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”.
http://police.homeoffice.gov.uk
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 1999.
• 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 2004.
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.
Law LA3: Police Powers