Stop and Search Flashcards
Stop and search powers
- Section 1 PACE 1984
- Section 23 Misuse of Drugs Act 1971
- Section 47 Firearms Act 1968
- Section 43 and 47 Terrorism Act 2000
- Section 60 Criminal Justice Act and Public Order Act 1994
POSH
Paint the picture (info and intel)
Observe (what can you see)
Smell
Hear
GOWISELY
Grounds Object Warrant card Identity Station Entitlement Law or Legal power You are being detained Exception
Grounds
- give information to the person being stopped and searched so they understand the grounds in which you are stopping them
Object
- be clear about what you are looking for
- describe the object in as much detail as received by the witness
Warrant card
- must show your warrant card if not in uniform, or asked to
Identity
You must intensify yourself with your name, in uniform or plain clothes
Station
must state geographical station you are from
Station
must state geographical station you are from
Entitlement
must offer a copy of the search or 5090A at the time and explain their entitlement to a copy within three months
Law or Legal power
explain the legal power you are acting under
Your are being detained
explain that the person is being detained under the law to be searched, it is not voluntary
Exception
- if a person resits or runs away
- must record as to why you were unable to give GOWISELY
EERR
Explain - introduction and explain what will happen
Ensure - ensure the person understands what is happening
Record - provide acknowledgement of the encounter (offer copy of search)
Reassure - positive departure
JOG - jacket, outer coat ang gloves removal
- standard
- any officer
- public place (in view)
- no authority required
Headgear and footwear
- any officer
- out of public view
- no authority required
Religious headgear
- same sex officer where applicable
- out of public view
- no authority
Upper and lower clothing
- same sex officer
- out of public view (in custody)
MTIPS - intimate parts search
- two officers of the same sex
- supervisor authority must be obtained
- medical professional present
Personal information
- no obligation to provide name, address or date of birth
- officer does not need to ask, unless for the purpose of:
- detection of crime
- vulnerability assessment
- intelligence gathering
Recording the search
- must be made at the time
- form 5090
- must include: date, time and location of search, officers name and any other officers present, name age, self defined ethnicity and address of the person searched, grounds
- any illegal item seized must be recorded
Vulnerable persons
extra care taken if -age -gender mental ill health -physical or learning disabilties
Vulnerability Assessment Framework (VAF) ABCDE
A - appearance and atmosphere B - behaviour C - communication D - danger E - environment
Reasonable grounds
- reasonable grounds of suspicion should be based on intelligence and facts rather than hunches which cannot be explained
- Use the POSH matrix to formulate and structure your grounds
Search and record
- every time a person is stop and searched, a record of the search must be made at the time unless you are urgently required elsewhere, which will be the exception and not the norm. A copy of the search record or a receipt must be offered at the end of the encounter. Remember, this is a 5090A if using a tablet, or a copy of the 5090.
S1 PACE 1984
(a)
- any person or vehicle
- exercise power
- public or any section of the public has access on payment, or otherwise
- as of right, or
- by virtue, or expressed/implied permission
(b)
- any other place people have access too at any time
- not a dwelling
S139 Criminal Justice Act 1988
- referred to schools
- power to enter to search for pointed and bladed articles or offensive weapons
SOAP
Stolen Off Articles (prohibited, in connection with burglary, theft, TDA, criminal damage, fraud) Pointed / bladed \+ fireworks
Humans rights infringement
- rights to liberty (5)
- rights to privacy (8)
