Unit 8

Question 1

Define Stop and Search

Answer 1

A stop and search is one conducted by a police officer in the course of their duties where a person who is not in police custody is searched using specific statutory provisions or in accordance with a search warrant issued by a court in Scotland.

Question 2

What is Section 66 Criminal Justice Scotland Act 2016?

Answer 2

The ability to search any person who enters a Police Vehicle.

Must still be recorded on National Stop and Search Database and issued a Stop and Search receipt.

Question 3

Protection of Life sections?

Answer 3

Section 20 & 32 of the Police and Fire Reform Scotland Act 2012.

NOT specific powers to search but to justify searching when no statutory power applies. To help/aid/save others

Example.
An unconscious man may be searched in order to save his life.
If suicidal or self harms they could be searched to prove that themselves from harm.

Question 4

Reasonable grounds the Search

Answer 4

S H A C K S

Seen 
Heard 
Actions  (run, hiding something) 
Conversations (drunk, slurring)
Knowledge (intel in the area/time)
Smell

Question 5

Conducting and Recording a stop and search.

Answer 5

I D E A S

Identify yourself to the person being searched.

Detain the person using the relevant search powers

Explain suspected object

Articulate grounds

Stop and search receipt

Question 6

Strip and Intimate Searches are?

Answer 6

A strip search is a search involving the removal of more than outer coat, jacket, gloves, headgear amor footwear.

An intimate search consists of the physical detainees body orifices other than the mouth. The intrusive nature of such searches means the actual and potential risks associated with intimate searches must never be underestimated.

Question 7

Types of searches

Answer 7

Stop and Search
Strip Search
Intimate Search

Question 8

Section 61 of the Crime and Punishment Scotland Act 1997

Answer 8

The power to require the surrender of particular items.

(1) Suspecting a person in a public please is, -
- Under 18 and in possession of alcohol.

(2)
- has supplied Alcohol to a person under 18 for consumption in a public place.
Or intends to give to an under 18 to drink in a public place.

Question 9

Power to enter Premises (other than to search)

Answer 9

D I S C

Disturbance - to an ongoing argument, can gain entry to stop/calm the situation.

Invitation - invited in by the occupant.

Serious - when in close pursuit of someone who has committed a serious crime (murder, rape, robbery)

Cries - hearing someone cry for help.