Flashcards

Police powers: stop and search under PACE 1984

Adil Ramzan English 4 cards

Cards in this deck (4)

1Police PowersStop and Search
S1 Police and Criminal Evidence Act 1984. Can stop and search any person/vehicle in a public place, if RG to suspect stolen/prohibited.
CJA 2003-added items made/adapted for Crim Dam and burglary
SOCPA 2005-fireworks
2RG- Castorina(must be determined objectively). Code of practise A provides guidelines (+matching identity, acting suspiciously, weapon) (-sterotyping, previous convictions) Tomlinson vs DPP- Soho-drugsProcedure- NSR, warrant card, written record
Osman vs DPP- an officer stopped a citizen and failed to give his name and station-unlawful
3Limitations - only RF, cant stop and search voluntarily (CJA 2003) Can only search outer clothing in public (HRA 98) Rice v Connolly- was asked Q on voluntary basis, he refused and was arrestedfor obstructing officer, was quashed onappeal as he was not obliged to answer QOP- Criminal Justice and public order act 1994 (S.60 orders) -power to enter a property for upto 24 hours = search anyone
Misuse of drugs act 1971
Terrorism Act 2000- x power to remove headgear and shoes
Sporting events Act - seize alcohol and prevent entry to sporting events if intoxicated
4Searchesinitial non intimate search (same as street)
Strip Searches ( Code C )- same sex officer to search private areas, half clothing at a time
Intimate searches- search authorise by Superintendent, carried out by a doctor or nurse, check all holes exc mouth which officer will check- drugs or weapon - not allowed for stolen things