Stop and Search

Question 1

Which section of PACE relates to Stop and Search?

Answer 1

Section 1

Question 2

Define Section 1 of PACE

Answer 2

A police Constable may detain in order to stop and search any person, vehicle or anything which is in or on a vehicle, in any place to which the public has access, if he or she has reasonable grounds for suspecting that stolen or prohibited articles will be found.

Any such articles found during a search may be seized.

Question 3

What does ‘detain’ mean in relation to Section 1 of PACE

Answer 3

It means that someone can only be kept for as long as necessary to carry out a search.

Question 4

Is there any reason you search a person or vehicle which is in a yard or garden of a dwelling?

Answer 4

Yes as long as you have reasonable grounds for believing that the person does not reside there and is there without permission of the resident of the dwelling.

Question 5

What is meant by ‘reasonable grounds’ in relation to section 1 of PACE

Answer 5

There must be some objective basis for suspicion, it cannot be based on a hunch, supposition or stereotyping.

The objective basis for suspicion must be based on facts, information and / or intelligence which are relevant to the likelihood of finding an article which is believed to be stolen or prohibited.

Question 6

Must you have a suspicion that you will find stolen or prohibited articles prior to making a search?

Answer 6

Yes - you must have a suspicion before a search can be made. Searches are not lawful is they are made in order to obtain suspicion

Question 7

Grounds for suspicion

S.H.A.C.K.S

Answer 7

S - what have you seen? (actions / behaviour)
H - what have you heard? (Conversation / alarms / breaking glass)
A - Actions (what you / the person did in response, did their actions increased or decrease grounds for search)
C - conversation (what did you say? What did they say? Did it increase / decrease grounds for search?
K - what is already known? Intelligence (not previous convictions) time / location / pointed out by witness
S - smells (may give rise to suspicion that drugs may be present)

Note drugs are not covered by Sec 1 PACE but you must still have reasonable grounds to search for them under the Drugs legislation.

One factor could be enough but often need a combination to provide reasonable grounds.

Question 8

What do you do before you search someone?

Answer 8

A brief conversation prior to searching may help avoid unsuccessful searches, gain cooperation and reduce tension.

Question 9

What are stolen articles?

Answer 9

Articles obtained by:

• theft
• blackmail
• fraud

Question 10

What are prohibited articles?

Answer 10

• offensive weapons
• article made it adapted for use in the course of or in connect with burglary, theft
• something to commit fraud
• blade with cutting edge 7.62cm or less in length?
• articles for criminal damage
• fireworks in contravention of prohibition imposed by fireworks regs

Question 11

Before a search you must take steps to give that person or the person in charge of the vehicle what information?

Answer 11

G.O. W.I.S.E.L.Y

• your Grounds
• the Object of the search
• Warrant card if not in uniform
• your name (Identify yourself)
• police Station you are attached to
• a copy of the record of the search or notify them of their Entitlement to a copy
• the Legal power use are using or authorisation for under taking the search
• inform them they are being detailed for the purposes of a search “You are being detained for the purposes of a search …”

Question 12

What clothing can you search in a public place?

Answer 12

J.O.G
Jacket
Overcoat
Gloves

You may ask a person to remove other garments voluntarily, but searches of more than JOG must be made by an officer of the same sex (no one of opposite sex present)

Question 13

If a search of more than J.O.G is to be carried out what can be searched and where?

Answer 13

Outer garments - superficial examination of outer clothes

Must take place out of public view, e.g. police van, managers office, store room

Question 14

How do you establish gender?

Answer 14

• no question of gender
• person produces a Gender Recognition Certificate (GRC)
• what gender do they express a preference for
• if no preference, what gender do they predominantly live as

Question 15

Someone’s gender is their gender as registered at birth unless ..

Answer 15

They possess a Gender Recognition Card. The person must volunteer it, it cannot requested.

Question 16

What details should try to be obtained after a search?

Answer 16

Name
Address
DOB
Self proclaimed ethnic background

• they have no obligation to provide these
  A description should be written down if details not provided

Question 17

What else should be recorded after a search?

Answer 17

Purpose of search
Grounds for search
Outcome 
Date
Time
Location
Outcome of search
Any damage or injury
Officer identities

Question 18

What are the 5 groups in the 16+ 1 coding system got ethnic background?

Answer 18

• White
• mixed
• Asian (or British Asian)
• black ( or black British)
• Chinese

More specific groups exist under these

Question 19

What documentation do you fill out immediately after the search- when practicable

Answer 19

A search record (Pace 1)