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Introduction |
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Before PACE
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Prior to 1986 (Police and Criminal Evidence Act (PACE) 1984), the police, nationwide, had available only a
few powers to search for stolen army stores, drugs and firearms.
Police powers to search people in the street for stolen goods, even for a
murder weapon simply did not exist outside London and other Metropolitan
boroughs.
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Since PACE |
The wide powers given to the police under
PACE were in some
instances abused, or at least thought to be. A balance has been
attempted by a plethora of controls - Codes of Practice, Home Office
Circulars - many of which are available on the Home Office website
here. |
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Search before entry to premises, road
traffic stops |
Police powers to search should not be confused with the requirement to be
searched before entering nightclubs, football matches, to board aeroplanes
and so forth. Searches in these circumstances are by request of the
management; if you refuse to be searched, you are refused entry.
Also, nothing in the provisions of
PACE or the Codes of Practice affect
the police powers to enforce road traffic offences, or example to stop a
motorist and ask for his driving licence or require him to provide a
breath test.
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Voluntary search |
There is no such thing as a "consent search".
Even where a
person is quite content to being searched the police officer is still
subjected to PACE and the Codes of Practice and should adopt the same
procedure, as though the person does not consent.
The only exception, where an officer does not require a specific power,
applies to searches of persons entering sports grounds or other premises
carried out with their consent given as a condition of entry.
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Searching bags cases and the like |
There is nothing in
PACE or the Codes of Practice that specifically refers
to searching bags. It is submitted, that whilst
PACE and the Codes
of Practice apply only to searching persons and vehicles, the searching of
bags is included.
In Taylor v Pritchard
[1910] KBD, a pocket was held to be a bag, under similar
legislation. |
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Stop and search powers |
The first contact between a suspect and the police is often when the
police officer stops him on the street and searches him.
If the officer finds stolen or prohibited articles, he may arrest the
suspect.
The power to stop and search extends to vehicles. "Stop" includes
detain for the purpose of the search.
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The meaning of a power |
The word 'power' simply means that if a police officer is acting lawfully;
he is not assaulting, arresting or imprisoning the suspect (otherwise,
each is either a tort or criminal offence or both). |
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Street Wardens |
All
references to officers in this section include police staff designated as
Community Support Officers under
section 38
of the Police Reform Act 2002. |
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Exam focus... |
Exam
focus:
Demonstrate knowledge of powers to stop and search set out under the
Police and Criminal Evidence Act 1984, the codes of practice, the Criminal
Justice Act 2003 and other relevant legislation
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S
1 of PACE - police have the power to stop and search a person in a
public place if they have reasonable suspicion that prohibited articles,
stolen goods or articles made, adapted or intended for use in burglary
or criminal damage are in their possession (prohibited fireworks were
added in the Serious Organised Crime and Police Act 2005)
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Police officer must give his name, station + reason for the search
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Only a request to remove outer coat, jacket and gloves, headgear, mask
and footwear is permitted
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Code of Practice A sets put guidance for police on stop and search
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Meaning of reasonable suspicion
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Abolition of “voluntary search” there must be a statutory power for any
search
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Written report required for every stop and search
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Identify other
statutes that give power to the police to stop and search eg
Misuse of Drugs Act 1971 and Terrorism Act 2000
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S60 Criminal Justice and Public Order Act 1994 and the different rules
that apply when that is in force
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Exam focus... |
Exam
focus:
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Discuss the safeguards that have been put in place for the individual
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Fact that the
police officer has to identify himself and give a reason for the search
protects the individual from random searches illustrated by
Osman (1999)
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Code of Practice A setting out what is not reasonable suspicion should
protect individuals from harassment because of their appearance or
previous record.
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Abolition of “voluntary search” so that now all searches are in
accordance with the current law
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Written report protects individual from arbitrary searches
Problems however -
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Reasonable suspicion still very open ended and easy to justify
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Stop and search has increased tenfold since 1986
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Only 10 - 13% of people stopped are then arrested
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Many people do not know their rights - Tottenham leaflet experiment led
to 50% reduction in stop and search but increases in burglary and street
robbery
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Misuse of S60 CJPOA to deal with street robbery or other crimes rather
than its original purpose of dealing with riots
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