powers to stop and search of premises police powers stop & search and search of premises

Powers to stop and Search of Premises

POLICE POWERS

STOP & SEARCH

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”.

http://police.homeoffice.gov.uk

http://police.homeoffice.gov.uk/


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.


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.


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 1999.

– 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.


STOP & SEARCH

• Voluntary searches:– Person agrees to search voluntarily.– These are now recorded following revision to Code

A in 2004.

• Road checks:– s 4 PACE.– Applies to serious arrestable offences only– Can search anyone in a specified area.– Authorised by superintendent.


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.


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.


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.


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.

powers to stop and search of premises police powers stop & search and search of premises

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