POLICE POWERS 1 Introduction and Scope of Lectures Background to the Police and Criminal Evidence Act 1984 (PACE) The ‘Confait’ Case (Lattimore (1975) 62 Cr App R 53) Swamp 81 and the Scarman Report

POLICE POWERS 1 Ethos of PACE - “balance" between the needs of the police and the liberty of the individual. Statutory Scheme – Importance of the Codes of Practice Stop and Search also covered by s.60 Criminal Justice and Public Order Act 1994 and s.44 Terrorism Act Note codification of powers in PACE.

POLICE POWERS 1 Stop and Search under PACE The power can only be exercised in a public place (s.1(1)) Note the exception in s.1(4) The power can be exercised only on restricted grounds (s.1(2)). Note the extension under s.1(2) Criminal Justice Act 2003.

POLICE POWERS 1 Note the necessity for "Reasonable Suspicion" (s.1(3)) What is "Reasonable Suspicion" ? See COP A. paras 2.1 –2.11. What cannot amount to "Reasonable Suspicion" ? What is the position in regard to ‘consensual searches’? See COP A para 1.5.

POLICE POWERS 1 Certain procedural formalities must be executed before a stop and search can be carried out. (s.2 and COP A para 3.8) Failure to follow procedural rules renders the stop and search unlawful - Osman v Southwark Crown Court [1999] EWHC 622 (Admin), Bonner v. DPP [2004] EWHC 2415 (Admin). The extent of the search is limited (s.2(9) and COP A para 3.5)

POLICE POWERS 1 There is a further restriction where the reasonable suspicion is based on a specific factor. (COP A para 3.3) There is a DUTY to make a written record of the stop and search – (s.3(1) and COP A paras ) The record must show certain things. (s.3(6) and COP A para 4.3) Purpose of the Record and seizure power (s.1(6))

POLICE POWERS 1 Is Article 5 ECHR engaged by stop and search powers?- note the obiter comments in the Court of Appeal in R (on the application of Gillan and anr) v. MPC [2004] EWCA Civ 1067 What additional powers are available? See s.60 Criminal Justice and Public Order Act 1994 and s.44 Terrorism Act Do these powers ‘balance’ need for police powers and liberty? See Gillan above.

POLICE POWERS 1 What are the dangers in overuse or discriminatory use of the powers (see Macpherson 1999) Does the PACE power strike the balance? Conclusion