Stop And Search Flashcards
What is stop and search?
Stop and search is a police power allowing officers to search individuals or vehicles in a public place if they suspect prohibited or stolen items are present.
What areas can be subject to stop and search?
People and vehicles can be stopped and searched in public places.
What is considered a public place for stop and search?
A public place includes streets, parks, shopping centers, public buildings, and any area accessible to the general public.
What items are considered prohibited articles in a stop and search?
Prohibited articles include weapons, explosives, drugs, and items that could be used to commit a crime.
What does ‘reasonable suspicion’ mean in stop and search?
Reasonable suspicion refers to a belief based on objective, factual evidence that justifies the stop and search, not mere intuition or stereotypes.
Which act governs stop and search in the UK?
The Police and Criminal Evidence Act 1984 (PACE) governs stop and search.
Which sections of PACE cover stop and search?
Sections 1-7 of PACE cover stop and search procedures.
What does Code A of the Codes of Practice specify?
Code A outlines the procedures, obligations, and guidance for police officers on when it is appropriate to conduct a stop and search.
Under which section of PACE can police search individuals in a public place?
Section 1 of PACE allows police to search individuals in a public place if they have reasonable suspicion.
What are the grounds for conducting a stop and search under PACE?
Police must have reasonable suspicion that the person is carrying stolen or prohibited articles.
What is required for a lawful stop and search?
Officers must have reasonable suspicion, identify themselves, explain the reason for the search, and provide a record of the search.
Do officers have to be in uniform to conduct a stop and search?
No, but if not in uniform, officers must show their warrant card.
What must an officer provide to the individual before a stop and search?
- their name/number
- the station they are from
- the reason for the search
What information must be recorded during a stop and search?
- The grounds for the search
- The individual’s name and address
- any items seized must be recorded
What is required if the search leads to an arrest?
Officers or their legal representative must provide a written record of the search to the arrested individual, at the earliest opportunity.
Can age be a basis for reasonable suspicion?
No, reasonable suspicion cannot be based on age.
Can race be a basis for reasonable suspicion?
No, race cannot form the basis of reasonable suspicion.
Why is it important that reasonable suspicion is not based on stereotypes?
To protect individuals’ rights and prevent discriminatory policing practices.
What are prohibited articles in the context of stop and search?
Prohibited articles include items that can be used for unlawful interference, such as weapons, explosives, or items for causing damage.
Give an example of an offensive weapon.
A knife.
What is an example of an article used to cheat?
A card scanner.
Give an example of an article used for causing damage.
Spray paint.
What is an example of smuggled goods?
Counterfeit goods.
What must a PCSO be in order to search someone?
A PCSO must be in uniform and can only search for alcohol, tobacco, or under the Terrorism Act 2000.
Why must an officer identify themselves during a stop and search?
To ensure transparency and accountability.
What must officers explain regarding the grounds for the search?
They must explain the legal grounds under which the search is being conducted.Which is PACE 1984
What is required regarding the location of a stop and search?
It must be conducted in a public place where the general public is allowed to be present.
What is an individual’s right regarding receiving a record of the search?
Individuals have the right to receive a record of the search.
Why must the search be conducted respectfully?
To protect the individual’s dignity and rights.
What is the role of independent bodies like the IOPC in stop and search?
To review and oversee the conduct of stop and search practices to ensure compliance and protect individuals’ rights.
Why must only necessary force be used in a stop and search?
To ensure the search is conducted safely and respects the individual’s rights.
What should an officer do if they cannot provide a written record immediately?
Provide the record at the earliest opportunity after the search, especially if it leads to an arrest.
What is Section 60 of the Criminal Justice and Public Order Act?
Section 60 allows a senior officer to authorize stop and search in a designated area without reasonable suspicion for a 24-hour period.
When might Section 60 be invoked?
During events like protests or large gatherings, where there’s a risk of violence, e.g., Isle of Wight festival.
What is Section 60AA of the Criminal Justice and Public Order Act?
Section 60AA allows police to ask individuals to remove face coverings used to hide their identity.
Under which act can police remove shoes during a search?
The Misuse of Drugs Act 1971.
What is required for police to conduct a stop and search under the Terrorism Act 2000?
They need permission to use the powers under this act.
What is stop and account?
Stop and account is when an officer stops an individual and asks them to explain their actions or presence in an area.
What questions might an officer ask during a stop and account?
An officer might ask what the person is doing, where they are going, or what they are carrying.
Is reasonable suspicion required for stop and account?
No, reasonable suspicion is not required for stop and account.
Can PCSOs conduct stop and account?
Yes, PCSOs have the power to conduct stop and account.
What is the main purpose of stop and account?
To gather information and assess whether further action, like a stop and search, is necessary.
