Mapa mental
Stop and Search
Contenido del mapa
Stop and Search
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
- an officer can stop and search you in a public place if he/she has reasonable suspicion you're carrying stolen/prohibited article
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
s3 PACE
- an officer has to make a record of the search as soon as practicle
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)
s43 Terrorism Act
- a constable may search someone he reasonably suspects to be a terrorist in the anticipation of something that could cause terror
s44 Terrorism Act (repealed)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.
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
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
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- AS - Level Law Mapa Mental sobre Stop and Search, creado por emilycresswell6 el 29/04/2016.
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- emilycresswell6
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