Police Powers - Stop and Search

Question 1

What must suspicion be based on?

Answer 1

Intelligence
Information
Suspicious Behaviour

Question 2

Prohibited Articles are . . .

Answer 2

Drugs (Misuse of Drugs Act), Weapons (Firearms Act) or possessions that could be used to commit a burglary or cause criminal damage.

Question 3

Which items can an officer ask a suspect to remove in a stop and search?

Answer 3

Coat, Jacket and Gloves

Question 4

What must a police officer tell a suspect in a stop and search?

Answer 4

Their name, number and station. If they aren’t in uniform they must show their ID. Must tell suspect reason for search and explain the grounds. Also provide suspect with a copy of the report.

Question 5

What must a report of a stop and search include?

Answer 5

Time, date, location, reason, grounds, outcome, any injury or damage caused as well as the ethnicity of the suspect (McPherson’s Report)

Question 6

What will happen if police officers do not conform to rules regarding Stop and Search?

Answer 6

The evidence is inadmissible as seen in Osman v DPP

Question 7

What does Code of Practice A state?

Answer 7

That the powers must be used fairly,with respect and without discrimination

Question 8

Rice v Connolly

Answer 8

The suspect would not answer questions when he was behaving suspiciously in an area where there had been some burglaries. He couldn’t be charged with obstructing an officer in his duty as he wasn’t hostile - public can refuse to answer.

Question 9

Ricketts v Cox

Answer 9

In this case the suspect was very abusive when questioned. He was convicted of obstructing an officer in his duty

Question 10

What is Stop and Account?

Answer 10

Police can ask individuals to stop and account for their presence in an are,their behaviour, actions or possession of anything.

Question 11

What does S.1 PACE state?

Answer 11

Police have the power to stop and search an individual or vehicle in a public place.

Question 12

What is considered a public place?

Answer 12

Street, park, car park, or even a private garden if the police don’t believe the suspect lives at that address.

Question 13

What does S.117 of PACE state?

Answer 13

Police can use reasonable force.

Question 14

Osman v DPP

Answer 14

Police did not provide Osman with their name, number or station. This meant the stop and search wasn’t lawful and Osman was not charged with assaulting an officer.

Question 15

What is a fishing expedition?

Answer 15

When police search an individual or vehicle in the hopes of finding something to justify their search.

Question 16

What does S.60 of the Criminal Justice and Public Order Act allow?

Answer 16

Allows S+S without reasonable grounds or suspicion. Must be issued by a senior officer in anticipation of violence, e.g. football hooliganism and riots.

Question 17

What does S44 of the Terrorism Act allow?

Answer 17

Police to S+S without reasonable grounds or suspicion. Must be issued by a senior officer in anticipation of terrorism.