Search Powers (Stop & Search)

Question 1

What is the primary purpose of stop and search?

Answer 1

The primary purpose of stop and search powers is to enable officers to allay or confirm suspicions about individuals without exercising their power of arrest.

Code A Police & Criminal Evidence Act 1984 (Para 1.4)

Question 2

How does stop and search play an important role?

Answer 2

Can play an important role in the detection and prevention of crime and using the powers fairly makes them more effective.

Code A Police & Criminal Evidence Act 1984 (Para 1.3)

Question 3

State 4 key laws stop and search can be conducted?

Answer 3

Code A of the Police and Criminal Evidence Act 1984 (PACE Code A)

Section 23 of the Misuse of Drugs Act 1971

Section 60 of the Criminal Justice and Public Order Act 1994

Sections 43 and 47A of the Terrorism Act 2000

Question 4

What does s1 PACE 1984 state?

Answer 4

A constable has REASONABLE GROUNDS for SUSPECTING that they will find stolen/prohibited articles. They may search persons or vehicles for stolen or prohibited articles and may detain person/vehicle for the purpose.

Question 5

What must your reasonable grounds be based on?

Provide examples

Answer 5

Must be based on objective facts that another person could evaluate

For example:
• An individual’s behaviour, and
• The time or place where an individual is, and/or
• Any property they are carrying, and/or
• Information from witnesses or intelligence

Question 6

How can an objective basis for suspicion/ reasonable grounds be formed?

Answer 6

The mnemonic ‘SHACKS’ highlights what can be used to form an objective basis for suspicion

Seen 
Heard 
Action 
Conversation 
Knowledge 
Smell

Question 7

What are the police requirements before search?

Answer 7

GO WISELY

Grounds for suspicion
Object being searched for
Warrant card (if not in uniform)
Identity of officer (name and CN)
Station to which officer is attached
Entitlement to a copy of search record within 3 months
Legal power used
You are detained for the purpose of a search

Question 8

Which items may be removed during a search?

Answer 8

Only remove Jacket, Outer Coat & Gloves in public. JOG

Question 9

What is the criteria for a more thorough search?

Answer 9

All must be done out of public view

Removal of more than J.O.G made by an officer of the same sex as the person searched

Searches involving exposure of intimate parts may be carried out only at a nearby police station out of public view

Question 10

What data must be recorded?

Answer 10

• The ethnic background as provided by the person searched
• The date, time and place of the stop and search
• The reason for the stop and search
• Your name and/or collar number and
• What you were searching for
o Was object found?