Stop + Search (SS):
- Police (P) have power 2 SS underS.1 of Police and Criminal Evidence Act (PACE) 1984. Code of Practice A gives guidance 2 P about when they can conduct SS
- Purpose of PACE = allow P 2 investigate without making arrest
- S.1 = power 2 SS in public place where reasonable suspicion (RS) person/vehicle in possession of stolen goods/prohibited articles adapted/intended 4 use in burglary/criminal damage e.g. weapons (prohibited fireworks added in Serious Organised Crime + Police Act 2005).
- 4 SS 2 be lawful, P officer has 2 give name, station & reason 4 SS.Shown in Osman v DPP (1999). Osman acquitted on appeal 4 assaulting PO who failed 2 give name & station b4 SS
- Under S.2(9) PACE, P have power 2 ask person 2 remove outer coat, jacket & gloves only in public. Any other items of clothing e.g. shoes 2 be removed must be done in private e.g. P van
- PO must also make written report ASAP after SS
- Under Code A of PACE, P must have reasonable grounds 4 suspicion; must be based on intelligence/behaviour of person, NOT other factors e.g. race, age, religion, appearance or previous convictions. Only exception 2 this = where person wearing clothing associated with membership of gang known 2 carry prohibited articles
- Other Acts which give P power 2 SS= Misuse of Drugs Act 1971 (can SS 4 controlled drugs) & Terrorism Act 2000 (can SS 4 articles relating 2 terrorism & includes power 2 remove shoes+headgear. S.44 of this Act=SS without RS (specified area) BUT been removed by gov
- Under S.60 of Criminal Justice & Public Order Act (CJPOA) 1994 P have power 2 SS without RS in anticipation of violence but only with authorisation of senior PO & only in place 24 hours e.g. football matches, large demonstrations
- S.60AA of CJPOA 1994 gives P power 2 remove items used 2 conceal identity e.g. headwear
- No Voluntary searches (VS) since 2004. Code of Practice A made it clear VS can only be made where power 2 SS already exist. Must be made in accordance with law & Code A
Balance of interests between crime prevention + individual rights maintained by current rules on SS on streets?
# 4 P 2 combat crime important 2 be able 2 ask people 2 remove items that conceal identity or they may avoid detection HOWEVER only 10-13% people SS then arrested # Fact PO has 2 identify self + give reason 4 SS protects individual from random searches as shown in Osman v DPP (1999)…