Police Powers - Stop and Search

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Stop and Search
Sections 1-7 of PACE(Police and Criminal Evidence Act 1984) govern stop and search.
Codes of Practiceare important in court, however not legally binding.
Section 1 of PACE:
A constable may:
(A) Search any person or vehicle or anything which is in or on a vehicle
for stolen and prohibited articles.
(B) Detain persons or vehicles for the purposes of such a search.
Code A of PACE 1984:
Reasonable suspicion cannot be based on personal factors alone.
Police cannot stop and search based on generalisations or stereotypical images .
A provision which allows stop and search where there is reliable info/intel that members
of a gang habitually carry knives/weapons/controlled drugs unlawfully and wear a
distinctiveitem of clothing which indicates gang membership.
New Code of Practice A 2011 inc. "protected characteristics" under the Equality Act 2010:
Powers to S&S must be used fairly, responsibly, with respect and without discrimination.
The Equality Act makes it is unlawful for officers
to discriminate against, harass or victimize any
person on the grounds of the " protected
characteristics ".
An officer can base suspicion on current
intelligence describing a stolen/prohibited
article, a suspect or behaviour.
Requirements of a lawful stop and search:
The officer must give the person being searched the following
information: GOWISE
Failure to follow this procedure risks the search being deemed
unlawful. As seen in Osman v DPP and Michaels v Highbury
Corner Magistrates.

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Removal of Clothing
Section 2 of PACE
A constable cannot require a person in public to remove anything
other than JOG .…read more

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