Stop & Search

Question 1

Describe stop and search as stipulated by Section 1 of PACE 1984 Stop and Search

Answer 1

A police constable may detain any person or 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, prohibited fireworks or bladed or sharply pointed articles will be found

Any such article found during a search may be seized

Question 2

Describe what is meant by detain as stipulated by Section 1 of PACE 1984 Stop and Search

Answer 2

Detain:

to hold people temporarily to carry out a procedure.

If detention for searchin is not lawful you may be in breach of article 5 on the european convention on human rights (right to liberty and security).

Question 3

Describe what is meant by Vehicle as stipulated by Section 1 of PACE 1984 Stop and Search

Answer 3

A means of conveyance, usually with wheels, for transporting people, goods etc such as a car, cart, truck, carriage, sledge etc.

Any means of carriage or transport (includes vessels, aircraft and hovercraft)

Question 4

Describe what is meant by any place to which the public have access as stipulated by Section 1 of PACE 1984 Stop and Search

Answer 4

Any public place or place which the public have permission to be there through payment or otherwise Includes places to which only a section of the public would have access.

You can never search a person under section 1 place in a dwelling.

Question 5

Describe what is meant by stolen items as stipulated by Section 1 of PACE 1984 Stop and Search

Answer 5

Any item obtained dishonestly from another.

Question 6

Describe what is meant by Prohibited articles as stipulated by Section 1 of PACE 1984 Stop and Search

Answer 6

Any offensive weapon - made, adapted, intended

For use as a weapon or causing injury or for use in the course of or in connection with

Question 7

Describe what is meant by articles with a blade or point as stipulated by Section 1 of PACE 1984 Stop and Search

Answer 7

‘Bladed’ – includes any kind of bladed article, for example a kitchen knife, scissors, a craft knife, a pocket knife or any other article which has been given a cutting edge or blade.

‘Sharply pointed’ – includes any kind of sharply pointed article, for example a needle, geometry compasses, or any other article which has been given a sharp point

Question 8

Describe what is meant by Prohibited fireworks as stipulated by Section 1 of PACE 1984 Stop and Search

Answer 8

Any firework which a person possesses in contravention of a prohibition imposed by firework regulations.

Question 9

Describe what is meant by reasonable grounds as stipulated by Section 1 of PACE 1984 Stop and Search

Answer 9

Know -
You see it yourself – there is no doubt it has taken place.

Believe -
In this instance you are on patrol on a side street of the main shopping area. You hear a smash of glass from around the corner. You turn the corner and see a man standing in front of a broken shop window. Inside the shop is a large brick.

Suspect -
You hear a smash of glass from around the corner. You turn the corner and see a man running away. You see a broken shop window and inside the shop is a large brick. You walk along the street and find the man you saw running away hiding behind some bins.

Question 10

Describe the pneumonic SHACKS

Answer 10

S: Seen
H: Heard
A: Actions
C: Conversations
K: Knowledge
S: Smell

Smell alone will not give a constable reasonable grounds for a search

Question 11

Explain the information that must be provided prior to a stop and search taking place

Answer 11

Code A of PACE:

G: Grounds
O: Objective
W: Warrant card
I: Identity of officer
S: Station
E: Entitlement to copy of search record
L: Legal power used
Y: You are detained for the purpose of a search

Question 12

Describe the limitations of a search when conducting one in both a public and private place.

Answer 12

• Searches under section 1 of PACE may only be done on public land or a place in which the public have access
• Schools are deemed private
• In a school you can search for controlled drugs under section 23 missuse of drugs act 1971.
• Can search for an offensive weapon on a person in a school under section 139b criminal justice act 1988.

Question 13

Identify what constitutes, “reasonable grounds”.

Answer 13

Reasonable grounds: use JPLANE + SHACKS
J: Justified
P: Proportionate
L: Lawful
A: Accountable
N: Necessary
E: Ethical

S: Seen
H: Heard
A: Actions
C: Conversations
K: Knowledge
S: Smell

Question 14

Identify how conscious/unconscious bias can impact on a stop and search.

Answer 14

Bias can make your brain take mental shortcuts in situations such as a stop and search, instead of following a step by step process. It will impact the effectivity of your decision making process.

Question 15

Explain how to deal with a young person during a search and identify any vulnerabilities.

Answer 15

Communication - If children are present during a search appropriate communication should be used

Additional Resources - The presence of young people may affect the dynamics of the search requiring an officer to request assistance from their colleagues

Health and Safety - consider vulnerability of young persons during the search

Minimise embarrassment that a person being searched may experience.

Question 16

Outline the procedure to be carried out post search including the recording of information.

Answer 16

Once the search is complete the officer MUST make a record of the searchThe subject MUSTbe provided with a receipt of the search

Question 17

Outline other search powers as stipulated by S60/60AA of the Criminal Justice and Public Order Act 1994 and S47A of the Terrorism Act 2000

Answer 17

Section 60AA of the Criminal Justice and Public Order Act 1994 provides powers to require the removal of disguises at public order events where a section 60 authorisation is in force or an authorisation is given under this section.

S47A Terrorism Act 2000 provides powers to S & S in a specified
location if a senior police officer reasonably suspects that an act
of terrorism will take place & reasonably considers that
authorisation is necessary to prevent such an act

PACE code c - intimate searches

Question 18

State how a stop and search is fair and effective

Answer 18

When the search is justified, lawful and stands up to public scrutiny (JPLANE)