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.
How do you build reasonable grounds for suspicion?
Acting as a lookout
Needs further explanation. Describe what you saw them doing e.g observed for 3 minutes at the rear of a closed premises; crouching behind a wall; peering over; looking left.
How do you build reasonable grounds for suspicion?
Avoids Police
Describe what they did e.g change direction or ran away.
How do you build reasonable grounds for suspicion?
Discarded items when approached by Police
Describe the item seen to be discarded and or/ what you believed it to be.
How do you build reasonable grounds for suspicion?
Concealed an article on seeing Police
Describe the item, and or what you believed it to be. Describe how and where it was concealed.
Carrying out the pre-search procedure
Before searching a person or vehicle reasonable steps must be taken to provide certain information to an individual whether that be a person being searched or the owner of a vehicle or a person in charge of a vehicle that is required to be searched.
These requirements are detailed where?
S.2 PACE 1984, para 3.8 of the codes of practice.
If these are not followed in full this could impact on any evidence that is obtained and challenged in court.
Carrying out the pre-search procedure
The requirements are generally referred to as ‘GOWISELY’:
G rounds of the suspicions for the search
O bject/purpose of the search
W arrant card (if the officer is in plain clothes or if requested by the person)
I dentity of the officer performing the search
S tation to which the officer is attached
E ntitlement of a copy to search record
L egal powers used
Y ou are being detained for the purpose of a search
Can reasonable force to be used to search?
When searching a person, it is important to seek the cooperation of the individual, however S.117 of PACE (See15.5.1) gives the power for reasonable force to be used.
You can ask people to remove more items voluntarily but if they refuse you cannot make them*. To conduct a more thorough search which does not expose intimate body parts you must take them out of public view.
*Except from section 60AA of the Criminal Justice and Public Order Act 1994. An officer can require the removal of any item they believe is being worn wholly or mainly for the purpose of concealing the individual’s identity.
When in public the only clothing a police officer can require a person to remove is:
J acket
O uter coat
G Loves
Remember JOG!
Before searching anyone, officers must be aware of the danger to themselves and others.
Exercise A
It is early July and PC RATUE is on early turn mobile patrol on Beat B. An intelligence briefing has informed him that motor vehicle crime is a persistent problem in this area and it is a tasking area. DAVID SMITH lives on Beat B and he has several convictions for vehicle related offences. Intelligence suggests he is back using heroin.
PC RATUE sees SMITH walking across a car park on this beat. He is wearing a heavy coat and has his hands in his pockets.
What should PC RATUE do?
- Stop and Search
- Observe from a distance
- Talk with SMITH
- Submit an intelligence report
There is no definitive answer - discuss the options in more detail. Options 2 or 3 might provide for reasonable grounds to develop.
PACE encourages targeting searches at areas where crime problems exist.
It is good that PC RATUE is in the area (officers should focus activity on crime hotspot areas) and the sighting of DAVID SMITH is significant.
PACE prohibits the use of previous convictions, even as forming part of the grounds to search.
DAVID SMITH lives in this area and so may have a legitimate reason for being there.
Guidance on reasonable grounds to suspect indicates that in circumstances such as this something extra is needed (e.g. suspicious behaviour looking in car windows, looking around as if to check he is not being watched, a recent report of a vehicle crime, etc.)
Is the heavy coat out of place for the time of year? This is relevant - would a reasonable person form the view that the coat is worn only as a means of concealing tools for going equipped and for concealing stolen property? If so, then you can consider a search.
Exercise B
As PC RATUE approaches SMITH he observes him looking into 3 different car windows.
Does PC RATUE now have a power to search? Yes/No
Correct answer is Yes. For going equipped or stolen items.
Seek an explanation before considering a search
Exercise C
Which of the following (amongst other things) does PC RATUE need to communicate before beginning the search?
- Grounds for the search
- Identity of the Officer
- That he must provide copy of search record
- Station to which attached
- Legal power being used
- Which Human Rights article will be engaged
Correct answer is - A, B, D, and E.
C - is not correct as the person stopped is only entitled to be told they have a right to a copy,
this does not need to be issued at the time of the stop - although this is good practice.
It is important that a conversation is had with a person in order to confirm or allay suspicions.
that they are entitled to a copy of the record of the search if one is made if they ask within 3 months from the date of the search and:
(i) if they are not arrested and taken to a police station as a result of the search and it is practicable to make the record on the spot, that immediately after the search is completed they will be given, if they request, either:
- a copy of the record, or
- a receipt which explains how they can obtain a copy of the full record or access to an electronic copy of the record, or
Codes of practice – Code A Exercise by police officers of statutory powers of stop and search 15 A (ii) if they are arrested and taken to a police station as a result of the search, that the record will be made at the station as part of their custody record and they will be given, if they request, a copy of their custody record which includes a record of the search as soon as practicable whilst they are at the station.
Stop and Search can be used under many different powers, what is the most common?
s 1 of the Police and Criminal Evidence Act 1984 (PACE) and s 23 of the Misuse of Drugs Act 1971.
After conducting any search of a person, what must an officer do?
Make a record of the search as set out in Code A of the PACE Codes of Practice
What new crimnimal acts are being considered introduced to stop and search powers?
Misuse of drones
Misuse of laser pointers
Corrosive substances as weapons (The Offensive Weapons Bill was introduced in 2017).
How many different stop and search powers are there?
Over 19 - search people, vehicles, and/or premises for drugs, weapons and even animals.
What is the latest stop and search scheme to tackle the scrutiny officer had over a lack of understanding for effective use?
The Best Use of Stop and Search Scheme (BUSSS), introduced in 2014.
Intelligence-led approach and aims to achieve greater transparency and community involvement (Home Office, 2014)
Inspections check for compliance, risk of suspension.
General procedures for stop and search
Rights of individual is first consideration, along with safety of everyone around.
Section 2 of the Pace Act 1984 safeguards the detainee’s rights and therefore always applies, as do Pace Code of Practice A and H (terrorism)
Need not write details of every person and officer speaks to, although if related to a crime, this should be recorded and the persons details taken.
Can refusing to answer questions be used to provide reasonable grounds for suspicion?
No- nor can ground be established retrospectively through questioning (Code A, para 2.11).
The requirements for reasonable grounds are different for certain categories of people (e.g gangs or protests groups). How so?
A police officer may have reasonable grounds to stop and search a person who is believed to be a member of a ‘gang’ or protest group if there is reliable and relevant information or intelligence to that effect (Pace Code A, para 2.6 and Note 9A).
Give an example of what you would say if you saw a car smelling of cannabis driving eratically, to then pull it over and see grinder and guy looking high.
“I am DC BUSBY from EASTBOURNE police station and you are detained for the purposes of a search. I am going to search you under section 23 of the Misuse of Drugs Act. Here is my warrant card. I am searching you for drugs, as I have seen you driving erratically and at speed, and when speaking you appear anxious, your pupils are dilated and you look dazed. I also see drug paraphernalia in your vehicle. Your are entitled to a copy of this search.”
When conducting a search what should you act in accordance with?
The Codes of Ethics
Code A of PACE
Adhere to the nine Policing Principles
and comply with the Standard of Professional Behaviour
Under s 117 of the PACE Act 1984 reasonable force may be used as a last resort but only after attempts have been made to search have been met with resistance.
The searching officer can, in public view:
Place their hands inside the pockets of outer clothing
Feel around insides of collars, socks and shoes
Search a person’s hair, if this does not require removal of headgear
Require the person to remove their outer coat, jacket and gloves
Recording the search
The following information will all be needed for the record:
The date, time and location of the search
The officer’s name and any other officers present
The name, age, self defined ethnicity and address of the person who has been searched
The grounds or authorisation for the search
Vehciles reg, make and model
Any objects found
Giving copies of search
Should provide on spot if possible, request can be made within 3 months (Code A, para 3.8(e)).
Vehicle - left preferably inside or if unattended attached outside (Code A, para 4.8, and s 2(7) PACE).
