Stop And Search Flashcards
Where are the codes of practice set out?
S66 of pace act 1984
What act was created in 1984?
Pace act
What is set out in s66 of the pace act 1984?
The codes of practice
What amended the pace act 1984?
Several acts of Parliament but specifically the serious organised crime and police act 2005
What act was created in 2005?
Serious organised crime and police act
When was pace created?
1984
When was the serious organised crime and police act created?
2005
What is the purpose of the codes of practice?
To provide guidelines as to the exercise of certain powers
What happens if there is a breach of the codes of practice?
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
Where is the power of stop and search set out?
S1-7 of pace 1984
What is set out in s1-7 of pace 1984?
The power of stop and search
Where can the police stop people and vehicles?
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
What must an officer have in order to stop and search?
Reasonable grounds for suspecting possession of stolen goods or prohibited articles (of they are in the vehicle)
How has the criminal justice act 2003 extended the power of stop and search?
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
What act was created in 2003?
The criminal justice act
When was the criminal justice act created?
2003
What rules apply to officers when making a search?
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)
On conducting the search what must a police officer tell the individual?
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)
What is the purpose of having rules in place when conducting a search?
The rules are designed to safeguard the rights of the suspect
What case is relevant to stop and search?
Osman v DPP (1999)
What case happened in 1999?
Osman v DPP
In what year was the case of Osman v DPP?
1999
What happened in the case of Osman v DPP (1999)?
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
What does code A state?
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)
