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.