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"Reasonable suspicion" |
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A guide to reasonable suspicion is found in
the codes of practice, it can never be based on personal appearance,
previous convictions etc |
The Codes of
Practice, Code A says:-
2.2
Reasonable grounds for suspicion depend on the circumstances in each case.
There must be an objective basis for that suspicion based on facts,
information, and/or intelligence which are relevant to the likelihood of
finding an article of a certain kind or, in the case of searches under
section 43 of the Terrorism Act 2000, to the likelihood that the person is
a terrorist.
Reasonable suspicion can never be supported on the basis of personal
factors alone without reliable supporting intelligence or information or
some specific behaviour by the person concerned. For example, a person’s
race, age, appearance, or the fact that the person is known to have a
previous conviction, cannot be used alone or in combination with each
other as the reason for searching that person. Reasonable suspicion
cannot be based on generalisations or stereotypical images of certain
groups or categories of people as more likely to be involved in criminal
activity.
2.3
Reasonable suspicion can sometimes exist without specific information or
intelligence and on the basis of some level of generalisation stemming
from the behaviour of a person. For example, if an officer encounters
someone on the street at night who is obviously trying to hide something,
the officer may (depending on the other surrounding circumstances) base
such suspicion on the fact that this kind of behaviour is often linked to
stolen or prohibited articles being carried. Similarly, for the purposes
of section 43 of the Terrorism Act 2000, suspicion that a person is a
terrorist may arise from the person’s behaviour at or near a location
which has been identified as a potential target for terrorists.
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Powers of the police to stop
and search without suspicion |
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No reasonable suspicion needed for a search
for articles of a kind which could be used in connection with terrorism |
Section
44 Terrorism Act
The police have many
other powers to stop and search, these include the power to stop and
search for drugs, firearms and under
section 44 Terrorism Act 2000,
however this power can only be used when authorised by a senior police
officer.
Authorisations under section 44 of the
Terrorism Act 2000 confer extraordinary powers of stop and search. They
can be made where expedient for preventing acts of terrorism. Although
initially made by police officers of ACPO rank, they must be confirmed by
the Secretary of State. In view of their importance, authorisations are
subject to considerable scrutiny before being confirmed by the Secretary
of State.
Authorisations allow officers to stop and search vehicles and persons
within vehicles, and pedestrians. The power conferred allows an officer to
search for articles of a kind which could be used in connection with
terrorism, whether or not there are grounds for
suspecting the presence of such articles.
Authorisations can last up to 28 days, they are limited to
geographical area and there has to be a good reasons for authorising the
powers.
The controls on the police appear to be quite limiting but in practice the
police operate under this section without much restriction.
This wide ranging power is linked to other "counter terrorist measures" in
areas where a senior police officer authorises the actions. The
police may also search to find evidence that a person is a terrorist (sec
43).
This power is very controversial; the police
use of it receiving considerable adverse press reports and cases, for
example Gillan & Quinton v Commissioner of Police of the Metropolis where
two protestors were arrested at an arms fair in London: BBC report
here.
Home Office Circular issued August 2006,
here.
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Sec 60
CJPOA power |
Section 60 of the
Criminal Justice and Public Order Act 1994,
gives the police blanket authority to search
anyone in the "area"
it was originally introduced to prevent antisocial behaviour, for example
at football matches.
Under s60 a police officer of the
rank of superintendent or above may authorize all persons and vehicles
within a locality to be searched
regardless of suspicion, if
serious violence is expected in an area. The authority may be given by an
inspector if he believes violence is imminent and no superintendent is
available.
The police do not need to have
reasonable suspicion that a person is carrying an offensive weapon to
search under s60.
Criticism:
Police have used this section to cordon off demonstrations, corral people
into a confined area before taking their names, addresses and sometimes
photographs, then releasing them one by one.
The s60 order is used by the police at major demonstrations to
control, subdue and gain personal information about protesters despite it
being a power limited to "Stop and search in anticipation of violence".
The safeguards, which
require police to give certain information prior to the search, apply to
s60 just as they do to any other search; s2 PACE.
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Sec 87
Serious Crime Act 2007 |
Section 87
amends and extends
section 60(1) of the
Criminal Justice and Public Order Act
1994 by including the power to search where there has been
(i)
an incident
involving serious violence
(ii)
a dangerous instrument or
offensive weapon used in the incident is being carried in any locality in
his police area by a person; and
(iii)
it is expedient to give an
authorisation under this section to find the instrument or weapon.
An authorisation need not be given in writing where it is not practicable
to do so.
An
“offensive weapon” includes any article used in the
incident to cause or threaten injury to any person or otherwise to
intimidate.
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