What sets out the police powers?
Section 1 PACE 1984
Police and Criminal Powers Act PACE (1984)
What is the purpose of stop and search?
To give more power to the police
So that police officers can check out any suspicions instead of arresting and taking to station.
To give more rights to citizens.
What is meant by "public place"?
streets, car parks and even gardens if suspected person does not live at that address.
Anywhere. i.e. houses, streets.
only in busy places i.e. town centers
What does CODE A give guidance on and stress?
It just gives police simple instructions on stop and search and stresses power.
It give guidance and stresses that powers to stop and search MUST be used fairly.
It doesn't give guidance or stress anything.
"reasonable grounds for suspecting" gives very wide powers. What do the codes of practice do to be used as safeguards?
A,stop and search powers; B, powers to search premises and seize property. C, to deal with detention, treatment and questioning. D, Rules for identification procedures. E, on tape recording interviews. F on videoing interviews. G, on powers of arrest. H, on detention, treatment and questioning of those arrested under s41 Terrorism Act 2000
There are no codes of practise
COdes A- H just state powers of stop and search
Are there any other safeguards?
Yes. Officers must give name and station; Officer must give reason for search; if outside can only request outer clothing to be removed; officer MUST make a written report straight after; if want to remove further clothing it must be out of public view.
What are the other powers to stop and search?
Misuse of Drugs Act 1971. Criminal Justice and Public Order Act 1994. Terrorism Act 2000. Voluntary searches.
there are no other powers
only the CJPOA
What are the problems with stop and search powers?
There are no problems with it.
Since PACE stop and searches have increased a significant amount. Also stats show black people are 6 times more likely to be stopped and searched.
Everything as it gives too much power to police.
What is the balance of interest factor?
London bombing of July 2005. A man avoided detection by leaving the city dressed in a burka.
lots of past cases prove that ethnic minorities offend more.
there are less numbers in the ethnic minority population
Does stop and search always lead to arrest?
Before 1999, 10% of stop and searches lead to arrest. However 90% (900,000) people were unnecessarily stopped each year.