Police Powers

Police Powers

Powers under PACE

(police and criminal evidence act)

Section 1 of PACE gives the police the right to stop and search people and vehicles in a public place.

To stop and search under PACE, a police officer must have reasonable grounds for suspecting that the person is in possession of (or the vehicle contains) stolen or prohibited articles. Prohibited articles include items such as offensive weapons (this includes knives and other sharp objects) and articles for use in connection with burglary or theft or criminal damage.

Safeguards

As these powers are very wide, safeguards are in place. PACE states that the police officer must give their name and station. If this is not done then the search may be unlawful.

A case example is: Osman v DPP (1999).

Ofiicers who stopped and searched Mr Osman did not give their names or station. The Queen's Bench Divisional Court held this made the search of Mr Osman unlawful and so he could not be guilty of assulting the police in execution of their

Code A

Police Code of Practice A under PACE contains guidance on when the powers of stop and search should be used.

Reasonable suspicion must only rely on intelligence or information about the suspects behavior unless the police have a description of the suspect.

The police CANNOT use reasonable suspicion in relation to personal factors. Reasonable suspicion cannot be based on generalisations or stereotypical images of certain groups or categories of people.

Equality Act 2010 sets out the 'protected characteristics' these are: age, race, religion/belief, gender, sexuality, etc.

Must be an objective basis for stopping and searching someone.

Appearance

In this circumstance a police officer may base their suspicions on appearance this is when there is reliable information that member of a group / gang habitually carry knives unlawfully and weapons or controlled drugs, and wear a distinctive item of clothing or other means of showing that they are members of the group / gang.

Voluntary searches

Where a person is prepared to be searched.

Since 2004, Code of Practice A made it clear that a voluntary search can only be made where a power to stop and search already exists.

All voluntary searches must be made in accordance with the law and the provisions of Code A.

This includes the fact that voluntary searches must be recorded in writing.

This type of stop and search can only take place where it has been authorised by a senior police officer who reasonably believes that serious violence may take place in the area.

In this case a police officer does not have to have reasonable suspicion about the individual they stop

Other powers to stop and search

Terrorism act

Section 60 of the Criminal Justice and Public Order Act 1994 gives the police the right to stop and search in anticipation of violence.