Stop and Search

Stop and Search

1. s1 PACE

   • an officer can stop and search you in a public place if he/she has reasonable suspicion you're carrying stolen/prohibited article
     • public place: extends further than the street, includes pub car park and private gardens
     • reasonable suspiction: and objective basis - facts, behaviour, seen carrying something
     • prohibited article: stolen goods, offensive weapons, articles used to damage,destroy property, controlled drugs

2. s2 PACE

   • a policemen must tell you their name, station, object and ground for the search
   • you can only be searched in a public place of your coat, outdoor jacket or gloves
     • if want to search shoes, religious dresswear have to do it in police van or station by same sex offoer

3. s3 PACE

   • an officer has to make a record of the search as soon as practicle

4. s60 Criminal Justice and Public Order Act

   • gives officers the availability to search anyone in a designated area if they have reasonable suspicion an act of violence will occur (has to be authorised by senior officer)

5. s43 Terrorism Act

   • a constable may search someone he reasonably suspects to be a terrorist in the anticipation of something that could cause terror

6. s44 Terrorism Act (repealed)

   • police can stop anyone without reasonable suspicion if in designated area and given authorisation by senior officer.
   • s47A Terrorism Act - a senior police officer can give authorisation to a specified area if he has reasonable suspicion an act of terror would take place. the authorisation has to be necessary to prevent an act of terrorism.

7. Osmen v DPP

   • Mr Osmen assaulted a police officer when searched. As police officer didn't fulfil s2 PACE the search was deemed unlawful and Osmen wasn't charged

8. Gillian and Quinton v UK

   • 2 journalists searched under s44 TA. took UK to court claiming it was a breach of article 8 of the Human Rights Act and UK forced to repeal Act