STOP AND SEARCH Flashcards
(10 cards)
SECTION 1 PACE
A police constable may detain in order to search any person or vehicle or anything which is in or on a vehicle in any place which the public has access, if he or she has reasonable grounds to suspect that STOLEN or PROHIBITED articles will be found. Any articles found may be seized.
GOWISELY
Gowisely is to be told to the detainee BEFORE search.
G - grounds
O - objective
W - warrant card ( only if in civvies)
I - identify yourself
S - Station
E - “Entitled to a copy of this search”
L - legislation
Y - you are being detained
JOG
When carrying out searches in public you may request the person to remove their:
J - jacket
O - outer coat
G - gloves
More thorough searches - shirt removal or headgear must be done out of public view - police van or station.
ACTION AFTER SEARCH
There is no requirement to record the name, address or DOB of the person searched or person in charge of vehicle which is being searched. A person is under no obligation to provide this information and they should not be asked to provide it for the purpose of completely the search record.
SHACKS
SHACKS are the grounds of a search.
S - seen
H - heard
A - action, what you did & them
C - conversation
K - known, intel, area etc
S - smells
SECTION 23 of MISUSE OF DRUGS ACT
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this act or of any regulations made under it the constable may:
search that person and detain them
search any vehicle or vessel
seize and detain anything found
SECTION 60 of CJA and POA
provides a constable in uniform:
to prevent incidents involving serious violence or to deal with the carrying of offensive weapons or dangerous instruments which have been used in incidents involving serious violence
Section 60 is commonly authorised to deal with gang violence, public disorder or protest.
it is authorised for a defined period of time and within a designated geographical area.
authorised by an inspector in writing and will not exceed 24 hours.
a superintendent can extend the authority further than 24 hours.
SECTION 60AA OF CJA AND POA
Provides a power to require the removal of disguises.
a PC in uniform can require someone to remove face coverings if they have reasonable belief that the person is wearing an item to wholly or partially disguise their identity for the purpose of concealing a criminal act.
you can not ask someone to remove the disguise simply because it disguises their identity.
this power can only be used if authority has been given to use section 60.
SERIOUS VIOLENCE REDUCTION ORDERS - STOP AND SEARCH
POLICE, CRIME, SENTENCING AND COURTS ACT 2022
A civil order is issued at court to person over 18.
after conviction of an offence where a bladed article or offensive weapon were used in the commission of the offence.
a marker will be placed on PNC to say they are subject to SVRO.
No less than 6 months or more than 2 years.
Section 342E of the sentencing code provides a power to PC to check if the person has a bladed article or offensive weapon on them.
SECTION 32 PACE
allows a constable to search someone after arrest.
