You are detained 
The GELWY can be said in any order.
You may exercise Sec 117 PACE –reasonable force. Where it is reasonable in the circumstances. This should be a last resort where communication has failed.

Question 14

SEARCHING VULNERABLE PEOPLE?

Answer 14

• A person being searched may be vulnerable on grounds of age, gender, mental health or
physical or learning disabilities.
• Officers should talk to the person and check their understanding. Where there is doubt as to
the person’s ability to understand, officers consider seeking assistance from a parent, guardian
or carer, an interpreter (including sign language) or any other person deemed appropriate in
the circumstances to reduce any negative effect.
• Many vulnerabilities are not immediately apparent. This may even explain their conduct.
• Officers should be alert and sensitive to potential vulnerabilities of a person being searched.

Question 15

SEARCHING CHILDREN?

Answer 15

• If a person being stopped is identified as being; or believed to be, under 18,
officers should, without compromising their own or others’ safety:
• Adopt a non-threatening manner appropriate to the child’s age, eg, none
threatening and mild tone of voice.
• Remember that a young person who is treated fairly may become more
cooperative during the encounter and in the future.
• Children under the age of 10 should only be stopped in exceptional circumstances,
where it is necessary to do so

Question 16

LIMITS OF SEARCHING IN A PUBLIC PLACE?

Answer 16

• You can ask the person bring searched to voluntarily remove more than their outer
coat, jacket or gloves in public, but you must make it clear to them that they are under
no obligation to comply.
• A search in public of a person’s clothing which cannot be removed must be restricted to superficial examination of outer garments. However, this does not prevent you from placing your hand inside the pockets of the outer clothing, or feeling around the inside of collars, socks and shoes if this is reasonably necessary in the circumstances to look for the object of the search.

Question 17

Sex considerations?

Answer 17

A person search should be conducted by the same sex officer where practicable.

If an officer of the same sex is not available for a less intrusive search i.e (public place), then ensure that you are recording this on your Body Worn Video, if not, see if there is public CCTV (e.g council ones) that could record you conducting the search.

When searches which involve the removal of more than JOG, the search should be carried out by an officer of the same sex.
• Out of public view, for example police van, police station, side alley or doorway. (This should be located within a reasonable travelling distance).
• Only an officer of the same sex can carry out a search involving the removal of more than JOG. (police officer must be of same sex as person being searched, unless only headgear or footwear is removed.
• A search of this type may not be made in the presence of any member of the opposite sex unless the person being searched, specifically requests it.
• There should not be anyone present that does not need to be there.

Question 18

REMOVAL OF HEADGEAR, FACE COVERINGS AND FOOTWEAR?

Answer 18

• Many people customarily cover their heads, or faces for religious reasons, for example, Muslim women, Sikh men, Hindu women, or Rastafarian men or women.
• If you do have reason to ask someone to remove their headgear, or face covering there may be religious sensitivities about doing so, you should allow the item to be removed out of public view, where practicable the searching officer should be of the same sex as the person being searched and out of sight of anyone of the opposite sex.
• Same applies to removal of hats worn for fashion purposes, or bad weather, and footwear in that you can only remove them during a stop and search under section 1 of PACE out of public view, although the person may choose to remove them at the location of the stop and search whilst still in public view

Question 19

SEARCHES THAT EXPOSE INTIMATE PARTS OF THE BODY?

Answer 19

• If nothing is found in the course of the initial search, ‘a search involving exposure of intimate parts of the body can only be carried out a near by police station or another nearby location out of public view ‘. They cannot be carried out in a Police vehicle.
• NB*** A SEARCH EXPOSING INTIMATE PARTS OF THE BODY IS NOT THE SAME AS AN ‘INTIMATE SEARCH’. Must be same sex officer conducting search.
• There is a requirement to discuss your actions prior to searching a person when there may be exposure of intimate parts of the body (EIP).
• APP recommends an ethical discussion is held with a supervisor beforehand and the conversation recorded.
• Check Force Policy

Question 20

Whats the BUSSS Scheme?

Answer 20

The BUSSS aims to achieve greater transparency and community involvement in the use of Stop and Search powers. It also supports a more intelligence led approach that should result in better outcomes.
This is a voluntarily scheme which SYP has signed up to:
• It also ensures that individuals who are stopped and searched are made aware of
where to complain.
• Introduces a threshold above which South Yorkshire Police are compelled to
explain their use of stop & search and
• That the explanation given, primarily, to local stop and search boards.

Question 21

COMPLETING STOP & SEARCH DOCUMENTATION?

Answer 21

• Once you have completed the search you must make a record of the search at the time, either electronically or on paper.
• You must do this unless there is exceptional circumstances which would make this wholly impracticable; for example serious public order or when the searching officers presence if urgently needed elsewhere.
• If the record is made at the time the person who has been searched, or the person in charge of the vehicle must be asked if they want a copy and be given either one immediately or a receipt that explains how they can obtain a copy.
• If a record is not made at the time, you should inform the person searched of their entitlement to a copy of the record if application is made within three months, and to which police station they should apply

Question 22

What are the things to remember?

Answer 22

• If the person refuses or declines to provide any of their details, the officer should record a description of the person.
• Where the stop and searched is conducted by more than one officer, the identity of all officers engaged in the search must be recorded.
• A record is required for each person or vehicle being searched. However, if the person is in the vehicle and both are searched, only one record need be completed if the object and the grounds are the same.
• There is no requirement by the person being searched or the person in charge of the vehicle being searched to give their name, date of birth or their address
• If you search an unattended vehicle you must leave a notice on it, time & date with your name and police station on it.

Question 23

Body Worn Video use in Stop & Search SYP Policy?

Answer 23

All Stop and search encounters will be recorded unless the search is an ‘intimate search’ or ‘strip search’ or if the search requires the removal of more than outer clothing. Footage can be viewed by the Search Scrutiny Panel.

Unless an arrest is made, footage will be non-evidential. Should an officer be concerned about a potential complaint, a supervisor should review the footage within 90 days.

A video recording does not replace the need for you to complete a ‘record of the search’ This must occur in all circumstances.

There is currently no specific power in PACE to take a photographic or video image of a person during a stop search, although such action is not explicitly prohibited either.

Persons searched are not obliged to provide their name, address or D/O/B. Officers may not use BWV for the sole purpose of identifying the subject.

Question 24

The Terrorism Act 2000 provides police officers with special powers in relation to the prevention of acts of terrorism.
These powers relate to?

Answer 24

1. Section 43 Stopping and searching people
2. Section 43A Stopping and searching vehicles
3. Section 47A Stopping and searching vehicles & pedestrians in specified areas.
   are searching??

Question 25

Stop & Search people under section 43?

Answer 25

A PC may stop & search a person if they reasonably suspect to be a terrorist to discover whether that person has in their possession anything that constitutes evidence that they are a terrorist.
This power can be exercised anywhere at anytime.
NB** RGS has the same meaning in relation to PACE 1
A PC does not have to be in uniform Must be same sex as the person who they are searching??
A PC may exercise these powers in any part of the UK.
Limitations of search Jacket/Outer Coat/Gloves only, in a public place.

Question 26

Stop & Search vehicle under section 43A?

Answer 26

A PC may stop & search a vehicle if they reasonably suspect is being used for the purpose of terrorism.
This power can be exercised anywhere at anytime.
NB** RGS has the same meaning in relation to PACE 1
The power to search extends to:
• The vehicle
• The driver of the vehicle
• A passenger of the vehicle
• Anything in or on the vehicle, or carried by the driver or a passenger
A PC does not have to be in uniform
Must be same sex as the person who they are searching??
A pc has may exercise these powers in any part of the UK.
Limitations of search Jacket/Outer Coat/Gloves only, in a public place

Question 27

Stop & Search in a specified area section 47 A?

Answer 27

These are special stop and search powers in a specified area or place (authorised by ranking officer of ACC or above).
In these circumstances there are no grounds for reasonable suspicion required due to the threat level.
A PC needs to be in uniform and in these circumstances, they can ask the person to remove jacket, outer coat & gloves but also headgear and footwear
This section also applies to stop & search on vehicles/drivers/passengers

Question 28

What is Section 60 PACE?

Answer 28

• This authorisation is given if an Inspector reasonably believes that an incident involving serious violence will take place in any locality in their police area or if any reason believes that persons carrying dangerous instruments or offensive weapons without good reason.
• For you… It means once a section 60 is in place, it enables any uniformed officer to stop a pedestrian and search him or her for weapons and do likewise with vehicles and the occupants of vehicles. No suspicion is required.