Stop and Search Flashcards
Give an intro on stop and search
“The Police and Criminal Evidence Act (PACE) and the PACE codes of practice provide the core framework of police powers and safeguards around stop and search, arrest, detention, investigation, identification and interviewing detainees”.
“PACE sets out to strike the right balance between the powers of the police and the rights and freedoms of the public. Maintaining that balance is a key element of PACE”.
What are some additional Stop and Search powers?
Misuse of Drugs Act 1971
Can stop and search anyone reasonably suspected of unlawful possession of a controlled drug.
Terrorism Act 2000
Power to stop and search on reasonable suspicion for involvement in terrorism.
Criminal Justice and Public Order Act 1994
Can stop and search anyone in an area where they reasonably believe serious violence may occur.
Anti-Terrorism Crime and Security Act 2001
Home Secretary can secretly authorise police to carry out random stop and searches in the fight against terrorism.
Describe sections 18/32 and 19 of PACE
s 18 – after an arrest, police can search premises occupied or controlled by the suspect if they reasonably believe there is evidence of this offence or other offences there.
s 32 – after an arrest, police can enter and search premises where person was when arrested or immediately before arrest if there is reasonable suspicion to believe there is evidence of the offence there.
s 19 – once lawfully on the premises, police may seize and retain any item that is evidence of a crime.
