Stop And Search

Question 1

What is stop and search?

Answer 1

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.

Question 2

What areas can be subject to stop and search?

Answer 2

People and vehicles can be stopped and searched in public places.

Question 3

What is considered a public place for stop and search?

Answer 3

A public place includes streets, parks, shopping centers, public buildings, and any area accessible to the general public.

Question 4

What items are considered prohibited articles in a stop and search?

Answer 4

Prohibited articles include weapons, explosives, drugs, and items that could be used to commit a crime.

Question 5

What does ‘reasonable suspicion’ mean in stop and search?

Answer 5

Reasonable suspicion refers to a belief based on objective, factual evidence that justifies the stop and search, not mere intuition or stereotypes.

Question 6

Which act governs stop and search in the UK?

Answer 6

The Police and Criminal Evidence Act 1984 (PACE) governs stop and search.

Question 7

Which sections of PACE cover stop and search?

Answer 7

Sections 1-7 of PACE cover stop and search procedures.

Question 8

What does Code A of the Codes of Practice specify?

Answer 8

Code A outlines the procedures, obligations, and guidance for police officers on when it is appropriate to conduct a stop and search.

Question 9

Under which section of PACE can police search individuals in a public place?

Answer 9

Section 1 of PACE allows police to search individuals in a public place if they have reasonable suspicion.

Question 10

What are the grounds for conducting a stop and search under PACE?

Answer 10

Police must have reasonable suspicion that the person is carrying stolen or prohibited articles.

Question 11

What is required for a lawful stop and search?

Answer 11

Officers must have reasonable suspicion, identify themselves, explain the reason for the search, and provide a record of the search.

Question 12

Do officers have to be in uniform to conduct a stop and search?

Answer 12

No, but if not in uniform, officers must show their warrant card.

Question 13

What must an officer provide to the individual before a stop and search?

Answer 13

The officer must provide their name/number, the station they are from, and the reason for the search.

Question 14

What information must be recorded during a stop and search?

Answer 14

The grounds for the search, the individual’s name and address (if known), and any items seized must be recorded.

Question 15

What is required if the search leads to an arrest?

Answer 15

Officers must provide a written record of the search to the arrested individual or their legal representative at the earliest opportunity.

Question 16

What is reasonable suspicion based on?

Answer 16

Reasonable suspicion must be based on objective, articulable facts rather than stereotypes, personal biases, or gut feelings.

Question 17

Can age be a basis for reasonable suspicion?

Answer 17

No, reasonable suspicion cannot be based on age.

Question 18

Can race be a basis for reasonable suspicion?

Answer 18

No, race cannot form the basis of reasonable suspicion.

Question 19

What types of observations can lead to reasonable suspicion?

Answer 19

Observations that can lead to reasonable suspicion include things seen, heard, actions observed, knowledge, intelligence, and even smells.

Question 20

Why is it important that reasonable suspicion is not based on stereotypes?

Answer 20

To protect individuals’ rights and prevent discriminatory policing practices.

Question 21

What are prohibited articles in the context of stop and search?

Answer 21

Prohibited articles include items that can be used for unlawful interference, such as weapons, explosives, or items for causing damage.

Question 22

Give an example of an offensive weapon.

Answer 22

A knife.

Question 23

What is an example of an article used to cheat?

Answer 23

A card scanner.

Question 24

Give an example of an article used for causing damage.

Answer 24

Spray paint.

Question 25

What is an example of smuggled goods?

Answer 25

Counterfeit goods.

Question 26

What must a PCSO be in order to search someone?

Answer 26

A PCSO must be in uniform and can only search for alcohol, tobacco, or under the Terrorism Act 2000.

Question 27

What is required of an officer who is not in uniform before conducting a stop and search?

Answer 27

They must show their warrant card.

Question 28

Why must an officer identify themselves during a stop and search?

Answer 28

To ensure transparency and accountability.

Question 29

What must officers explain regarding the grounds for the search?

Answer 29

They must explain the legal grounds under which the search is being conducted.

Question 30

What is required regarding the location of a stop and search?

Answer 30

It must be conducted in a public place where the general public is allowed to be present.

Question 31

What is an individual’s right regarding receiving a record of the search?

Answer 31

Individuals have the right to receive a record of the search.

Question 32

Why must the search be conducted respectfully?

Answer 32

To protect the individual’s dignity and rights.

Question 33

What is the role of independent bodies like the IOPC in stop and search?

Answer 33

To review and oversee the conduct of stop and search practices to ensure compliance and protect individuals’ rights.

Question 34

Why must only necessary force be used in a stop and search?

Answer 34

To ensure the search is conducted safely and respects the individual’s rights.

Question 35

What should an officer do if they cannot provide a written record immediately?

Answer 35

Provide the record at the earliest opportunity after the search, especially if it leads to an arrest.

Question 36

What is Section 60 of the Criminal Justice and Public Order Act?

Answer 36

Section 60 allows a senior officer to authorize stop and search in a designated area without reasonable suspicion for a 24-hour period.

Question 37

When might Section 60 be invoked?

Answer 37

During events like protests or large gatherings, where there’s a risk of violence, e.g., Isle of Wight festival.

Question 38

What is Section 60AA of the Criminal Justice and Public Order Act?

Answer 38

Section 60AA allows police to ask individuals to remove face coverings used to hide their identity.

Question 39

Under which act can police remove shoes during a search?

Answer 39

The Misuse of Drugs Act 1971.

Question 40

What is required for police to conduct a stop and search under the Terrorism Act 2000?

Answer 40

They need permission to use the powers under this act.

Question 41

What is stop and account?

Answer 41

Stop and account is when an officer stops an individual and asks them to explain their actions or presence in an area.

Question 42

What questions might an officer ask during a stop and account?

Answer 42

An officer might ask what the person is doing, where they are going, or what they are carrying.

Question 43

Is reasonable suspicion required for stop and account?

Answer 43

No, reasonable suspicion is not required for stop and account.

Question 44

Can PCSOs conduct stop and account?

Answer 44

Yes, PCSOs have the power to conduct stop and account.

Question 45

What is the main purpose of stop and account?

Answer 45

To gather information and assess whether further action, like a stop and search, is necessary.