Stop and Search
- Power - S1 Police and Criminal Evidence Act 1984 (PACE)
- Guidelines - Code of practice A
- Right to stop and search in a public place if they have reasonable suspicion that the person is in possession of stolen goods or prohibited articles.
- Code A - Reasonable suspicion cannot be about clothes, ethnicity, hairstyle, dress etc.
- Must give name, station, reason for search and show ID if not in uniform.
- Can only ask to remove coat, jacket and gloves when in public view.
- Other powers - Misuse of Drugs Act 1971, Terrorism Act 2000, Criminal Justice and Public Order Act 1994 (CJPOA)
- If voluntary search - Officers must still act in accordance with Code A and PACE.
- Osman - Officers didn't give names or station - Not assaulting officer in course of his duty.
- Fennelley - Officers didn't give reason for search - Evidence found inadmissible.
- Power to arrest without a warrant - S24 PACE amended by S110 and 111 Serious Organised Crime and Policing Act 2005 (SOCPA)
- If the police have reasonable suspicion the suspect has committed, is committing, or is about to committ an offence.
- Arrest must be necessary.
- To gain name and address of suspect.