STOP AND SEARCH Flashcards
What are the Most Commonly used Stop and Search Powers?
- S.1 Police and Criminal Evidence Act 1984
( stolen or prohibited items, Bladed or sharply pointed articles, Prohibited fireworks.) - S.23 Misuse of Drugs Act 1971
(Prohibited drugs, Controlled drugs)
- S.60 Criminal Justice and Public Order Act 1994
(Offensive weapons or dangerous instruments)
What does a constable need in order to conduct a stop and search?
Reasonable grounds to suspect the person/vehicle is in possession of the article before detaining them
What should a constable inform a person of before they begin a search?
The constable must inform the person that they are being detained for the purposes of the search.
What type of search can be performed in a public place? What can be searched under this?
JOG
Jacket, Outer Coat, Gloves
There is no power to remove outer clothing and it must be carried out where the person was first detained.
Where should a EIP search be carried out?
- At a police station. (Exposing Intimate Parts of the body
- This should be done out of sight of anyone of the opposite sex unless it is the appropriate adult requested by the person.
- This should not be done in view of anyone who does not need to be there.
When searching, what is the mnemonic to ensure the search is lawful?
GO WISELY
G - GROUNDS
O - OBJECTS
W - WARRANT
I - INFORMATION / INTELLIGENCE
S - STATION
E - ENTITLED (TO RECORD)
L - LEGISLATION
Y - YOU ARE DETAINED
Does a constable have to be in uniform to stop and search for the purposes of S.1 of PACE?
No - A constable can conduct a stop and search under this power whether they are in uniform or not
What is the mnemonic for what all decisions made during the course of stop and search should be?
PLANE : -
PROPORTIONATE
LEGAL
ACCOUNTABLE
NECESSARY
ETHICAL
What power can be exercised under s.60?
- The power to stop and search anyone in a particular geographical area with authorisation from assistant chief constable and above
- Last for 24hours unless extended by superintendent
