Stop and Search

Stop and Search

1. Code of Practice A (sets out guidance for police)

   • 1.1 Powers to stop and search must be used fairly, responsibly, with respect for people being searched and without unlawful discrimination
     • 1.2 Stop/search must be brief
       • 1.3 If these fundamental principles are not observed use of powers to stop and search may be drawn into question
         • 1.4 Officers may be required to justify the use or authorisation of such powers to their supervisory officers or in court
           • 1.5 An officer must not search a person where no power to search is applicable even where a person is prepared to submit to a search voluntarily. The only exception where an officer does not require a specific power applies to searches of persons entering sports grounds or other premises carried out with their consent given as a condition of entry
             • 2.2 Reasonable grounds for suspicion depend on the circumstances. Must be and objective basis for that suspicion based on facts, information, and/or intelligence which are relevant to the likelihood of finding an article of a certain kind or, in the cases of searches under s43 of the Terrorism Act, to the likelihood that the person is a terrorist. Reasonable suspicion can never be supported on the basis of personal factors. Unless in a witness description, a persons age, race, appearance, or the fact that the person is known to have a previous conviction cannot be used as reason for searching that person. A persons religion is not reasonable grounds. It cannot be based on generalisations or stereotypical images. It must be objective.
               • 2.3 Reasonable suspicion may be based on the behaviour of a person. S43 Terrorism Act allows reasonable suspicion to extend to the suspicion that a person is a terrorist due to their behaviour at or near a location which has been identified as a potential target for terrorists.
                 • 2.4 Reasonable suspicion should normally be linked to accurate and current intelligence or information. Searches based on accurate and current intelligence are more likely to be effective.
                   • 3.5 No power to require a person to remove any clothing in public other than an outer coat, jacket or gloves except under S45(3) of the Terrorism Act (which empowers a constable conducting a search under S44(1) or 44(2) of that Act to require a person to remove headgear and footwear in public) and under S60AA of the Criminal Justice and Public Order Act (which empowers a constable to require a person to remove any item worn to conceal identity). A search in public of a persons clothing which has not been removed must be restricted to superficial examination of outer garments. A persons hair may also be searched in public.
                     • 3.6 Where on reasonable grounds it is considered necessary to conduct a more thorough search, this must be done out of public view. These searches may only be made by an officer of the same sex as the person searched and may not be made in the presence of anyone of the opposite sex unless the person being searched specifically requests it.
                       • 4.1 An officer who carried out the search must make a record of it at the time unless there are exceptional circumstances which would make this wholly impracticable. If a record is not made at the time the officer must do so as soon as practicable afterwards
   • Officer must give his name, station and the reason for his search

2. S1 of PACE - police have the power to stop and search a person in a public place if they have reasonable suspicion that prohibited articles, stolen goods or articles made, adapted or intended for use in burglary or criminal damage are in their possession (prohibited fireworks were added in the Serious Organised Crime and Police Act)

3. S60 of the Criminal Justice and Public Order Act gives police the power to stop and search anyone in an area designated by a senior officer for up to 24 hours in anticipation of violence. No reasonable suspicion needed.

   • Tends to be misused to deal with street robbery or other crimes rather than its original purpose of dealing with riots
     • Can be seen as infringement of civil liberties.

4. The Misuse of Drugs Act gives power to search for prohibited drugs

5. Important to ask people to remove items that may conceal identity/help avoid detection as illustrated when a London bomber avoided detection dressed in a burka

   • Searching for prohibited items does prevent crime - the Tottenham leaflet experiment led to a 50% reduction stop and search but increases in burglary and street robbery in the area, illustrating this point
   • The fact that the officer has to identify himself and give a reason for the search protects the individual from random searches illustrated by OSMAN
   • CoP A setting out what reasonable suspicion is not protects individuals from harassment because of their appearance or previous record however reasonable suspicion is still easy to justify and open ended
   • The fact that all searches must have statutory authority and a report must be written protects individuals as each search must be justified
   • Many people do not know their rights which make the rights ineffective

6. The Terrorism Act gives police the power to stop and search where there is reasonable suspicion that the person is involved in terrorism

   • Gillan & Quinton v UK - S44 Terrorism Act amended. Individuals challenged statutory power on the grounds it is incompatible with Article 8 of the Human Rights Act. S44 was too broad, replaced by S47A. S47A - Senior officers authorisation must be based on intelligence, once authorisation is given no reasonable suspicion is needed, senior officer gives authorisation and must reasonably suspect an act of terrorism will take place and considers powers are necessary. 47A should be used if officers are satisfied that they cannot meet a threshold of reasonable suspicion.

7. S1-7 PACE - stop and search powers