Stop and Search Flashcards
What is the statute for Stop and Search?
PACE 1984
What does s78 of PACE allow?
the court may refuse to allow evidence which is unfairly obtained
What is the power given under s1 of PACE?
Police have the right to detain and search people and vehicles in public places if they reasonable grounds for suspecting the person stopped (or the vehicle) has stolen goods, offensive weapons, or prohibited articiles
What is a public place?
Any place to which the public have access to
What are reasonable grounds for suspecting?
Objective factual reasons for suspecting the person has a prohibited item
Reasonable suspicion means…
- strong suspicion;
- with a sound factual basis;
- that could be evaluated by an objective third person
What are SOAP items?
Stolen goods
Offensive weapons - items made or adapted for use in causing injury or intended for causing injury
Articles for theft, burglary, criminal damage and certain fireworks
Pointed or bladed items
What is stated in Paragraph 2.2 of Code A?
reasonable suspicion can never be supported on the basis of personal factors alone
What is the exception when a PC may base suspicion on appearance?
if they have “gang-related things” upon them
PACE s2&3 - Safeguards exist…
1) The PO must give name, station and grounds for the search or it is unlawful
2) An officer searching a person in public can only request removal of outer clothing (JOG)
3) The officer must make a written report asap about the search
4) Police can only detain and search a suspect for a reasonable time
What happened in the case of Osman v DPP 1999?
officers did not give their name or station so the search as unlawful and the D was not guilty of assaulting the police in the execution of duty
What is JOG clothing?
Jacket, Outer-clothing, Gloves
What are the other statutes that allow police to stop and search?
- S60 CJ&PO Act 1994
- The Misuse of Drugs Act 1971
- Terrorism Act 2000
