Stop and Search
A core function of the Police Service is to
prevent crime.Police Officer's have a 'power'
and/or a (privilege),which is the ability to
stop and search an
individual(s).or their vehicles,to establish
whether they are in possession of weapons,
stolen articles,or other items which may be
used to commit crimes.
The LAWFUL USE,of that privilege
stop and search,is regulated by the
Police and Criminal Evidence Act 1984
(PACE) and the accompanying
Code of Practice.
in addition to using their powers lawfully
under PACE,police officers must ensure
searches are proportionate and necessary
to avoid breaching Article 5 of the
European Convention on Human Rights,
which seeks to protect a person's right to
liberty and security.
Generally before conducting a search,
police officer's must either
have 'reasonable suspicion' that a person
has committed an offence,or
consider that the search is 'reasonably
necessary' to prevent an offence.
Police Officer's Power to Stop and Search.
Article 14 of the
European Convention on Human
Rights (ECHR) protects people from unlawful discrimination on
any ground,such as
sex,race,colour,language,or
religion.
Police Officer's are not entitled to
use their stop and search powers,
solely on the ground of a person's
race or colour.
Under the
Race Relations (Amendment)
Act 2000,it is unlawful for a
Public Authority to do any act
which constitutes discrimination
and the Police Service
(alongside all public authorities)
has a duty to eliminate unlawful
discrimination,
promote equality of opportunity
between people of different
racial groups,and promote good
relations between people of
different racial groups.
when used correctly.
stop and search can be an
effective crime prevention tool
Stop and Search is a complex
and sensitive area of policing.
Stephen Lawrence inquiry report
(recommendation 61)
"that the Home Secretary,in
consultation with Police Services,
should ensure that a record is
made by Police Officers of
all 'stop' and 'stops and searches'
made under any legislative
provision (not just the Police and
Criminal Evidence Act)
Non-statutory or so-called
'voluntary' 'stops' must also be
recorded.
The record to include the reason
for the stop,the out-come.and the
self-defined ethnic identity of the
person stopped
The record to include the reason
for the stop,the out-come,and the
self-defined ethnic identity of the
person stopped.
A copy of the record shall be
given to the person stopped".
STOP and SEARCH POWERS
under section 1 of PACE.
(1) A Constable may exercise
any power conferred by this
section
a) in any place to which at the
time when he proposes to
exercise the power in public or
any section of the public has
access.
(3) This section does not give a
Constable power to search a
person or vehicle or anything
in or on a vehicle unless he has
'reasonable grounds' for
suspecting that he will find stolen
or prohibited articles or an article
to which
(another subsection applies)
RESTRICTIONS on
STOP and SEARCH.
A Constable is restricted in
the use of hi stop and search
powers in places where the
public has access.
this includes a street or a park,
or even a place where the
member of the public has had
to pay to enter,such as a
cinema or a football ground.
A Constable is prohibited from
exercising this power of
stop and search in a dwelling..
however,if a person is in a
garden or yard occupied with
and used for the purposes of
a dwelling or on land so
occupied and used.
a Constable may not search
him in the exercise of the power
unless the Constable has
reasonable ground for believing
a) that he does not reside in
the dwelling
b) that he is not in the place in
question with the expressed or
implied permission of a person
who resides in the dwelling.
the restriction on a Constables
use of his power to search a
vehicle,which is on land is similar
a Constable must have
reasonable grounds for suspecting
that he/she will find the article(s)
as a result of the search.
REASONABLE GROUNDS
information and/or intelligence
relevant to the likelihood of
finding an article ie
an officer encounters someone
trying to hide something in the
street at night
information describing an article being carried by a suspected offender,or a person who has
been seen carrying a type of
article known to have been
stolen.
reliable information and/or
that gang members habitually
carry weapons or controlled
drugs etc
NOT REASONABLE GROUNDS
Reasonable suspicion can never
be supported on the basis of
PERSONAL FACTORS alone
without reliable supporting
intelligence or information
or some specific behaviour
by the person concerned.
a person's race,age,
appearance or the fact,that
the person is known to have
a PREVIOUS CONVICTION
cannot be used alone,or in
combination with each other
as the reason for searching
that person.
Reasonable suspicion cannot
be based on generalization or
stereotypical images of certain
groups or categories of people
There is no power to stop or
detain a person in order to find
grounds for a search
Note
that action constitutes detaining
a person against their will.
CONDUCT OF SEARCHES.
The primary purpose of
Stop and Search Powers is to
enable Police Officer's to allay
or confirm suspicions about
individuals.
Paragraph 1.4 of Code A
Police Officer's may be required
to justify the use or authorisation
of such powers,in relation both
to individual searches and the overall pattern of their activity in this regard,to their
SUPERVISORY OFFICER'S,
or in COURT.
if there is no legal power of
search available,a Police Officer
MUST NOT search a person,
even if the person is prepared
to submit to a search voluntarily.
The three types of searches
generally use.
1) 'pat down'
2) 'strip search'
3) 'intimate search'
this procedures involves searching
a person's bodily orifices.
(These searches are subject to
higher levels of authorisation and
may only be conducted in either a
POLICE STATION or in a
HOSPITAL)
