Presentation on theme: "Law LA3: Police Powers Unit 3 Option 2 Stop and Search & Search of Premises."— Presentation transcript:
Law LA3: Police Powers Unit 3 Option 2 Stop and Search & Search of Premises
Law LA3: Police Powers Police Powers “The Police and Criminal Evidence Act (PACE) and the PACE codes of practice provide the core framework of police powers and safeguards around stop and search, arrest, detention, investigation, identification and interviewing detainees”. “PACE sets out to strike the right balance between the powers of the police and the rights and freedoms of the public. Maintaining that balance is a key element of PACE”.
Law LA3: Police Powers Stop and Search Section 1 PACE 1984 Police can stop and search persons or vehicles in a public place or a place to which the public has access provided there are reasonable grounds to suspect that they will find stolen or prohibited articles. Section 1(3) CJA 2003 Extended power to cover search for articles intended for criminal Damage.
Law LA3: Police Powers Stop and Search Code of Practice A Reasonable suspicion. Can never be based on personal factors alone such as race, age, sex, previous convictions or any other general stereotype.
Law LA3: Police Powers Stop and Search Safeguards The police officer(s) carrying out the stop and search must state their name, station and the grounds for the search. Osman v DPP Section 2(9) PACE - can only be asked to remove outer coat, jacket and gloves in public. Headgear and footwear can be removed in private (e.g. in police van) in presence of officer of same sex.
Law LA3: Police Powers Stop and Search Voluntary searches Person agrees to search voluntarily. These are now recorded following revision to Code A in Road checks Section 4 PACE. Applies to serious arrestable offences only. Can search anyone in a specified area. Authorised by superintendent.
Law LA3: Police Powers Additional Stop & Search Powers Misuse of Drugs Act 1971 Can stop and search anyone reasonably suspected of unlawful possession of a controlled drug. Terrorism Act 2000 Power to stop and search on reasonable suspicion for involvement in terrorism. Criminal Justice and Public Order Act 1994 Can stop and search anyone in an area where they reasonably believe serious violence may occur. Anti-Terrorism Crime and Security Act 2001 Home Secretary can secretly authorise police to carry out random stop and searches in the fight against terrorism. NB There is an erosion of the requirement for reasonable suspicion of the individual in the latter two.
Law LA3: Police Powers Search of Premises Provisions contained in PACE Section 8 - police can seize and retain items covered by a warrant to prevent their being concealed, lost, altered or destroyed. Section 17 - police may enter and search premises to make an arrest (with or without a warrant), to capture a person unlawfully at large or to protect people or prevent damage to property.
Law LA3: Police Powers Search of Premises Provisions in PACE (continued): Section 18 - after an arrest, police can search premises occupied or controlled by the suspect if they reasonably believe there is evidence of this offence or other offences there. Section 32 - after an arrest, police can enter and search premises where person was when arrested or immediately before arrest if there is reasonable suspicion to believe there is evidence of the offence there. Section 19 - once lawfully on the premises, police may seize and retain any item that is evidence of a crime.
Law LA3: Police Powers Search of Premises Code of Practice B Searches must be made at a reasonable time; only reasonable force can be used; and must show due consideration and courtesy to the property and privacy of the occupier.