Stop and Search Flashcards
What is the Key Legislation for STOP and SEARCH ?
Police and Criminal Evidence Act 1984 (PACE)
What is covered in Section 1-7 of The Police and Criminal Evidence Act 1984 (PACE) ?
Stop and Search
What does Section 1 of the Police and Criminal Evidence Act 1984 (PACE) cover ?
Allows police officers to stop and search any person or vehicle if they have reasonable grounds to suspect that they will find stolen goods, prohibited articles (e.g., offensive weapons, burglary tools), or articles intended to cause criminal damage.
What does Section 2 of the Police and Criminal Evidence Act 1984 (PACE) cover ?
Provisions Relating to Search Under Section 1
Officers must :
• Identify themselves as police officers.
• Show their warrant card if not in uniform.
• Inform the person being searched of the legal grounds for the search.
• Record the Search in a public place, including the grounds for the search, the individual’s name and address (if known), and any items seized.
• Provide a Written Record: If the search leads to an arrest, officers must provide a written record of the search at the earliest opportunity
In order for the stop and search to be lawful.
What does Section 3 of the Police and Criminal Evidence Act 1984 (PACE) cover ?
Keeping Records : Officers are required to make a written record of every search conducted Under Section 1, including details such as the date, time, place of the search, the grounds for the search, the outcome, and the identity of the officer conducting the search.
What does Section 4 of the Police and Criminal Evidence Act 1984 (PACE) cover ?
Road Checks Authority: Allows senior police officers to authorize road checks in specific circumstances, such as to find persons unlawfully at large, persons who have committed serious offenses, or witnesses to serious offenses.
Conditions : checks can only be conducted if certain conditions are met, including the necessity of the check for the specified purpose.
What does Section 5 of the Police and Criminal Evidence Act 1984 (PACE) cover ?
Access and Copying
Seized Items: Provides individuals with the right to access and copy documents or records that have been seized by the police during a search, as long as it does not interfere with the investigation.
What does Section 6 of the Police and Criminal Evidence Act 1984 (PACE) cover ?
Authority to Seize: Allows police officers to seize any item found during a lawful search if the officer has reasonable grounds to believe it is evidence of an offense or it has been obtained in consequence of the commission of an offense, and it is necessary to seize it to prevent it from being concealed, lost, damaged, altered, or destroyed.
What does Section 7 of the Police and Criminal Evidence Act 1984 (PACE) cover ?
Retention of Seized Items : Outlines the conditions under which seized items can be retained by the police, primarily for use as evidence in legal proceedings or for forensic examination. Items must be returned if they are no longer needed for these purposes.
What is definition of reasonably Suspicious ?
Refers to a belief or suspicion based on significant facts and circumstances that would lead a reasonable person to conclude that a crime has occurred , is occurring ,or is about to occur.this suspicion must be on objective and articulable facts rather than mere speculation or gut feeling.
What can’t Reasonably suspicious be based on ?
• Age
• Race
• Appearance
• Person known to police (i.e. has previous ‘form’)
What May Reasonably suspicious be based on ?
• Seen
• Heard
• Actions
• Knowledge/intelligence and/or
Smell
What is a prohibited article ?
A weapons, a explosive or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference that jeopardizes the security of civil aviation.
What are the 4 Types of prohibited articles
• Offensive weapons
• Articles for use in cheat
• Articles for causing damage
• Smuggled goods
Give an Example of Offensive weapons ?
•Knives
•Brass Knuckles
•Machetes
•Pepper Spray
•Improvised Weapons
