Law

Stop and search

section 1- right to stop and search in a person or vehicle in a public place e.g. car park, street and garden
section 2 - officer must give name, station and reason for stop and search - osman v DPP the stop and search was unlawful
section 2 (3) - non-uniform officer must provide ID
section 2(9) - only ask suspect to remove outer clothing e.g. coat, jacket and gloves
code A 2.2 - officer must have reasonable grounds for believing suspect has committed offences, cannot be based on personal factors (age,gender, race)
section 3 - report made of stop and search and given to suspect as soon as practical
section 117 - reasonable force can be used

1 of 5

section 24 as ammended by section 110 SOCPA 2005 - police officer must have reasonable suspicion that an offence has been committed in past, present and future they can arrest you
S.24A PACE 1984 – sets out the rights of private citizens to make an arrest
section 28 - inform suspect that they are being arrested
R v Taylor- use simple non-technical language
s.32 PACE 1984 – when a person has been arrested the police have a right to search that person for anything which might be used to help an escape or anything which might be evidence relating to the offence.
Necessity test- is it necessary to arrest suspect e.g. protect a child, enables the persons name or adresss, allow an effective investigation
Richardson (2011) – Birmingham based teacher sued the police for unlawful arrest
secton 117 - cam use reasonable force in arrrest
s.46(A) PACE 1984 as added in by CJPOA 1994 – right to arrest without a warrant anyone who, having been released on police bail, fails to attend at the police station at the set time.

2 of 5

section 30- take suspeect in front of custody officer ASAP
section 36 - custody officer decides if there is enough evidence to chargeright there
section 40 - detention reviews (1st check by the custody officer within 6 hours, then 9 hours intervals)
section 41 - summmary offence no longer than 24hrs
section 42 - indictable offence 36 hours with premission of senior officer
section 44- magistrates court can grant up to 96 hours to hold a suspect
section 56 - right to inform someone of arrest , R v Samuel-suspect was not alllowed to contact his solicitor
section 58 - right to legal advice in private (solicitor) , R v Grant-illegal recordings were made by police between Grant and his solicitor
code of c conduct cells must be be well lit and ventaliated, 2 meals, drinks avaliable on request

3 of 5

section 57- youth ofenders and vulnerable adults must be given an appropriate adult, R v Aspinall schizophrenic was not allowed an appropriate adult
section 60 - all interviews must be tapped recorded
section 34-29 CJPOA - all suspects have a right to silence and does not mean they are guilty however police can make inferences from the silence
code of conduct c - all interviews must be give a seat during the interview, cannot be interviewed for long periods of time (8 hours), drinks offered on request, interviews must be well lit and ventilated

4 of 5

section 55 - intimate searches (any body orfice other than mouth)
section 61 - police can use reasonable force to obtain fingertips
section 62 - intimate samples e.g. blood, semen, tissues fluid, pubic hair
section 63 - non-intimate samples e.g. nail clippings, saliva,hair
section 64 (1A) - added by CJPA 2001 samples can be retained on national database for prevention r detection of crime
Marper v UK - persuassive precedent from ECHR, keeping DNA samples on database is against humna rights if found innocent

5 of 5