Stop and Search Flashcards
BUSSS
In response to public concerns regarding the disproportionate use of stop and search powers, the government in 2014 introduced the Best Use of Stop and Search Scheme (otherwise known as BUSSS). The aim of the scheme was to achieve greater transparency, community involvement in monitoring the use of stop and search powers, and to support a more intelligence-led approach. This included ensuring stop and search was conducted fairly and effectively, an element that has been implemented in the revised codes of practice Code A. Key recommendations from HMICs inspection that contributed to this scheme included the provision of better training, supervision, and monitoring of police officers in their use of stop and search.
Impact of inappropriate use of stop and search
The inappropriate use of stop and search can have a significant negative impact on communities, which could have the following consequences:
- Less engagement, cooperation, and provision of information to assist police in the execution of their duty.
- Mistrust in police and reluctance to report crime.
- Possible public unrest and disorder.
- Any evidence obtained during the search may be open to challenge.
What are the 5 most common stop and search powers?
Section 1 Police and Criminal Evidence Act 1984 (s1 PACE 1984).
Section 23 Misuse of Drugs Act 1971 (s23 MODA 1971).
Section 47 Firearms Act 1968.
Section 43 and 47 Terrorism Act 2000.
Section 60 Criminal Justice Act and Public Order Act 1994 (s60 CJPO 1994).
Section 1 PACE 1984
A constable may exercise any power conferred by this section —
(a) in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or
(b) in any other place to which people have ready access at the time when he proposes to exercise the power, but which is not a dwelling.
A constable may search any person or vehicle or anything which is in or on a vehicle, for stolen or prohibited articles or any firework and may detain a person or vehicle for the purpose of such a search provided they have reasonable grounds for suspecting that they will find stolen or prohibited articles or any firework.
POSH
To assist you in identifying and structuring your grounds, the POSH model, designed by the Met, can assist you in recognising reasonable suspicion.
Paint the picture
Observe
Smell
Hear
GOWISELY
Before a search can commence you must provide the following information, captured in a mnemonic as GOWISELY.
Grounds
Object
Warrant card
Identity
Station
Entitlement (You must offer a copy of the search or 5090A at the time and explain their entitlement to a copy of the search record within three months)
Law / legal power
You are detained
The quality encounter model
The quality encounter model known as EERR encourages good behaviour and reflects a positive stop and search encounter.
Explain
Ensure
Record
Reassure
What are the 5 different levels of search?
- JOG (jacket, outer clothing, gloves)
- Headgear and footwear
- Religious headgear
- Upper and lower clothing
- MTIPS (more thorough intimate parts search)
Where and who can perform a JOG search?
Any officer.
In a public place (in public view)
Where and who can perform a headgear and footwear search?
Any officer.
Out of public view
Where and who can perform a religious headgear search?
Same sex officer where practicable.
Out of public view.
Where and who can perform an upper and lower search?
Same sex officer.
Out of public view.
Where and who can perform an intimate search?
Must be two officers of the same sex. BWV off.
Look, don’t touch. Bend, don’t squat.
Out of public view, for example, a police station (not a police van).
Supervisor authority must be obtained prior to the search.
What personal information does a person searched need to provide?
The person searched is under no obligation to provide their name, address or date of birth and they should not be asked to provide this information just for the purpose of completing the search record.
However, an officer can ask for this information during the encounter for the purposes of:
Detection of crime.
Vulnerability assessment.
Intelligence gathering.
How are stop and searches recorded? and what information should be recorded?
This is done on form 5090 (or 5090A electronically on a tablet), and the record should include the following minimum information:
- Date, time and location of the search.
- Searching officer’s name and any other officers present.
- Name, age, self-defined ethnicity and address of the person
searched. - Grounds for the search.
Any illegal items found need to be recorded on the search record. If a vehicle has been searched then the registration, make and model should be recorded.
In the case that a search is completed and the item sought isn’t found then it’s considered a ‘suspicion allayed search’ and not a negative search. Whatever the outcome, the encounter is still valuable intelligence that adds to the bigger picture, so make sure you provide an accurate and detailed record of the search.
