THE ENGLISH LEGAL SYSTEM OCR

Stop + Search (**):

• Police (P) have power 2 ** under S.1 of Police and Criminal Evidence Act (PACE) 1984. Code of Practice A gives guidance 2 P about when thay can conduct **
• Purpose of PACE = allow P 2  investigate without making arrest
• S.1 = power 2 ** in public place where reasonable suspicion (RS) person/vehicle in possession of stolen goods/prohibited articles adapted/intended 4 use in burglary/criminal damage e.g. weapons (prohibited fireworks added in Serious Organised Crime and Police Act 2005).
• 4 ** 2 be legal, P officer has 2 give name, station & reason 4 **. Shown in Osman v DPP (1999). Osman acquitted on appeal 4 assaulting PO who failed 2 give name &  station b4 **
• Under S.2(9) PACE, P have power 2 ask person 2 remove outer coat, jacket & gloves only in public. Any other items of clothing e.g. shoes 2 be removed must be done in private e.g. P van
• PO must also make written report ASAP after **
• Under Code A of PACE, P must have reasonable grounds 4 suspicion; must be based on intelligence/behaviour of person, NOT other factors e.g. race, age, religion, appearance or previous convictions. Only exception 2 this = where person wearing clothing associated with membership of gang known 2 carry prohibited articles
• Other Acts which give P power 2 **= Misuse of Drugs Act 1971 (can ** 4 controlled drugs) & Terrorism Act 2000 (can ** 4 articles relating 2 terrorism & includes power 2 remove shoes+headgear. S.44 of this Act=** without RS (specified area) BUT been removed by gov
• Under S.60 of Criminal Justice & Public Order Ac[[bt (CJPOA) 1994 P have power 2 ** without RS in anticipation of violence but only with authorisation of senior PO & only in place 24 hours e.g. football matches, large demonstrations
• S.60AA of CJPOA 1994 gives P power 2 remove items used 2 conceal identity e.g. headwear
• No Voluntary searches (VS) since 2004. Code of Practice A made it clear VS can only be made where power 2 ** already exist. Must be made in accordance with law & Code A