Statutes and Sections

Statutes and Sections

1. Stop & Search

   • Police and Criminal Evidence Act 1984 (PACE 1984)
     • Section 1
       • Allows the Police to Stop and Search in a Public Place
       • Defines a public as a place that the public has access to
       • Section 1.6
         • Allows the police to seize Stolen, Prohibited, or Bladed idem from a Stop & Search
     • Code of Practice A
       • Sets out what a P.O. should do in a Stop & Search
         • What "Reasonable Suspicion" is
         • Backs up other things set out in the PACE sections
         • Reasonable force should only be used as a last resort to prevent absconding
     • Section 2
       • Section 2.9
         • Allows the police to remove Gloves, Coats, and Outer Jackets (Outer clothing)
       • Section 2.3
         • A uniformed P.O. must give their Name, Station, and grounds for arrest
         • A plain clothes P.O. must show a warrant card and documentary evidence of the arrest
     • Section 3
       • Reasonable force must only be used as a last resort if necessary to conduct a Stop & Search
   • Misuse of Drugs Act 1971 (MDA 71)
     • Section 23
       • A P.O. can stop and search for any category of Drug
   • Terrorism Act 2000 (TA 2000)
     • Section 44
       • Can Stop and Search on suspicion of Terrorism or Terrorism related offences
   • Equality Act 2010
     • Cannot use a protected characteristic as grounds for suspicion
   • Criminal Justice and Public Order Act 1994 (CRIMPO94)
     • Section 60
       • Order allowing random stop and searches in a specified place for a specified time

2. Arrest

   • Police and Criminal Evidence Act 1984 (PACE 1984)
     • Code of Practice G
       • Emphasises the 'Right to Liberty' found in ECHR
   • European Convention on Human Rights 1955
     • Article 5
       • Every person has the right to Liberty (Freedom)
   • Magistrates Court Act 1980 (MCA 1980)
     • Section 1
       • The Police, in order to get a warrent for arrest, must give evidence to show that the Suspect is likely to have commited, be commiting, or is about to commit a crime