Other Stop and Search Powers Flashcards
In addition to s 1 (of the PACE Act 1984) there are many other pieces of legislation that include search powers, such as:
The Misuse of Drugs Act 1971 Psychoactive Substances Act 2016 The Criminal Justice and Public Order Act 1994 The Terrorism Act 2000 The Proceeds of Crime Act 2002 The Animal Welfare Act 2006 The Firearms Act 1968
Section 23 of The Misuse of Drugs Act 1971 provides an officer with the power to what?
How does it contract to s 1 (of the PACE Act 1984)?
Search any person, place or vehicle for drugs, having had reasonable grounds for suspecting the person is in possession of illegal drugs, or is involved in manufacturing or supplying a controlled substance (plain or uniformed).
It can be conducted in public and private places however they must be invited onto premises of dwelling (it is best to obtain a warrant).
Searches for controlled drugs
It is an offence to obstruct a search for drugs (s 23(4) MDA 1971). However the offence is not complete unless…
Officer tells the person their name, station and that the detention is for the purposes of a search. Should the person continue to obtruct = offence
Searches for psychoactive substances
The Psychoactive Substances Act 2016 (PSA) has its own power (under s 36) to detain and search people for psychoactive substances.
The officer must have reasonable grounds to suspect that the person is committing or has committed an offence under PSA.
Need to relate to the supply or production of psychoactive substances, because possession of such substances is not an offence.
A search can be conducted in any place which the officer has lawful access, whether or not it is public. Should any items be located during the search, they can be seized and retained for as long as necessary (ONLY IF DEEMED NOT FOR PERSONAL USE).
The Criminal Justice and Public Order Act 1994 (CJPOA 1994) provides additional powers for the police in what circumstances?
If there is a belief that an incident of serious violence is likely to occur, or if it has already occurred.
The Criminal Justice and Public Order Act 1994 (CJPOA 1994) authorisation flow chart…
If a police officer of or above the rank of inspector believes…
a) An incident involving serious violence HAS taken place and is expedient to give authorisation to find a dangerous instrument.
b) That incident involving serious violence MAY take place in any locality in their police area, and that it is expedient to give an authorisation under this section to prevent this occurence.
c) That persons are carrying dangerous instruments or offensive weapons in any locality in their police area without good reason.
….They may give authorisation that the powers conferred by The Criminal Justice and Public Order Act 1994 (CJPOA 1994) are to be exercisable in any place within that locality for a specified period not proceeding 24 hours (further need authorisation from above superintendent).
The s 60 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994) requires authorisation from at least what rank
What about Best use of stop and search scheme?
Inspector
Under the BUSSS requirements are much more stringent, must be at least assistant chief constable or commander and he/ she must have reasonable belief that there has been or it will be a serious outbreak in public order.
Authorisation must be in writing.
The public should be aware of that the authorisation is in place, by means of local posters, leaflets or by circulation via social media.
Initially authorisation cannot last for more than 15 hours, it can be extended for a further 9 hours if required, but it cannot be in place for longer than 24 hours.
Powers provided by a s 60 authorisation
Once a s 60 auhtoeiation is in place, there is no need for police officers to…
have reasonable grounds to carry out searches .
They can stop and search any individual or vehicle for offensive weapons or any other dangerous articles.
Allows officers in uniform to remove any clothing, mask, scarf or anything similar, if it seems its being used to conceal identity (should have reasonable grounds to believe)
It is an offence to fail to do so (s 60AA of the CJPOA 1994)
Searches under the Terrorism Act 2000
A power of search is provided where?
Under s 43 and s 43 A
Related to individuals who a police officer suspect to be a terrorist, or who may psoses item which related to terrorist activity.
s 43 A is for vehicles, which does not need to be occupied.
Searches under the Terrorism Act 2000
What does section 47A provide a power of search?
Differs from powers under s 43 and s 43 A, as an officer can, within a specified area, search any person or vehicle.
No need for reasonable suspicion.
Must be in uniform, and the search can only be fore evidence of terrorist activity.
Section 47A needs to be authorized by a senior officer (most forces is commander rank).
Searches for proceed of crime
What provides policing who is lawfully on or in premeis the power to search property (and vehicles located there) for cash?
Section 289 of the Proceeds of Crime Act 2002.
The officer would have to have a lawful reason to be within the property e.g allowed in or exercising another power.
The officer should have reasonable grounds to suspect there is at least £1000 cash present, either from proceeds of criminal activity, or for the intended use in unlawful conduct.
Searches in relation to animal welfare
Under s 54 of the Animal Welfare Act 2006, officers in uniform have the power to…
Stop and detain any vehicle in order to search it.
Reasonable grounds to believe animal is suffering, or is likely to suffer if circumstances don’t change (s 19 of the Animal Welfare Act 2006).
Searches in relation to animal welfare
Under s 54 of the Animal Welfare Act 2006
If an animal is found and is suspected to be involved in animal fighting…
…, it can be seized under s 22 of the Act. Officers can also enter premises without a warrant, to search for evidence that may support the commission of an offence.
Searches in relation to animal welfare
What two other acts provide powers of stop, search and seize in relation to animal protection:
The Wildlife and Countryside Act 1981 (s 19(1)), to help prevent the taking and killing of wild birds and animals; and
The Wild Mammals Protection Act 1996 (s 4), which relates to vehicles as well as to persons.
Searches for firearms
What provides police officers with the power to stop and search individuals they suspect to be in the possession of firearms?
Section 47
This power can be used instead of searching for an offensive weapon under s 1 PACE.
Any person or vehicle can be searched if officer hs reasonable cause to suspect that the person is in possession of a firearm, with or without ammunition, in a public place. The officer should suspect that the individual is committing or about to commit a serious firearms offence such as an armed robbery or a shooting.
