Stop and search - Police Powers Flashcards
The main piece of legislation governing the police powers to stop & search (S & S) is…
The Police & Criminal Evidence Act 1984 (PACE)
This is governed by Code or Practice…
A
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 any questions or to go to the police station unless they are lawfully arrested.
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…
There is no obligation in common law to answer police questions.
However, if the suspect rudely refuses to answer questions this could amount to…
An obstruction of a police officer in the execution of their duty.
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…
s.1 PACE
Prohibited articles are…
offensive weapons or articles used for the purpose of burglary or related crimes.
The Criminal Justice Act 2003 extended S & S to cover articles intended to cause…
criminal damage e.g. spray paint!
Code A states that the powers to S & S must be used…
fairly, responsibly, with respect for people being searched and without lawful discrimination.
The intrusion of liberty on the person subjected to the S & S should be…
reasonable and kept to a minimum.
S & S powers can also be used to search for…
controlled drugs (Misuse of Drugs Act 1971).
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….
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.
Reasonable suspicion must never be on the basis of…
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.
If after questioning the suspect the reasonable suspicion ceases the S & S should be…
stopped.
As soon as the S & S beings the PC must..
inform the person they are being detained for the
purpose of a search
Under s.60 Criminal Justice and Public Order
Act 1994 S & S is possible without…
reasonable suspicion.
s.60 orders must be authorised by…
an officer of the rank of inspector or above.
s.60 can only be used if there is reasonable grounds to suspect…
incidents involving serious violence has or may take place or that a person is carrying a dangerous instrument or offensive weapon without good reason.
Authorisation under s.60 cannot exceed…
24 hours but it can be extended for a further 24 hours.
s.3 covers the conduct of S & S, it must be carried out with…
courtesy, consideration and respect for the
person concerned.
A forcible search should only occur where…
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.
The PC can only ask the individual to remove…
coat, jacket or gloves
However, under s.60AA Criminal Justice and Public Order Act 1994
A PC can ask a person to remove any item worn to
conceal identity.
A more thorough search can only be made by….
an officer of the same sex (Code C).
Intimate searches must be….
carried out at a nearby police station or other nearby location which is out of public view (but not a police vehicle) (Code C).
Before the PC searches the individual they must (s.3.8)…
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.
If it is a plain clothes police officer they must show their…
ID
The individual being searched isn’t arrested they must be given, if they request it ….
a copy of the search record or a receipt which explains how they can get a copy.
Failure to provide name and station will make the search …
R v Bristol (2007).
Reasonable force can be used during the S & S….
s.117 PACE
PC’s should ask anyone stopped to give their…
name, address and define their ethnicity
Stolen or prohibited articles discovered during the S & S can be seized…
s.1(6) PACE
Under s.117 Serious Organised Crime & Police Act 2005..
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.
