Stop and Search

Stop and Search

1. Police and Criminal Evidence Act 1984. (PACE)

   • Pressure for law reform gathered following the Maxwell Confait Case in 1977 and Brixton Riots 1981.
   • Set out to balance the powers of the police and the rights of the public
   • Reasonableness/rigorous procedures

2. Stop and search - Sec 1 of PACE. Reasonable grounds a person has stolen or prohibited items including drugs under the Misuse of Drugs Act and The Terrorism Act 2000.

   • If there are no reasonable grounds for suspicion the search will be UNLAWFUL
   • Code A 2.2 - "reliable supporting intelligence" "Cant be based on generalisations or stereotypes
   • Key cases
     • DPP V TOMLINSON 1982 "walking aimlessly" - no reasonable grounds for suspicion
   • Safeguards
     • S2 - police officers must identify themselves and their station / give reason for the search. Only an outer jacket, coat or gloves may be removed in public view
     • S3 - a written record of the stop and search must be made
     • OSMAN V DPP 1999 "officers failed to give name or station" - interference with liberty (unlawful)
     • R V BRISTOL 2007 - believed it was drugs but was "chewing gum". Appealed on the grounds of complying with s2 of PACE
   • Random stopping and searching - under s44 of TA, Police had power to s&s anyone (too wide) Elliot and Quin V Uk 2010 - now abolished

3. Random stopping and searching

   • Roadblocks - s4 of PACE - authorised by a SI: committed/commit tracing witnesses for a serious offence.
   • Under s44 of TA Police had the power to s&s anyone. Gillan and Quinton v UK 2010 - protect civil liberties (NOW ABOLISHED)
     • Replaced with s.47a -can only s&s with authorisation by a senior officer.
   • Code A amended sought to eliminate voluntary searches.