Stop and Search Flashcards
What is stop and search?
Stop and search is a term given to the 19 or more powers to detain people for the purpose of stop and search.
Police and Criminal Evidence Act (PACE) 1984 states that the main purpose of stop and search powers is to ‘enable officers to allay or confirm suspicions about individuals without exercising their power of arrest’ (Code A, para 1.4).
Section 1 of PACE 1984 is perhaps the most commonly used. Under this officers can search for what?
Stolen articles, offensive weapons, articles made or adapted for use in the course of or in connection with: Theft, Burglary, Taken and Driven Away (TDA) / Taken Without Owner’s Consent (TWOC), Fraud, Criminal Damage and Possession of certain fireworks and pointed or bladed articles.
Section 1 of PACE 1984 is perhaps the most commonly used. Under this officers can search for what?
An easy way to remember this is SOAP:
S tolen articles
O ffensive weapons
A rticles made or adapted for use in the course of or in connection Theft, Burglary, TDA, Fraud, Criminal Damage, possession of certain fireworks.
P ointed or bladed articles
Other stop and search powers include:
S.23 misuse of drugs act 1971
S.60 of the criminal justice and public order act 1994
SS 43 and 47A of the terrorism act 2000 stop and search powers to prevent acts of terrorism
Where can you conduct a stop and search?
Public Place
Any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise (s 1(1)(a) of the PACE Act 1984).
Where can’t you conduct a stop and search?
So in basic terms, anywhere that is a private place or dwelling.
Private Place - A place where the general public does not have ready access. For example, a private residence or a private office block, a dwelling.
Before you stop and search anyone you must consider the following:
Is what I am about to do lawful?
Is what I am about to do necessary, justifiable and proportionate?
Am I being professional and accountable in my actions?
The College of Policing (2015) have produced a definition of a fair and effective stop and search. This states that a search is fair and effective when:
- the search is justified and the lawful use of the power stands up to public scrutiny.
- the officer has a genuine and objective reasonable suspicion that stolen or prohibited articles will be found in the persons possession.
- the person understands why they are being searched and feels that the search has been conducted with respect.
- the search is necessary and every step is taken to create the least intrusive method a police officer could use to establish whether a member of the public has a prohibited article or an item for use in crime with them.
Many of the stop and search powers require the officer to have reasonable grounds for suspicion (S.1 PACE 1984) where as others (e.g. criminal justice and public order act 1994) do not require reasonable grounds for suspicion.
What are reasonable grounds for Suspicion?
Code A, para 2.2 suggests reasonable grounds for suspicion are:
- a genuine suspicion in the mind of the officer that they will find the object for which the power of search is being used; and
- the suspicion must be reasonable, formed on an objective basis from facts, information and/or intelligence which contribute to the high probability that the object will be found and that a reasonable person would also draw the same conclusion.
How do you build reasonable grounds for suspicion?
Known criminal
Not to be used as a ground for search. PACE Code A does not allow the fact that someone has criminal conviction as a reason for searching that person.
How do you build reasonable grounds for suspicion?
Known drug user
Not to be used as a ground for search as it is not specific and if correct, may relate to a criminal conviction.
How do you build reasonable grounds for suspicion?
Smells of drugs
Insufficient in iteself and needs to be expanded with the circumstances/ conversation with the individual/ their appearance, actions, behaviour etc.
How do you build reasonable grounds for suspicion?
High Crime Area
Must have a reference to a specific briefing or task location.
How do you build reasonable grounds for suspicion?
Crime or drugs hotspot
Must have a reference to a specific briefing or task, log etc.
How do you build reasonable grounds for suspicion?
Evasive to questions
Include reference to what the questions were about e.g evasive to where the had come from
How do you build reasonable grounds for suspicion?
Appeared nervous
Needs to be expanded to include specific actions or behvaours e.g sweating, muscles tensed, pacing, refuses to cooperate, repeats question before answering etc.