Stop & Search s.1 PACE 1984 - s23 Missuse of Drugs Act 1971 Flashcards
What is the mnemonic to remember the information to be given prior to any stop and search under Section 1 PACE or Section 23 MODA 1971?
GOWISELY.
In the context of GOWISELY, what does ‘G’ stand for?
Grounds.
Why is ‘Grounds’ an essential component of the stop and search process?
It’s crucial for public confidence. You must explain to the person to be searched why you are searching them, specifically addressing “Why me?”
In the context of GOWISELY, what does ‘O’ stand for?
Object.
For GOWISELY, what is denoted by ‘W’?
Warrant Card (if not in uniform).
What does ‘I’ in GOWISELY represent?
Identity of the Officer.
In the context of GOWISELY, what does ‘S’ stand for?
Station to which attached.
For GOWISELY, what is signified by ‘E’?
Entitlement to search record.
What does ‘L’ in GOWISELY stand for?
Legal Power used.
Section 1 Pace - Stop and Search
Section 23 - Misuse of Drugs Act
Section 32 - After arrest
Section 54 - Searches while in Custody
“54321”
What’s the meaning of ‘Y’ in GOWISELY when conducting a stop and search?
You are detained for the purpose of a search.
What Powers do Section 1 of PACE 1984 provide?
“A police constable may detain in order to 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 or bladed or sharply pointed articles or prohibited fireworks will be found.
Any such article found during a search may be seized”
Give an example of what an Officer detaining someone for a search might say following the “GOWISLY” mnumonic.
Good [morning/afternoon/evening]. I am detaining you for the purposes of a Search under s1 of PACE 1984.
The reason for the search is that you match the description of someone reportedly involved in a burglary in this area.
Based on this information, I have reasonable grounds to detain and search you.”
My name is PC Bunney, and I’m from [Station Name] police station.
I am looking for any items that might be connected to the reported burglary. This is the object of the search.
Before we proceed, I want to make sure you’re aware of a few things:
You have the right to receive a copy of the search record.
You are officially detained for the purpose of this search.”
Is that all clear, do you have any questions?
Before I start the search is they anything you want to tell me? Are you on any medication? Do you have any health conditions or injuries you want me to be aware of? Is there anything sharp or potentially dangerous you are carrying that I should know about before I start my search?
