Article 5 - Stop and Search A01 Flashcards
(11 cards)
legislation
s.1 PACE 1984 → supplemented by Code A
Police have power to stop a person or a vehicle in a
Public Place
Reasonable grounds must be that a person is in possession of:
- stolen goods
- prohibited articles
- drugs → Misuse of Drugs Act
- firearms → Firearms Act
reasonable suspicion must be based on: (3 things)
- intelligence → CCTV, witness statements etc
- information → person in the area matching description etc
- behaviour → acting suspicious etc
Fishing expeditions
Unlawful
Police officer must give:
- reason why they are being stopped and searched
- officer’s name, number and station
- show ID (if not in uniform)
police must write a record of the search including:
- date
- time
- place
- ethnicity/identity
- outcome
- injury or damage
clothing items that can be removed without making the suspect move to a nearby place out of view:
- coat
- jacket
- gloves
s.60 Criminal Justice and Public Order Act
allows stop and search without suspicion in areas at risk of violence, when authorised by a senior officer
s.44 Terrorism Act
grants stop and search powers without suspicion in designated areas to prevent terrorism when authorised by a senior officer
Gillian & Quinton v UK
unlawful under s.44 of the Terrorism Act - lacked a reasonable belief that an act of terrorism will take place