Police Powers: Stop and Search Flashcards
what does PACE stand for
Police and Criminal Evidence Act 1984
What is section 41
The terrorism act 2000
What must be the reasonable suspicion for an officer to stop and search a suspect under PACE?
Must suspect the person is in possession of stolen goods or prohibited articles (knives, sharp objects, those in connection with bug part of theft or criminal damage)
What did the osmann 1999 case show?
That officers must give their name and station when doing a stop and search otherwise it is unlawful
What else classifies a stop and search as unlawful except from not naming your name and station?
If an officer fails to give the reason for the search then it is unlawful
What other case shows that a officer must give their name and police station before they search?
Michaels v Highbury corner magistrates court (2009)
In the Michaels v Highbury corner magistrates court case 2009, what search was the case under?
Misuse of drugs act 1971
In a public search what is the most an officer can request the suspect to remove? Under what section?
An outer coat
Jacket
Gloves
Section 2 point 9 of PACE
What does Police Code of Practice A under PACE contain guidance on?
It contains guidance on when the powers to stop and search should be used.
Fairly, responsibly, with respect and without unlawful discrimination
Quote the beginning of paragraph 2.2 of the Police Code of Practise A
“Reasonable suspicion can never be supported on the basis of personal factors alone”
“Reasonable suspicion cannot be based in generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in criminality”
Where are the protected characteristics in a stop and search set out ? (Which act)
The equality act 2010
Quote the end of paragraph 2.2 of the Police Code of Practise A
“Reasonable suspicion cannot be based in generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in criminality”
When can an officer base his suspicions on appearance? (2)
- Where there is reliable information that’s members of a group of gang habitually carry knives unlawfully of controlled drugs
- When people wear a distinctive item of clothing or other means to show they are members of a group or gang
What year did Code of Practise A make it clear that s voluntary search can only be made where a power to search already exists
Since 2004
Which 2 acts of Parliament can give the police the right to stop and search people
- The Misuse of Drugs Act 1971, stop and search for controlled drugs
- Terrorism Act 2000, stop and search where there is reasonable suspicion that the person is involved in terrorism
Under which section of which act do officers have more power to ask a suspect to remove their headgear and shoes
Section 43 and 44 of the Terrorism Act
What year was the
‘Criminal Justice and Public Order Act’
What does this act do?
Who is it authorised by and why?
1994
Gives the police the right to stop and search in anticipation of violence
Has to be authorised by a senior police officer who reasonably believes that serious violence may take place in the area
What does section 60 (5) state?
“A constable may…stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles”
What is the negative of section 60 (5) ?
Can be seen as an infringement of civil liberties
What does section 60AA of the CJPOA 1994 allow?
Allows the police to ask a person to remove any item that they have reasonable grounds for believing is being worn to conceal that persons identity such as a scarf
What does PACE stand for ?
Police and Criminal Evidence
How does code Of practise A describe reasonable suspicion
It sets out wha cannot be the sole reason for suspicion, personal appearance of previous convictions. Doesn’t define reasonable suspicion
What power does S60 CJPOA 1994 give to police ?
Search anyone in a specified area without reasonable suspicion for 24 hours in anticipation of violence
When can the police arrest without a warrant ?
When a person is suspected of being about to commit an offence, in the process of committing an offence or has committed offence
