Searching Flashcards
What 3 things came out of the Stephen Laurence enquiry in relation to the way the police conducted stop and search?
Openness
Accountability
Restoration of confidence
What code of PACE covers stop and search?
Code A
What is the communication mnemonic used in relation to searching?
LEAPS
Listen Empathise Ask Paraphrase Summarise
What acts can you stop and search under?
Mainly: S.1 PACE S.32 pace (reasonable grounds to believe person may present a danger to self or others or have something concealed on them that may lead them to escape lawful custody or which might be evidence of an offence) S.23 misuse of drugs act S.139 crim justice act 1988 (re blades)
Others:
S.47 firearms
Terrorism act 2000
Young persons act
What must you have to conduct a stop and search?
Reasonable grounds to believe/suspect
What must reasonable grounds be based on?
Objective - based on fact
What is the different between suspect and believe?
Suspect - evidence/intelligence suggests that there is a probability
Believe - something confirms the suspicion (evidence)
I.e - suspect someone is smoking cannabis, you believe it when you see them holding a joint.
What is the difference between appearance and description?
Appearance - subjective, can be woolly (ie someone is ‘scruffy’)
Description - more specific and objective (I.e red short sleeved tshirt)
Searches should be based on appearance or description?
Description
What mnemonic is used to evaluate /identify your reasonable grounds for searching?
SHACKS
Seen Heard Actions Conversations Knowledge Smell
All if the above can help to build reasonable grounds to suspect ‘x’ so that you can conduct a search
Remember all actions should be what?
PLAN
Proportionate
Legal
Accountable
Necessary
An unlawful search would breach what right?
Article 5 of human rights act - the right to liberty.
What can you ask someone to remove for the purposes of a search?
JOG
Jacket
Outercoat
Gloves
How should you search?
In quadrants.
Split the person/car/room into 4 sections
What does section 1 of PACE say about searching?
‘A police constable may detain in order to search any person, vehicle, or anything which is in or on a vehicle, in any place to which the public has access, if he/she has reasonable grounds for suspecting that stolen or prohibited articles or bladed or sharply pointed articles or prohibited fireworks will be found’
Can articles found be seized?
Yes
What mnemonic outlines what should be communicated to a person before conducting a search?
GO WISELY
G - grounds (for the search)
O - object (looking for - purpose of search)
W - warrant card (if not in uniform)
I - identity (of officer)
S - station (of officer)
E - Entitlement (to copy of search record - avail for 3 mths)
L - Legal power (the legislation under which search is conducted; I.e S1 PACE / misuse of drugs act etc)
Y - You are detained (for the purposes of a search)
What should you consider before searching?
Where you are Who is around CCTV Where your colleagues are Is the person compliant The persons demeanour If under influence of alcohol/drugs What Ppe you have
Always remember - the person is ways a high or unknown risk.
What section of PACE gives powers or arrest?
S.24
What section of the criminal justice act 1988 defines the offence of carrying a blade/sharp object?
S.139
‘Any person who has with him in a public place, any article which has a blade or is sharply pointed (except a folding pocket knife the cutting edge if which is 7.62cm or less and is not lockable) shall be guilty of an offence’
What section of which act extends the offence of blade carrying to include schools?
S.139a of criminal justice act 1988
What are the Points to prove for the offence of carrying a blade under s.139 of criminal justice act 1988
The object (blade in line with definition - I.e blade longer than 7.62 cm and lockable)
‘Has with him’ - in his possession
In a ‘public place’
What would possible defences be for carrying a blade/sharp object?
- good reason or lawful authority to have the article with them in a public place or a school (ie chef with his knives)
- for use at work
- religious reasons (Sikhs carry small daggers)
- part of national costume
- in a school for educational purposes
Which section if criminal justice act 1988 also gives power to enter a school to search for blades/pointed articles?
S.139a
Which act makes it an offence to carry offensive weapons?
S.1 of prevention of crime act 1953
How is the offence of carrying offensive weapons defined?
‘Without lawful authority or reasonable excuse, proof thereof shall lie on him; has with him in any public place any offensive weapon, shall be guilty of an offence’
S.1 prevention of crime act 1953
What are the 3 types of offensive weapons?
1) made - manufactured for sole purpose if being used to injure (ie knuckle duster, Samuri sword, flick knife)
2) Adapted - any item which in its original form had innocent use but has been altered or modified in order to enable then to cause injury. (Ie smashed bottle neck/ snooker ball in sock/ spiked baseball bat)
3) Intended - the weapon does not need to be made of adapted to cause injury (ie baseball bat on its own, chair in pub). Note: YOU have to prove the persons ‘intent’ to cause injury.
What is instant arming?
When Carrying an innocent object (ie umbrella) which is then used in the spur of the moment as a weapon (ie if attacked). An object used in defence (not an intended weapon)
What 2 things can an offensive weapon be at the same time?
Adapted and Intended
What section of which act extends the offence of carrying offensive weapons in a public place to include schools?
S.139a of criminal justice act 1988
What characteristics of an article excludes it from being an offensive weapon?
If it is over 100 years old. it is then an antique and does not apply.
(Samuri swords are slightly different - if manufactured before 1950? then it is classed as an antique)
What does ‘going equipped’ mean?
‘A person is guilty if not at his abode he has with him any article for use in the course of, or in conjunction with, any burglary or theft’.
S.25(1) theft act 1968
What are the points to prove for going equipped?
1) accused not in his place of abode
2) he knowingly had with him
3) any article
4) for use in the cause of, or in conjunction with, burglary or theft
S.25 theft act