Stop and Search

Question 1

Main piece of legislation

Answer 1

Police and Criminal Evidence Act 1984 (PACE) as amended by the codes of practice

Question 2

s1 of Pace

Answer 2

Police can stop and search if they have reasonable suspicion that prohibited articles, stolen goods or articles made, adapted or intended for burglary or criminal damage are in their possession

Question 3

Other statutes giving police power to stop and search

Answer 3

The misuse of drugs act 1971 - power to search fro prohibited drugs

Terrorism act 2000 - can ask for headgear and shoes to be removed, in addition to outer coat jacket and gloves permitted under PACE

S60 of CJPOA 1994 - stop and search anyone in an area designated by a senior officer for up to 24 hours in anticipation of violence - Does not need reasonable suspicion

Question 4

What is reasonable suspicion

Answer 4

Code of practice A set this out - Cannot be based on appearance or criminal record alone

Question 5

Rules that must be followed by police

Answer 5

must give name station and reason for search

only certain clothing can be removed in public

No such thing as a voluntary search - must be a statutory power for the search

written repot required for every stop and search

Question 6

Advantages of stop and search

Answer 6

It does prevent crime

fact that police officer has to identify themselves and give a statutory power for the search protect the rights of the individual (Osman 1999)

Question 7

Disadvantages of stop an search

Answer 7

Code of practice A setting out what reasonable suspicion is not should protect individuals from discrimination but it is still very open ended and easy to justify

Many people do not know their rights which make the rights ineffective

Section 60 of CJPOA tends to be misused to deal with street robbery or other crimes rather than its original purpose of dealing with riots