stop and search Flashcards
stop and search can be conducted when:
- you have REASONABLE GROUNDS to suspect someone (or vehicle) is carrying a PROHIBITED ARTICLE or ITEM TO BE USED IN CRIME
or
- to PREVENT incidents of SERIOUS CRIME
JOG
jacket
outerwear
gloves
public view
MTS - more thorough search
done out of public view
must be done by same sex officer and not in presences of opposite sex unless impossible to do so
EIP - exposure of intimate parts
not routine
nearby station or other nearby location not in public view (but not police vehicle. hospital maybe)
CODE A
how the power to stop and search should and shouldn’t be used
section 1 PACE
reasonable grounds for suspicion to stop and search individuals or vehicles
what does reasonable mean
must be an objective basis for suspicion
section 60 criminal justice and public order act 1994
provides police with a stop and search power:
- to prevent incidents involving serious injury
- to deal with the carrying of offensive weapons or dangerous instruments which have been used in in incidents involving serious violence
commonly authorised to deal with :
- gang violence
- public disorder
- protests
authorised for a defined period of time within a designated geographical area
PLAN
Proportionate
Lawful
Accountable
Necessary
GO WISELY
all information you must provide to a person
G rounds of search
O bject or purpose of search
W arrant card
I dentification
S tation
E ntitlement to a copy of the search record
L egal power (which section of which act)
Y ou are being detained for the purposes of a search
what sections can you stop and search under
- PACE 1984 Section 1
- Misuse of Drugs Act 1971 Section 23
- Criminal Justice and Public Order Act 1994 Section 60
- Terrorism Act 2000 Section 43
SHACKS
S een
H eard
A ction
C onversation
K nowledge
S mell
Best Use of Stop and Search Scheme
- introduced by Home Secretary 2014
- aims to encourage the use of stop and search powers in an intelligence led way for a better outcome
which PACE powers don’t require a warrant
- Section 17
- Section 18
- Section 32
additional search powers not requiring a warrant available under legislation
- Proceeds of Crime Act 2002 section 289
- UK Borders Act 2007 section 44