Stop and search - Police Powers

Question 1

The main piece of legislation governing the police powers to stop & search (S & S) is…

Answer 1

The Police & Criminal Evidence Act 1984 (PACE)

Question 2

This is governed by Code or Practice…

Answer 2

A

Question 3

Before the police S & S a suspect they are free to ask them questions (stop and assess) but the public are not obliged to….

Answer 3

answer any questions or to go to the police station unless they are lawfully arrested.

Question 4

In Rice & Connolly (1966) the D refused to answer police questions - where he had come from, where he was going and his full name and address. it was confirmed on appeal that…

Answer 4

There is no obligation in common law to answer police questions.

Question 5

However, if the suspect rudely refuses to answer questions this could amount to…

Answer 5

An obstruction of a police officer in the execution of their duty.

Question 6

A PC can S & S a person or vehicle in public for stolen or prohibited articles if they have reasonable grounds for suspecting they will find them…

Answer 6

s.1 PACE

Question 7

Prohibited articles are…

Answer 7

offensive weapons or articles used for the purpose of burglary or related crimes.

Question 8

The Criminal Justice Act 2003 extended S & S to cover articles intended to cause…

Answer 8

criminal damage e.g. spray paint!

Question 9

Code A states that the powers to S & S must be used…

Answer 9

fairly, responsibly, with respect for people being searched and without lawful discrimination.

Question 10

The intrusion of liberty on the person subjected to the S & S should be…

Answer 10

reasonable and kept to a minimum.

Question 11

S & S powers can also be used to search for…

Answer 11

controlled drugs (Misuse of Drugs Act 1971).

Question 12

According to s.2 PACE - the PC must have a genuine suspicion that they will find the objects and this must be based on objective evidence including….

Answer 12

information, facts or intelligence or some specific behaviour by the person being subjected to the S & S. This would include a description of the person.

Question 13

Reasonable suspicion must never be on the basis of…

Answer 13

age, disability, gender, race, religion, sexual orientation, previous conviction or generalisations or stereotypical images that certain people are likely to be involved in criminal activity.

Question 14

If after questioning the suspect the reasonable suspicion ceases the S & S should be…

Answer 14

stopped.

Question 15

As soon as the S & S beings the PC must..

Answer 15

inform the person they are being detained for the

purpose of a search

Question 16

Under s.60 Criminal Justice and Public Order

Act 1994 S & S is possible without…

Answer 16

reasonable suspicion.

Question 17

s.60 orders must be authorised by…

Answer 17

an officer of the rank of inspector or above.

Question 18

s.60 can only be used if there is reasonable grounds to suspect…

Answer 18

incidents involving serious violence has or may take place or that a person is carrying a dangerous instrument or offensive weapon without good reason.

Question 19

Authorisation under s.60 cannot exceed…

Answer 19

24 hours but it can be extended for a further 24 hours.

Question 20

s.3 covers the conduct of S & S, it must be carried out with…

Answer 20

courtesy, consideration and respect for the

person concerned.

Question 21

A forcible search should only occur where…

Answer 21

the person is unwilling to co-operate or resists. Any force used must be reasonable and used as a last resort to conduct the search.

Question 22

The PC can only ask the individual to remove…

Answer 22

coat, jacket or gloves

Question 23

However, under s.60AA Criminal Justice and Public Order Act 1994

Answer 23

A PC can ask a person to remove any item worn to

conceal identity.

Question 24

A more thorough search can only be made by….

Answer 24

an officer of the same sex (Code C).

Question 25

Intimate searches must be….

Answer 25

carried out at a nearby police station or other nearby location which is out of public view (but not a police vehicle) (Code C).

Question 26

Before the PC searches the individual they must (s.3.8)…

Answer 26

Inform them are being detained for the purposes of a search, give their name, station and the objective of the search e.g. searching for stolen goods.

Question 27

If it is a plain clothes police officer they must show their…

Answer 27

ID

Question 28

The individual being searched isn’t arrested they must be given, if they request it ….

Answer 28

a copy of the search record or a receipt which explains how they can get a copy.

Question 29

Failure to provide name and station will make the search …

Answer 29

R v Bristol (2007).

Question 30

Reasonable force can be used during the S & S….

Answer 30

s.117 PACE

Question 31

PC’s should ask anyone stopped to give their…

Answer 31

name, address and define their ethnicity

Question 32

Stolen or prohibited articles discovered during the S & S can be seized…

Answer 32

s.1(6) PACE

Question 33

Under s.117 Serious Organised Crime & Police Act 2005..

Answer 33

police can fingerprint people on the street to check their identify if they are using a handheld device. Once checked the fingerprint must be destroyed.