PP: Stop and Search

Question 1

Powers Under PACE 1984

Answer 1

S.1 PACE 1984:
- Right to Stop and Search in a Public Place

Public Place:
- Street and can include other areas e.g. carparks and gardens (if officer has good reason to believe person doesn’t live there)

Police Officer must have Reasonable Grounds to believe that the person has stolen goods or prohibited articles

Prohibited Articles:
- Offensive Weapons and articles for use in connection with burglary or theft

> CJA 2003:

• S.1(3): Items in connection with Criminal Damage prohibited
• S.1(6): Officer can sieze any stolen/prohibited articles

> SOCPA 2005:
- Fireworks now prohibited article

Question 2

PACE Safeguards for Searches

Answer 2

S + S Powers very wide, safeguards needed to protect people

S.117 PACE 1984:
- Reasonable force can be used when making search

S.2 PACE 1984:
- Officer must state Name, Station and reason for search
> Osman v DPP: Officers didn’t give names or station, QBD said search was unlawful

S.2(9) PACE 1984:
- If in public place, can only ask person to remove outer coat, jacket and gloves

S.3 PACE 1984:
- Report of search (stating grounds and outcome) should be made, copy should be given to suspect
- If unpractical to give report at time, must give it to suspect within
> Michaels v Highbury Corner Magistrates Court:
- Man searched for drugs becuase he was seen putting something in his mouth
- Police told him not to swallow but he did, charged with obstructing justice
- Officers didn’t give name or station, not legal search, conviction quashed

Question 3

Code A

Answer 3

Code A under PACE: Gives guidance on whn powers of S+S should be used

Paragraph 2.2:

• Reasonable Suspicion cannot be supported on Personal Factors without Supporting Intelligence or some Specific Behaviour by the person concerned
• Age, Race, Appearance or being known to have a Previous Conviction cannot be used as reasons for searching a person

Appearance:
- Police can make search based on appearance if there is reliable information stating that members of a group/gang regularly carry weapons/controlled drugs and wear a distinctive item of clothing

Voluntary Searches:
- Code A states Voluntary search can only be made where power to search already exists

Question 4

Other Powers to Stop and Search

Answer 4

Misuse of Drugs Act 1971:
- Power to Stop and Search for controlled drugs

Terrorism Act 2000:

• S.43 and S.44 give powers to S+S
• More powers than PACE: can ask suspect to remove headgear and shoes

Question 5

Terrorism Act 2000

Answer 5

Reasonable Suspicion:

• Not originally required under S.44
• Gillian + Quinton v UK: Held that no RS needed was a breach of Article 8 ECHR
• Protection From Freedoms Act 2012: RS needed under S.44

Question 6

Criminal Justice and Public Order Act 1994

Answer 6

S.60 CJPOA 1994:

• Police can stop and search in anticipation of violence
• Can only take place for 24hrs if Senior Police Officer authorises it

S.60(5):
- Don’t need Reasonable Suspicion to stop people

S.60AA:
- Officer can ask person to remove any item that they have reasonable grounds for believing is concealing a person’s identity

Question 7

Problems of Stop and Search

Answer 7

2008/9: Over 1 Million S+S under PACE
40% S+S carried out in London

Met Police: Black people 21x more likely to be searched

Balance of Interests:

• Difficulty balancing crime prevention and rights of others
• Senstive areas include removal of items worn for religious reasons
• Importance of removing these seen in attempted 2005 London Bombings, prevented by a S+S

Arrests:

• Only a small number of S+S lead to arrest
• 2008/9 only 10% of S+S led to arrest
• 1996 Tottenham, S+S reduced by over 50%, arrests from S+S increased 10% > 17%

Question 8

Searches of Premises
and
Searches Without a Warrant

Answer 8

Search of Premises:

• S.8 PACE 1984: Police can search premises with Warrant
• Magistrates must grant Warrant, Police must have RS that Indictable offence has been committed and evidence is on premises

Search without Warrant:

• S.17: Police can enter to capture person who is unlawfully at large or to protect people/property
• S.18: After arrest for Indictable offence Police can search premises if RS of evidence being there
• S.32: After arrest for Indictable offence Police can search areas where suspect has just been or where they were arrested if RS that evidence is there
• S.19: Once on premises Police can Sieze any relevant evidence

Question 9

S + S Procedure:
GO WISELY  (Recap)

Answer 9

G- Grounds for Search (S.2)
O- Objects Searching For (S.2)
W- Warrant [If Police in plain clothes] (S.2)
I- Identity of Officers (S.2)
S- Station Details (S.2)
E- Entitlement to Copy of Report (S.3)
L- Legal Powers Exercised (S.3)
Y- Year to get Copy of Report (S.3)