Stop and search

Stop and search

1. Section 1 PACE

   • Give officers the right to stop and search a person or vehicle in a public place, or place to which the public have access.

2. Guidlines

   • Officer must provide his name, police station and reason for search
   • If not in uniform the officer must produce evidence that the person is an officer.
   • The officer cannot order a person to remove any clothing in public except:
     • Outer coat
     • Jacket
     • Gloves
   • Officer must produce a written record of the search after it has taken place

3. Code of Practice A

   • Defines what is reasonable grounds for suspicion when carrying out a stop and search
   • Unreasonable grounds of suspicion
     • Seteortyped image
     • Ethnicity
     • Appearance
     • Age
     • Knowledge of previous convictions
   • Reasonable grounds of suspicion
     • Citizen has supplied information about a suspect and the person fits that information
     • Suspect is acting suspiciously
     • A person carrying an article at an unusal time
     • One situation where an officer can base his suspicion on the appearance of a suspect is when there is reliable information that members of a gang are unlawfully carrying knives or drugs and wearing a distinctive item of clothing which may symbol identifying them to a gang.

4. Voluntary searches

   • Code of Practice A states that a voluntary search no longer exists, meaning that a person can refuse a search if there is no reasonable grounds of suspicion to search him. The search can only be made where a power to search already exists unless the search will be unlawful.
   • "Does not give constables the power to search a person or wehicle or onything on/in a vehicle unless there is reasonable suspicion that he will find stolen or prohibited articles."

5. Cases

   • Rice V Connolly - Nobody is obliged to answer police questions e.g. you can refuse to answer but cannot give false information.
   • Tomlinson V DPP - A person 'wondering aimlessly' for 15 minutes in a place well known for drugs. Cannot search someone due to them being in a dodgy area if he's not acting suspiciously
   • Osman V DPP - If name and station not given during search it will be unlawful. Officers did not give their name or station when searching Osman.

6. Acts of Parliament which give the police right to stop and search people

   • Misuse of Drugs Act - Allows officers to stop and search a persons vehicles for prohibited and controlled drugs.
   • Terrorism Act - Search people where there is reasonable suspicion that they are involved in terrorism.
   • Criminal Justice and Public Order Act - Right to search in anticipation of serious violence. Must be authorised by a senior officer. Only authorised for 24 hours.