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z A2 Law - Police Powers > Stop And Search > Flashcards

Stop And Search Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Where are the codes of practice set out?

A

S66 of pace act 1984

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2
Q

What act was created in 1984?

A

Pace act

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3
Q

What is set out in s66 of the pace act 1984?

A

The codes of practice

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4
Q

What amended the pace act 1984?

A

Several acts of Parliament but specifically the serious organised crime and police act 2005

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5
Q

What act was created in 2005?

A

Serious organised crime and police act

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6
Q

When was pace created?

A

1984

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7
Q

When was the serious organised crime and police act created?

A

2005

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8
Q

What is the purpose of the codes of practice?

A

To provide guidelines as to the exercise of certain powers

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9
Q

What happens if there is a breach of the codes of practice?

A

This cannot give rise to legal action but if there is a ‘serious and substantial’ breach it could leave to evidence being excluded in the trial

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10
Q

Where is the power of stop and search set out?

A

S1-7 of pace 1984

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11
Q

What is set out in s1-7 of pace 1984?

A

The power of stop and search

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12
Q

Where can the police stop people and vehicles?

A

They can stop people and vehicles in a ‘public place’

This can extend to a pub car park or private garden if the officer has reasons for believing they do not live there

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13
Q

What must an officer have in order to stop and search?

A

Reasonable grounds for suspecting possession of stolen goods or prohibited articles (of they are in the vehicle)

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14
Q

How has the criminal justice act 2003 extended the power of stop and search?

A

It now allows for the police to stop people if they have reasonable grounds for suspecting the individual has articles intended to be used for criminal damage

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15
Q

What act was created in 2003?

A

The criminal justice act

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16
Q

When was the criminal justice act created?

A

2003

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17
Q

What rules apply to officers when making a search?

A

If the search is in public, outer clothes may only be removed and embarrassment must be kept to a minimum
They must tell the suspect:
Their name and the station they are attached to (officers not in uniform must provide documentary evidence of their id)
Why the search is being made
The grounds for making a search
Make a record of the search at the time (or as soon as practicable afterwards)

18
Q

On conducting the search what must a police officer tell the individual?

A

They must tell the suspect:
Their name and the station they are attached to (officers not in uniform must provide documentary evidence of their id)
Why the search is being made
The grounds for making a search
Make a record of the search at the time (or as soon as practicable afterwards)

19
Q

What is the purpose of having rules in place when conducting a search?

A

The rules are designed to safeguard the rights of the suspect

20
Q

What case is relevant to stop and search?

A

Osman v DPP (1999)

21
Q

What case happened in 1999?

A

Osman v DPP

22
Q

In what year was the case of Osman v DPP?

A

1999

23
Q

What happened in the case of Osman v DPP (1999)?

A

Mr Osman was charged with assaulting a police officer when he tried to resist a search. However the QBD quashed the conviction as the police had committed an unlawful search and arrest as they failed to give their names or details of the station

24
Q

What does code A state?

A

Reasonable suspicion can never be supported on the basis of personal factors alone such as a persons colour, age, the fact they have a previous conviction or on the basis of stereotypes (unless it is of someone in a gang wearing an identifying tag)

25
Q

What is a ‘reasonable grounds of suspicion’ based on?

A

An objective reason. Usually information such as a report the person has a knife
And a subjective reason such as someone behaving unusually

26
Q

What powers do the police have in relation to voluntary searches?

A

The police can carry out voluntary searches where they have the power to search the person anyway

27
Q

What act was created in 1971?

A

The misuse of drugs act

28
Q

When was the misuse of drugs act created?

A

1971

29
Q

What does the misuse of drugs act 1971 allow?

A

The police to stop and search if they believe the suspect is in possession of a controlled drug

30
Q

What allows the police to stop and search?

A

S1-7 of pace

31
Q

What allows the police to stop and search a suspect if they believe they are in possession of drugs?

A

The misuse of drugs act 1971

32
Q

How much force can the police use?

A

Reasonable force

33
Q

When can the police use force?

A

It should be a last resort and they should try to persuade the individually to cooperate first

34
Q

Where are police powers contained?

A

The police and criminal evidence act 1984

Codes of practice which are found under s66 of pace

35
Q

What is a large problem with the stop and search legislation?

A

Lots of the language involved is very vague and subjective. Words such as ‘reasonable’ is very open to interpretation

36
Q

What is the problem with unclear legislation?

A

Police officers are unclear about the amount of power they can have. This can lead to people overusing it. This can then lead to problems with public policy and cause uproar from the public.

37
Q

What does code a of the pace act 1984 contain?

A

Police powers of a stop and search

38
Q

Where are police powers of a stop and search contained?

A

Code A

39
Q

When discussing pace 1984 and codes of practice what is the order you should say it in?

A

E.g stop and search as set out in s1-7 of pace 1984 under code a

40
Q

What does s60 of the criminal justice and public order act 1994 allow?

A

It gives the police power up stop and search in anticipation of serious violence in any locality. Reasonable grounds for suspicion isn’t needed but permission from a senior officer is

41
Q

Discuss the terrorism act 2004…

A

This have police powers to stop and search where there is reasonable suspicions that the person is involved in terrorism. However this power has been recently suspended by the government as it conflicts with human rights

42
Q

What does s4 of pace 1984 allow for?

A

Road checks of any vehicle of there if someone who has committed an indictable offence in that area at large

z A2 Law - Police Powers (5 decks)

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