Stop and Search (Overview on Police Powers)

Question 1

What does PACE 1984 set out for Police powers?

Answer 1

PACE 1984 Sets out the Framework of police powers in terms of:

Stop and search

Detention

Arrest

Interviewing

Question 2

What does PACE aim to regulate?

Answer 2

It aims to regulate:

Police practices by balancing police powers and safeguarding suspects

Question 3

What does PACE 1984 outline?

Answer 3

The setting out of powers of the police and procedures they must follow In relation to offences, arrest and detention

Question 4

What other powers does PACE 1984 set out?

Answer 4

Sets out powers to stop and search people or vehicles where an officer has reasonable grounds for suspecting possession of stolen or prohibited goods

Question 5

What right does PACE 1984 give the suspect?

Answer 5

Allows a suspect the right to have a solicitor present and to say nothing to the police (element of safeguard between parties)

Question 6

What does PACE 1984 introduce?

Answer 6

Safeguarding, regarding the questioning of suspects

Requirement to tape record an interview and;

To have complete account of the entire interview

Question 7

What power does Section 1 PACE 1984 give the police?

Answer 7

Gives the police the right to stop and search people and vehicles in a public place

Question 8

Section 1 PACE 1984 give the police

Gives the police the right to stop and searchpeopleandvehiclesin a public place

But when can they use this power?

Answer 8

If the police officer has reasonable grounds for suspecting that the person is in possession of or the vehicle stopped contains

Stolen goods

Prohibited articles

Prohibited articles:

Items such as offensive weapons and articles for use on connection with theft or burglary

Question 9

What did the Terrorism act (2000) allow for police to perform?

Answer 9

Allows police to Stop & Search anyone within a particular area when there is intelligence regarding an imminent attack

Question 10

What are the 3 acts that allow for police to perform a work and search?

Answer 10

S1 Police and Criminal Evidence Act 1984 (PACE)

S60 Criminal Justice and Public Order Act 1994

S(s)44/47A Terrorism act 2000

Question 11

“Searching people in a public place”

What does public mean?

What ground must their be for “…” (Title of FC)?

Answer 11

Public place means

Streets

Areas (Car parks)

Gardens (If the PO has a good reason)

2) A “Reasonable” Ground

Question 12

“Searching people in a public place”

Provide an example of Reasonable grounds

Answer 12

Fitting the description of the suspect or whiteness I’m a crime

A crime has occurred nearby

You are suspect of carrying prohibited articles e.g weapons, drugs

Question 13

Prohibited articles

Section 1 of PACE 1984

Answer 13

Offensive weapons

An article made or adopted for use in connection with one of the list of offences:

Burglary

Theft

Taking a vehicle without authority

Obtaining property by deception and criminal damage

Question 14

Prohibited articles

Section 1 of PACE 1984

What other prohibited article can police search for?

Answer 14

Adult fireworks

Question 15

Searching people in a public place

Factors

Answer 15

Police must not stop only on basis of personal factors

Police are allowed to is reasonable force in stop and search where the suspect is unwilling to cooperate

Stop and search must be carried out with courtesy, consideration and respect for the individual

Question 16

What section allows for “Reasonable force”?

What case law can this be linked to?

Answer 16

S117 PACE 1984,

“Police are allowed to use reasonable force on a suspect during a search, such as using handcuffs to detain them for the purposes of the search”

(Wood V DPP handcuffs)

Question 17

Reasonable force

Wood V DPP (2008)

Answer 17

A man threw an asthtray in a pub.

Police officer took hold of Wood who matched the description.

Wood tried to pull away, so another officer grabbed his other arm.

D challenge the conviction for obstructing a police officer and threatening behaviour.

Officer taken hold of him to restrain him, not intending to arrest, but to establish the warrant

He the struggled to escape and was arrested

Held:

Appeal succeeded. At the time when he stopped the Appellant, the officer had no power of arrest

Two questions were asked

(i) Was the court right to conclude that the officers were acting in the execution of their duty?

(II) Must a police officer when exercising a power of arrest, intend to exercise that power of arrest and believe that he did have the power to arrest?

Question 18

Unreasonable grounds to stop and search?

Answer 18

Protected characteristics

The way you look, dress, or speak

A prior conviction for a crime

Question 19

Unreasonable grounds to stop and search?

What might a police officer stop and ask you?

Answer 19

Your name

What your doing in the area

Where your going

Subject does not need to answer these questions, the police can’t stop and search you if you decline to answer

Question 20

Unreasonable grounds to stop and search

Rice V Connolly (1996)

Answer 20

A member of the public was considered to be behaving suspiciously in an area where several burglaries had occurred.

The police questioned the individual, he refused to answer

His conviction for obstructing a police officer in the execution of his duty was overturned, and it was confirmed that members of the public are not under any obligation to answer questions

Question 21

Searching people in a public place

What does S2 PACE (Suspect rights) outline?

Answer 21

Officer has to give their name and their station

Police must state the reason for the search

If the search is in public, police can only ask the subject to remove their outer coat jacket and gloves (S2 (9))

Suspect is entitled to receive a copy of the search record (C12)

Question 22

Searching people in a public place

S2 PACE Suspect rights

Michaels V Highbury corner Magistrates Court (2009)

Answer 22

Micheal first tried to hide from police

Then walked to officers while putting something in his mouth

Officer asked him to open his mouth, he did, they saw a wrap of drugs

The officers did not give their name or station

He was charged with “Obstructing the police” he was convicted at the MC

he appealed on the basis that

“Police had not taken reasonable steps to inform him of their names and station before the search began”

Court allowed the appeal and quashed the conviction

Question 23

Police and Criminal Evidence Act 1984 S.2(2)

What are the reasonable steps a constable must take before performing a search?

Answer 23

(I) If he is not in uniform, documentation evidence proving that he is a constable and;

(ii) whether he has his uniform or not

(The constables name and police station, the object of the search, the constable grounds for proposing to make it, and the persons right to keep a written record of these matters)

Question 24

Police and Criminal Evidence Act 1984 S.2(2)

Osman V DPP (1999)

Answer 24

Authorisation had been given under S.60 of the 1994 Act for persons attending the Mile End Park Fair to be searched for weapons.

Osman approached the fair and was stopped by police officers, who intended to search him;

Osman was uncooperative and was subsequently convicted of assaulting a police officer in the execution of his duty

Held:

Sedley LJ:

“Statutory powers to stop and search are strictly governed by S2 of the Police And Criminal Evidence Act 1984; as the officers had not given Osman their names and station, the search was unlawful even though they could have been identified by their shoulder numbers

His conviction was quashed

Question 25

If the suspects rights are breached is the stop and search lawful or unlawful?

Answer 25

Unlawful

Question 26

Searching Vehicles (PACE 1984)

Answer 26

Allows police to detain and search a vehicle in a public place for stolen goods or offensive weapons (Same reasonless grounds must be met)

Question 27

Searching Vehicles (PACE 1984)

What can a police officer do when stoping a vehicle?

Answer 27

Ask the driver for driving documents (not a stop and search)

Question 28

Searching Vehicles (PACE 1984)

When does this part of the act become a stop and search?

Answer 28

Becomes a stop and search if:

A search is carried out out of a vehicle or;

The driver or any passengers

Question 29

Searching an arrested person

What are the Police rights of a search on an arrest?

Answer 29

When a person has been arrested the police have a right to search that person for anything which might be used to help an escape or anything which might be evidence to an offence

Custody officer has a duty to record everything that person has with them brought into the police station

Question 30

Searching an arrested person

What does Code C Of PACE define a strip search as?

Answer 30

Involving the removal of more than outer clothing (Code C of PACE)

Question 31

Searching an arrested person

A strip Search can only take place when?

Answer 31

If the person refused to remove an article to which they should not be allowed or if they might have a concealed article on their person

Question 32

Searching an arrested person

Strip searches should?

Answer 32

Take place in private areas

Be carried out by someone of the same sex

Maintain the persons dignity (Top removed, but back on, Trousers removed, put back on)

Question 33

Searching an arrested person

What is an Intimate Search?

Who should carry one out?

Answer 33

A search involving the physical examination of a persons body orifices other than the mouth

A doctor or, a nurse or a high ranking officer

Question 34

Searching an arrested person

Intimate searches

Answer 34

A high ranking police officer can authorise an intimate search if there is a reason to believe the person has with them

“An item which could cause injury to self and others or a Class A Drug”

Question 35

Powers to stop and search (PACE 1984, Section 1)

What are the procedures for a stop and search and which section can it be found in?

Key

PO = Police Officer

Answer 35

Key

PO = Police Officer

S2 PACE 1984

Acronym if GOWISELY

G: Officer should haveReasonable GROUNDSbefore stopping the person

O: Officer should inform the person of theOBJECTof the search or reason

W: PO in plain clothes, PO should produceWARRANTcard for individual to inspect

I: Officer should share theirIDENTITYby providing their name

S: Officer should share theSTATIONthey work at

E: Officer should explain that the person isENTITLEDto a record of the stop and search

L: Officer should state where theLEGALright to stop and search comes from (S1 PACE 1984)

Y: Inform the person “YOUare being detained for a search

Question 36

(ADVANCED DEFINITION)

What does “Reasonable grounds” mean?

Answer 36

officer mustgenuinely suspectthat they will find the item they are searching for.

It must beobjectively reasonablefor them to suspect this given the information they had

Question 37

(ADVANCED)

Reasonable grounds cannot be based on?

Answer 37

Your physical appearance

Being part of a category of people or;

Generalisations or stereotypes