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STOP AND SEARCH
The power to stop and search individuals on the
street is all dependent on a balancing act
between respecting the individuals civil rights
and also the protection of society.
In addition to this, the police's power to stop
and search people on the street are contained in
section 1-7 of PACE and Code of Practice A.…read more

Slide 3

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STOP AND SEARCH CONTINUED
Section 1 allows the police to have the right
to stop and search people who are in vehicles
in a public place. However for this to take
place the officer must have reasonable
grounds for suspecting the individual is in
possession of (or the vehicle they are in
contains) stolen or any prohibited articles
which could be in use and in connection with
burglary or theft.
Prohibited articles include weapons, drugs or
any illegal items.…read more

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SEARCHING AN ARRESTED PERSON
This particular power is extremely wide, and
as a result of this some safe guards have
been introduced to protect the rights of the
individual.
The officer dealing with the case must:
*Give their name and station
*State the reason for the search
* What act they are stopping you under…read more

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SEARCHING AN ARRESTED PERSON
CONTINUED
A case where this has been illustrated is in Osman V
DPP(1999).
Within this case the officers who were dealing with
this cased failed to give their names and station. The
Divisional Court held that this made the search
unlawful due to this and therefore Mr Osman would
not be found guilty of assaulting the police in the
execution of their duty, when he resisted the search
as they didn't state the information required.
Moreover, if a search takes place in public then the
police can only ask the suspect to remove their outer
coat, jacket and gloves. Also the officer who is
present must produce a written report of the search
as soon as possible after the search has taken place.…read more

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TIME LIMITS
The police can detain someone for 24 hours this is
without getting any extensions.
The police can detain someone for 24 hours without
an extension, but with the authorisation of a senior
officer which can be a Superintendent or anything
above they can lengthen this duration to 36 hours.
A suspect can be detained without charge for 28 days
under the Terrorism Act.
A person can be detained for 96 hours if they have
committed a serious offence on order by the
Magistrate.…read more

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