Powers to Stop and Search

Question 1

what does PACE stand for

Answer 1

Police and Criminal Evidence Act 1984

Question 2

What is section 41

Answer 2

The terrorism act 2000

Question 3

What must be the reasonable suspicion for an officer to stop and search a suspect under PACE?

Answer 3

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)

Question 4

What did the osmann 1999 case show?

Answer 4

That officers must give their name and station when doing a stop and search otherwise it is unlawful

Question 5

What else classifies a stop and search as unlawful except from not naming your name and station?

Answer 5

If an officer fails to give the reason for the search then it is unlawful

Question 6

What other case shows that a officer must give their name and police station before they search?

Answer 6

Michaels v Highbury corner magistrates court (2009)

Question 7

In the Michaels v Highbury corner magistrates court case 2009, what search was the case under?

Answer 7

Misuse of drugs act 1971

Question 8

In a public search what is the most an officer can request the suspect to remove? Under what section?

Answer 8

An outer coat
Jacket
Gloves

Section 2 point 9 of PACE

Question 9

What does Police Code of Practice A under PACE contain guidance on?

Answer 9

It contains guidance on when the powers to stop and search should be used.
Fairly, responsibly, with respect and without unlawful discrimination

Question 10

Quote the beginning of paragraph 2.2 of the Police Code of Practise A

Answer 10

“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”

Question 11

Where are the protected characteristics in a stop and search set out ? (Which act)

Answer 11

The equality act 2010

Question 12

Quote the end of paragraph 2.2 of the Police Code of Practise A

Answer 12

“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”

Question 13

When can an officer base his suspicions on appearance? (2)

Answer 13

1. Where there is reliable information that’s members of a group of gang habitually carry knives unlawfully of controlled drugs
2. When people wear a distinctive item of clothing or other means to show they are members of a group or gang

Question 14

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

Answer 14

Since 2004

Question 15

Which 2 acts of Parliament can give the police the right to stop and search people

Answer 15

1. The Misuse of Drugs Act 1971, stop and search for controlled drugs
2. Terrorism Act 2000, stop and search where there is reasonable suspicion that the person is involved in terrorism

Question 16

Under which section of which act do officers have more power to ask a suspect to remove their headgear and shoes

Answer 16

Section 43 and 44 of the Terrorism Act

Question 17

What year was the
‘Criminal Justice and Public Order Act’
What does this act do?
Who is it authorised by and why?

Answer 17

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

Question 18

What does section 60 (5) state?

Answer 18

“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”

Question 19

What is the negative of section 60 (5) ?

Answer 19

Can be seen as an infringement of civil liberties

Question 20

What does section 60AA of the CJPOA 1994 allow?

Answer 20

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

Question 21

What does PACE stand for ?

Answer 21

Police and Criminal Evidence

Question 22

How does code Of practise A describe reasonable suspicion

Answer 22

It sets out wha cannot be the sole reason for suspicion, personal appearance of previous convictions. Doesn’t define reasonable suspicion

Question 23

What power does S60 CJPOA 1994 give to police ?

Answer 23

Search anyone in a specified area without reasonable suspicion for 24 hours in anticipation of violence

Question 24

When can the police arrest without a warrant ?

Answer 24

When a person is suspected of being about to commit an offence, in the process of committing an offence or has committed offence

Question 25

What must the person making the arrest state to the person being arrested ?

Answer 25

Why they are under arrest, the reason for arrest , why the arrest is necessary and give a caution

Question 26

From 2005 there was a steady increase in the number of stop and searches, what was the number in its peak in 2008/9
Why was this ?

Answer 26

One and a half million

- extra stop and searches under section 60 of CJPOA 1994 and searches under terrorism

Question 27

How many stop and searches were there in 2010-11

Answer 27

Over 1,200,000 recorded

Question 28

What is the percentage of stop and searches under PACE the Metropolitan Police in London carry out ?

Answer 28

40 % under PACE

Question 29

Statistics show that ____________ people are seven times more likely than white people to be stopped and searched

Answer 29

Black people

Question 30

In which year did only 9% of those stopped and searched arrested?

Answer 30

2010/11

Question 31

What do statistics show in comparison to stop and searches to arrests?

Answer 31

Statistics show that when there are fewer stops and searches, then the proportion leading to an arrest is higher

Question 32

During the period 2000-2005 how many stop and searches were there and what was the percentage of arrests?

Answer 32

• only 850,000

- 13% lead to arrest

Question 33

In 1996 Tottenham an area of London had its stop and searches reduced by over 50% from the previous year. What happened to the proportion of arrests? And crime ?

Answer 33

The proportion of arrests increased from 10% to 17%

An increase of 17% in crimes such as burglary and street robbery

Question 34

stop and search has increased tenfold since 1986. What is the percentage of people stopped and search that are then arrested ?

Answer 34

Only 10-13% are then arrested