Stop and Search

Question 1

What are the reasonable grounds for stop and search? (SHACKS)

Answer 1

S - Seen
H - Heard
A - Actions
C - Communication
K - Knowledge
S - Smelled (can’t use this on its own to justify stop and search)

Question 2

What is the legislation for use of reasonable force when exercising a stop and search?

Answer 2

s.117 PACE

Question 3

What is a stop and account?

Answer 3

• basic encounter with a suspicious person, however, no power of detention
• ask about their presence in an area, possession of an article, behaviour or actions
• they are not obliged to answer or assist in anyway

Question 4

What is the purpose of stop and search?

Answer 4

to enable officers to allay or confirm suspicions about individuals and/ or vehicles without exercising their power of arrest

Question 5

How must a stop and search be conducted? (GO WISELY D)

Answer 5

G - Grounds for the search
O - Object of the search
W - Warrant card
I - Identify yourself
S - Station
E - Entitlement to information surrounding the stop and search (three months to request this)
L - Legality
Y - You are being detained
D - Do you understand

Question 6

What are examples of different search powers in legislation?

Answer 6

S.23 Misuse of Drugs Act 1971
S.47 Firearms Act 1968
S.139 CJA 1988 (bladed/ sharply pointed article)
S.2 Poaching Prevention Act 1862
S.36/37 Psychoactive Substances Act 2016 (must be PWITS, not just possession)

Question 7

What types of searches are there?

Answer 7

Outer clothes
More than outer clothes

Question 8

How must an outer clothing search be conducted?

Answer 8

• No more than jacket, outer coat and gloves (JOG) can be removed
• can be done in public

Question 9

How must a more than outer clothing search be conducted?

Answer 9

• must be done in private by officer of the same sex
• removal of hijab must be out of view of opposite sex
• intimate searches must be done at a police station with two officers of the same sex
• appropriate adult required for vulnerable persons/ juveniles

Question 10

Can a search ever be voluntary?

Answer 10

• voluntary searches of people can never happen
• however, can search a property with the homeowners consent

Question 11

What does s.60 Criminal Justice and Public Order Act 1994 state in relation to stop and search?

Answer 11

• if an inspector reasonably believes that serious violence has/ may take place in their policing area, and that persons are carrying dangerous instruments, they may grant the authority for 24 hours for an area to be subjected to stop and searches
• communities and public must be informed throughout of the stop and search s.60

Question 12

What are alternative interventions to stop and search?

Answer 12

• arresting
• dispersal/ direction to leave powers
• local bye laws/ civil orders
• intelligence reporting

Question 13

What is the stop and search test?

Answer 13

Do I have specific intelligence, including my own observations, which provides reasonable grounds for suspecting that this person at this time in these circumstances possesses a specific prohibited article and that there is a likelihood based on these suspicions I will find the item I am looking for

Question 14

When conducting a stop and search, can you search all of the person?

Answer 14

You can only search the proportionate part, for example, if you had intelligence that the person put a knife in his left hand pocket, you must only search the left hand pocket