stop and search Flashcards
what do the police have powers to do
stop and search
arrest
detain, interview and investigate
What does PACE stand for
Police and criminal evidence act 1984
What section and code does stop and search come from
S.1 PACE code A
What is stop and search
In England and wales, s+s is the power given to police to search an individual or vehicle if they have “reasonable grounds” to suspect the person is carrying something suspicious/ criminal
The police search the individual or vehicle if they suspect that the person is carrying what?
-illegal drugs
-a weapon
-stolen property
-something which could be used to commit a crime, such as a crowbar
What can police officers NOT stop you for
-your race
-your gender
-any previous criminal record
What are “prohibited articles” S1 PACE
When the police believe that someone is carrying illegal drugs or a weapon, have stolen property or have something in their possession that might be used to commit a crime
What must be done under the equality act 2010
Powers to stop and search must be used fairly, responsibly with respect for people being searched and without unlawful discrimination
What does the children act 2004 cover?
The children act 2004, also requires chief police officers and other specified persons and bodies to ensure that when carrying out their duties they must safeguard and promote the welfare of all persons under the age of 18
Protected characteristics are part of what act and code
CODE A: equality act 2010
What are included in the protected characteristics
- age
- disability
- gender reassignment
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation
Where can stop and search take place
- only in a public place
- a public place is anywhere the public has access either with or without payment, for example in the street, in a shopping centre or cinema, but not a private house, garden or yard
Reasonable grounds for stop and search
Reasonable grounds are a suspicion that:
- the person is unlawfully in possession of, or has unlawfully obtained, a prohibited article
- the person is a terrorist or to prevent an act of terrorism
What must be followed when stop and search is in place
GO WISELY
What does GO WISELY stand for
G- police officer needs to have reasonable grounds for carrying out at s+s
O- person being stopped must be informed of the object or reason for s+s
W- if in plain clothes, the officer should produce a warrant card
I- identify, the officer should introduce themselves by name
S- the officer should name the police station they are attached too
E- explain that the person stopped is entitled to a record of the stop and search
L- explain from which act the legal right to s+s comes from (S1. PACE CODE A)
Y- inform the person ‘you are being detained for a search’
