Powers to stop and Search of Premises POLICE POWERS STOP & SEARCH and SEARCH OF PREMISES

Powers to stop and Search of Premises 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”.

Powers to stop and Search of Premises STOP & SEARCH s 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. s 1(3) CJA 2003 –Extended power to cover search for articles intended for criminal damage.

Powers to stop and Search of Premises STOP & SEARCH Code of Practice A –Reasonable suspicion. –Can never be based on personal factors alone such as race, age, sec, previous convictions or any other general stereotype.

Powers to stop and Search of Premises STOP & 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 –s 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.

Task Consider what the term ‘Reasonable Suspicion’ Means What is a subjective term? Powers to stop and Search of Premises

STOP & SEARCH Voluntary searches: –Person agrees to search voluntarily. –These are now recorded following revision to Code A in –Can only take place where there is a power to search anyway Road checks: –s 4 PACE. –Applies to serious arrestable offences only –Can search anyone in a specified area. –Authorised by superintendent.

Powers to stop and Search of Premises 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.

Powers to stop and Search of Premises SEARCH OF PREMISES Provisions contained in PACE: –s8 – police can seize and retain items covered by a warrant to prevent their being concealed, lost, altered or destroyed. –s17 - 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.

Powers to stop and Search of Premises SEARCH OF PREMISES Provisions in PACE continued: –s 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. –s 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. –s 19 - once lawfully on the premises, police may seize and retain any item that is evidence of a crime.

Powers to stop and Search of Premises 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.

Task Consider the following scenario and consider whether you think the police have acted lawfully Powers to stop and Search of Premises

Tom Following a theft from a jewelers shop, police officers on foot patrol in the area were instructed to look out for a man with red hair. PC Sparrow and PC Wren stopped red-haired Tom in the street an searched him, but found nothing suspicious. The 2 officers then went to Tom’s address and persuaded his wife to let them in by telling her Tom had been in an accident. PC Wren kept Tom’s wife talking while PC Sparrow went upstairs and searched the bedroom where he found a Rolex watch. Powers to stop and Search of Premises

Activities After an incident in which a man was stabbed and seriously hurt, a police officer grabs hold of Damon. When Damon protests and asks why, the police officer says ‘you know why’ The officer did not see the incident but was told by someone else at the scene that Damon was responsible. Powers to stop and Search of Premises

Tony, a taxi driver, sees Gary climbing out of the window of a house. Tony catches hold of Gary and takes him to the police station Powers to stop and Search of Premises

Amanda is stopped by the police for speeding. When one of the officers asks her name she replies ‘Superwoman’. She is then asked for her address but refuses to give it. She is arrested and taken to the police station. Powers to stop and Search of Premises