1. Restrictions, including those restrictions permitted by the European Convention on Human Rights Police powers of stop and search

2. Objectives
Explain and apply the main provisions of the Police & Criminal Evidence Act (PACE) and the Codes of Practice, including stop and search and arrest.
Explain and apply key provisions of the Criminal Justice & Public Order Act 1994 and the Serious Organised Crime & Police Act 2005.

3. Questions to consider In small groups discuss the following:
What powers do the police have? Think of as many as you can and list them.
What rights does a suspect have in police custody? List them.

4. Police & Criminal Evidence Act 1984 (PACE)
Codes of Practice
Code A – Stop and Search
Code B – Search of Premises
Code C – Detention
Code D – Identification
Code E – Tape recording
Code F – Video Recording
Code G – Arrest
Code F – detention, treatment and questioning of suspects related to terrorism
Section 67 – No criminal or civil liability arises from a breach of the Codes.

5. Police & Criminal Evidence Act 1984 - Stop and Search
Sections 1 – 3 PACE
Section 1 stop and search persons or vehicles in a public place if they have reasonable suspicion that they will find:
Offensive weapons
Stolen property
Other prohibited articles
Articles made or adapted for use in
criminal damage (added in by CJA 2003)

6. Police & Criminal Evidence Act 1984 - Stop & Search
What is reasonable suspicion under section 1? – Code A
Should be based on objective factors.
Not subjective factors – should not be based on personal factors alone.
No stereotyping.
No generalisations that certain groups/ people are more likely to be involved in criminal activity.

7. Police & Criminal Evidence Act 1984 - Stop and Search
Section 2
Before the search the officer must:
Identify themselves
Station where they are based
Give the grounds for the search
If not in uniform provide identification
Suspect cannot remove outer clothing in public, except outer coat, jacket or gloves
Code A – search should be carried out with minimum fuss and embarrassment to the suspect
Any items found can be seized [Section 1(6)]

8. Police & Criminal Evidence Act 1984 - Stop and Search
Section 3
A written record of the search should be made at the time of the search or as soon as is practicable.
Copy given to the person searched.
Since 2003 voluntary searches are no longer allowed.

9. Stop and Search Other stop and search powers
Misuse of Drugs Act 1971 Section 23
Criminal Justice & Public Order Act Section 60

10. PACE - Arrest
Arrest with a warrant – Section 1 Magistrates Courts Act 1980.
Arrest without a warrant
Section 24, as amended by the Serious Organised Crime & Police Act 2005 (SOCPA)- police can now arrest for any offence if necessary to do so.

11. PACE - Arrest Arrest without a warrant
Section 24, as amended by the Serious Organised
Crime & Police Act 2005 (SOCPA) – there must be
reasonable suspicion that an offence:
has been committed;
is being committed; or
is about to be committed
And there are reasonable grounds for believing it is necessary to arrest.

12. PACE - Arrest Arrest without a warrant
It is necessary to carry out an arrest if any of the
necessity tests apply, they are:
The name and/or address of the suspect are not known or there are reasonable grounds for doubting whether a name given is a real name; or
It is necessary to prevent the offender suffering physical injury or causing injury to someone else…. ;
It is necessary to protect a child or vulnerable person from the offender;
It is necessary to allow the prompt and effective investigation of the offence;
To prevent the person from disappearing.

13. PACE - Arrest Arrest without a warrant The last 2 necessity tests e.g.
It is necessary to allow the prompt and effective investigation of the offence; or
To prevent the person from disappearing
are likely to justify an arrest in most situations.

14. PACE - Arrest Arrest without a warrant
Code G of the Codes of Practice gives further guidance on arrest.
Same rules apply for reasonable suspicion for arrest as for stop and search.
See:
O’Hara v Chief Constable of the Royal Ulster
Constabulary(1996)
O’Hara v UK (2002)

15. PACE – Arrest Arrest without a warrant
Section 28 – Procedure on Arrest:
Suspect must be informed that they are under arrest;
Given the grounds for the arrest, even if obvious; and
Read the caution, if not already done so.
No set form of words need be used ‘You’re nicked’ has been held to be acceptable - Abbassy (1990).

16. Test yourself What is the full title of PACE?
List the Code of Practice.
What is the main difference between the Codes and the Act?
Under what section is the power to stop and search found?
What is meant by reasonable suspicion for stop and search?
Where is a discussion of reasonable suspicion for stop and search found?

17. Test yourself Where is the power to arrest found?
What recent amendments have been made to the power of arrest? Name the Act.