Stop And Search Flashcards
Gowisely
Grounds
Object being searched for
Warrant card
Id name
Station
Entitled to copy of search
Legal
You are detained
Prevention of crime act 1953
S28 violent crime reduction act dangerous weapons
And bladed and sharply pointed criminal justice act 1998 section 139(1)
CJA 139(a)(2)schools offensive 139(a) (1) bladed or sharply pointed
RGS Search under pace 1 to find any articles above, stolen goods , or articles related to such an operation
MDA search under section 23 RGS
To prevent disappearing
Prompt and effective investigation
To prevent collusion
Prevent interfering with evidence
Prevent intimidation of witnesses
S17 search later indictable offence
S32 (2) search person upon rgb
32(2) (b) search premise immediately rgb
S18 after arrest later
Searching you as you match description of individual seen in this area with a weapon/knife/drugs and you are acting in a way that makes me think you have on you that article.
Therefore I am going to search you for drugs/knifes/offensive/stolen.
I am PC Milburn 1104 from Ferndown police station.
You are entitled to a copy of this search
I am searching you under pace 1 / MDA section 23
And you are detained for this search
Burglary 9(1)(A)
9(1)(b)
10(1)
INTENT to steal, criminal damage, GBH
9(1)(b) NO INTENT Steal or GBH
10(1) Aggravated if WIFE weapon, imitation firearm, firearm, explosive
Criminal damage act 1971
racially aggravated immediately before at or after
Damage need not be permanent
not time dependent threat
can be reckless as to causing damage
threat cant be reckless
INTENT you possesses item for crim damage or permit another to use it
CRIMINAL INTENT
HAS TO BE BASICALLY NEXT ACT THAT WOULD COMMIT CRIME
going equipped
Cant be in place of abode
in connection with theft or burglary
has to be easily accessible, ie nearby to hand
Handling stolen goods
Must act dishonestly
Must believe or know goods stolen
if you arrange or assist guilty even if good not in your possession yet
Not stolen when lawfully controlled ie Police officer retrieves them
Making an arrest
S32 search anywhere but Police station
No Need of force (unless necessary due to suspects actions)
MoP can arrest indictable now or past not future
PC can arrest past now future RGS
Misuse of Drug Act 1971
Have to have actual substance to be convicted (ir thinks its coke but its actually panadol no offence
S23 search person and property? RGS
Aggravating use in vicinity ot school, public place ie park, public view, local policing problem or repeat persistent offender
Possess as soon on property, dont have to be home
Offensive weapons
any article made or adapted for causing injury or intended with or by you or another person
Not at home or private place
Need lawful auth or good reason
School premmises
Sharply pointed or bladed if you carry pocket knife that is ok under SPB and they intend to use as weapon charge with offensive weapon
Powers of Entry S32 2 and 2b
32(2) person search : Search for any offence
:Other than police station
:RGB DIE
:Can seize anything found 32(8)(9)
32(2)(b) Property search :for Any indictable offence
Where person arrested or immediately prior
:only for evidence relating to the indictable offence
Section 17 Entry for purpose of arrest
RGB person in premise
W warrant A arrest indictable offence S Specified Offence P persons at large S save life or property
S18 (1) & (5) Search post arrest
(1) Occupied or controlled by RGS evidence related to or connected to that indictable offence. Auth Inspector needed
(5) person needed at search evidence relating to the offence indictable inform inspector as soon as possible
Public Order S3 Affray
threaten violence more than just words raising fists, letting dog lunge
Public or Private
Min one person doing the threatening
Drunk no defense
Public order S5
No intent needed, Display writing, sign, or other visible causing harassment, alarm or distress Public or private, but not in dwelling
Intent needed but no violence