Powers to Search (CJ and PO Act 1994)

Size: px

Start display at page:

Download "Powers to Search (CJ and PO Act 1994)"

Katherine Holt
5 years ago
Views:

1 LPG Stop and Search Powers to Search (CJ and PO Act 1994) Student Notes Version 1.08

2 The NPIA is operating as the Central Authority for the design and implementation of Initial Police Learning for Home Office forces in England and Wales. NPIA (National Policing Improvement Agency) April 2011 All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without the prior written permission of the NPIA or its representative. The above restrictions do not apply to police service authorities, which are authorised to use this material for official, non-profit making purposes only. For additional copies, or to enquire about the content of the document, please contact the Initial Learning Design Team on +44 (0) For copyright specific enquiries, please telephone the National Police Library on +44 (0) The NPIA aims to provide fair access to learning and development for all its learners and staff. To support this commitment, this document can be provided in alternative formats. This documentation is not protectively marked. 2

Learning Outcomes When you have successfully completed this module, you will be able to demonstrate your knowledge and understanding in relation to: 1.

3 Learning Outcomes When you have successfully completed this module, you will be able to demonstrate your knowledge and understanding in relation to: 1. Outline authorisation of Section 60, Criminal Justice and Public Order Act Explain key terms within Section 60, Criminal Justice and Public Order Act Explain the powers conferred on a constable when Section 60 of the Act has been authorised in a locality 4. Outline authorisation of Section 60AA, Criminal Justice and Public Order Act Explain the powers conferred on a constable when Section 60AA of the Act has been authorised in a locality 6. List the offences that may be committed in relation to Section 60 and 60AA of the Criminal Justice and Public Order Act 1994 Key to Graphics The pencil indicates an exercise or knowledge check for you to complete. The microscope tells you when there is a topic that may require a closer look or further research or reading. The exclamation mark highlights an area that you need to pay close attention to. 3

4 Table of Contents Learning Outcomes... 3 Key to Graphics... 3 Introduction... 5 Power to Search Criminal Justice and Public Order Act Section 60 Criminal Justice and Public Order Act Interpretation... 6 Initial Period of Authorisation... 8 Extension of Authorisation... 8 Limitations of Authorisation... 9 Extent of Power Steps to be taken prior to a Search Record of Search Powers to Require Removal of Disguises Section 60AA Criminal Justice and Public Order Act Offences under Section 60 and 60AA Fail to Stop Individual Fail to Stop Vehicle Carrying Dangerous Instruments or Offensive Weapons Failing to Comply with Requirement to Remove Items Knowledge Check Knowledge Check Answers

5 Introduction By the end of this section, you will be able to outline the circumstances that must exist, the authorities necessary and timescales for an authority to stop and search individuals under Section 60 of the Criminal Justice and Public Order Act You will be able to explain the offences and limits of your powers in relation to stop and search under this legislation. Power to Search Criminal Justice and Public Order Act 1994 Section 60 Criminal Justice and Public Order Act 1994 This states: (1) If a police officer of or above the rank of inspector reasonably believes: (a) that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence, (aa) that (i) an incident involving serious violence has taken place in England and Wales in his police area; (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; or that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason, he may give an authorisation that the powers conferred by 5

6 this section shall be exercisable at any place within that locality for a specific period not exceeding 24 hours. (3) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any activity falling within the authorisation, he may direct that the authorisation shall continue in being for a further 24 hours. (3A) If an inspector gives an authorisation under subsection (1) he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed. (4) This section confers on any constable in uniform power: (a) to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments; (b) to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments Interpretation Difference between this and Section 1 PACE powers In practice the practical aspects of this power are covered in Notes of Code A of the PACE codes of practice. These notes make it clear that this is a distinctly separate and additional power to the general stop and search powers which require reasonable grounds to suspect an individual of carrying an offensive weapon or other article. The intention is to prevent serious violence and the widespread carrying of weapons that might lead to serious injury, by empowering 6

7 the police to disarm potential offenders in circumstances where other powers would not be sufficient. It therefore follows that if other powers are available they should be used in preference to Section 60. Difference between Section 60(1)(a) and 60(1)(b) Section 60(1) (a) is generally a preventative measure where there is apprehension that serious violence will ensue. Section 60(1) (aa) is applicable where the officer in question has reasonable belief that an incident involving serious violence has taken place in his police area, a dangerous instrument or offensive weapon used in the incident is being carried by a person in his police area; and it is expedient to give an authorisation under this section to find the instrument or weapon. Section 60(1) (b) is applicable where the officer in question has reasonable belief that people are carrying dangerous instruments or offensive weapons without good reason. Serious Violence This is not defined in the Act, and although violence could relate to property, the general thrust of this section appears to be directed against violence to people as opposed to property. Offensive Weapons and Dangerous Instruments Offensive weapons has the same definition as defined in Section 1(9) PACE 1984, i.e.: Any article (a) made or adapted for use for causing injury to persons; or (b) intended by the person having it with him for such use by him or by some other person. Dangerous instruments are bladed or sharply pointed instruments under Section 60(11) Criminal Justice and Public Order Act

8 Carried by Him This means the same as having in your possession which is wider than physical custody of the item in question and that there is no need to prove that the individual concerned knew the nature of the thing they possessed. Reasonably Believes A statutory requirement for reasonable belief imposes a greater degree of certainty on an officer than reasonable suspicion and must have an objective basis such as a history of antagonism between the parties involved, previous violence at similar events, or crime statistics pointing to an increase in knife point robberies in a particular area. Initial Period of Authorisation It is for the authorising officer to determine the period of time during which the powers under the authorisation may be exercised. The period authorised should be no longer than appears reasonably necessary to prevent or seek to prevent incidents of serious violence, or to deal with the problem of carrying dangerous instruments and offensive weapons, up to the maximum of 24 hours. The authorisation must be in writing and must set out the grounds on which it was given, locality in which the powers may be exercised and period of operation of the powers. If an inspector gives the authorisation they must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed. Extension of Authorisation If an officer of, or above, the rank of superintendent considers that 8

9 having regard to offences that have been, or are reasonably believed to have been committed in connection with any activity falling within the authorisation, and it is expedient to do so, they may authorise the continuation of the authorisation for a further period up to 24 hours. An authorisation to extend the period authorised may only be given once, so if further extension is required, a new authorisation has to be made. Such a direction must also be given in writing at the time or as soon as practicable afterwards. Limitations of Authorisation The authorising officer determines the appropriate minimum time considered necessary, and must also make the geographical parameters no wider than necessary for the purpose of preventing anticipated violence, the carrying of knives or offensive weapons or acts of terrorism. It is for the authorising officer to determine the geographical area in which the use of the powers is to be authorised. The officer should not set a geographical area which is wider than that he or she believes necessary for the purpose of the authorisation. The powers under section 60 are conferred on police officers only. It is important to remember that PCSOs do not have these powers. It is particularly important that constables exercising such powers are fully aware of where they may be used. If the area specified is smaller than the whole constabulary area, the authorising office should specify either the streets which form the boundary of the area or a BCU or divisional boundary within the constabulary area. If the area designated is covered by more than one constabulary, an 9

10 authority must be obtained from an officer in each of the constabulary areas affected. NB Paragraph 13 of the notes for guidance to Code A of the Codes of Practice to PACE 1984 provide examples of factors which the authorising officer may take into account when determining the geographical area. Extent of Power With the authority in place, it allows the stopping and searching of pedestrians, vehicles (which includes caravans, aircraft, ships and hovercraft) its driver and passengers for offensive weapons or dangerous instruments. In the exercise of these powers, a constable may stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind. The lack of a requirement for any grounds to suspect is a significant difference between this power and general powers of stop and search under PACE The powers under Section 60 are in addition to and not in derogation of any power otherwise conferred, such as PACE If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it. There is also the power to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity under Section 60AA Criminal Justice and Public Order Act 1994, when an 10

11 authorisation under Section 60 is in place, though a separate authorisation under Section 60AA may be given, which will be covered separately below. Steps to be taken prior to a Search Refresh your memory using LPG1_2_02 Section 1 PACE 1984 student notes to refresh your memory of what you must do for a section 1 PACE stop and search. The only differences for action you intend to take under section 60 are that you must also give a clear explanation of the following: the nature of the power the authorisation the fact that authorisation has been given Record of Search It is important for monitoring purposes to specify that the authority to exercise the stop and search powers was given under Section 60 of the Criminal Justice and Public Order Act Powers to Require Removal of Disguises Section 60AA Criminal Justice and Public Order Act 1994 (1) Where: (a) an authorisation under section 60 is for the time being in force in relation to any locality for any period, or (b) an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period, 11

12 those powers shall be exercisable at any place in that locality at any time in that period. (2) This subsection confers power on any constable in uniform: (a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity; (b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose. (3) If a police officer of or above the rank of inspector reasonably believes: (a) that activities may take place in any locality in his police area that are likely (if they take place) to involve the commission of offences, and (b) that it is expedient, in order to prevent or control the activities, to give an authorisation under this subsection, he may give an authorisation that the powers conferred by this section shall be exercisable at any place within that locality for a specified period not exceeding twenty four hours. There is no power to stop and search for disguises or face coverings. It is also important to remember that many people customarily cover their heads or faces for religious reasons - for example, Muslim women, Sikh men, Sikh or Hindu women, or Rastafarian men or women. A police officer cannot order the removal of a head or face covering 12

13 under this section except where there is reason to believe that the item is being worn by the individual wholly or mainly for the purpose of concealing identity, not simply because it disguises identity. Where there may be religious sensitivities about ordering the removal of such an item, the officer should permit the item to be removed out of public view. Where practicable, the item should be removed in the presence of an officer of the same sex as the person and out of sight of anyone of the opposite sex. Offences under Section 60 and 60AA Fail to Stop Individual Failure to stop for the purposes of a search under this Act is a summary offence which carries a power of arrest police only. Fail to Stop Vehicle Failure to stop a vehicle for the purposes of a search under this Act is a summary offence which carries a power of arrest under Section 60(7) police only. Carrying Dangerous Instruments or Offensive Weapons If, during the course of a search, such items are found in the possession of an individual, they may be dealt with under the appropriate legislation regarding offensive weapons or sharp or pointed articles. NB The procedure to be followed in relation to retention and disposal of items seized under Section 60 is set out in the Police (Retention and Disposal of Items Seized) Regulations 2002 (SI 2002/1372). 13

14 Failing to Comply with Requirement to Remove Items Contrary to section 60AA (7) of the Criminal Justice and Public Order Act Triable Summarily powers of arrest constable only. A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable. The offence is absolute they either removed the item and complied, or did not and committed the offence. It must be shown, however, that (a) the requirement was made and understood (b) it was made by a police officer in uniform (c) who was exercising powers authorised under section 60 or section 60AA (d) in the reasonable belief that the person was wearing the item wholly or mainly for the purposes of concealing his or her identity 14

15 Knowledge Check 1. Outline the circumstances that must exist before authority to stop and search individuals under section 60 of the Criminal Justice and Public Order Act 1994 can be given 2. State who can give such authority, the manner in which it must be given and the timescale involved 3. Outline how this authority can be extended and for how long 4. Explain the limits of police powers associated with the authority given under section 60 of the Act 5. Summarise the offences and any police powers of arrest under Sections 60 and 60AA of the Act 15

16 Knowledge Check Answers 1. Outline the circumstances that must exist before authority to stop and search individuals under section 60 of the Criminal Justice and Public Order Act 1994 can be given A police officer of or above the rank of inspector must reasonably believe: (a) that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence, (aa) that (i) an incident involving serious violence has taken place in England and Wales in his police area; (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; or, (b) that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason. 2. State who can give such authority, the manner in which it must be given and the timescale involved A police officer of or above the rank of inspector may give an authorisation that the powers conferred by this section shall be exercisable at any place within that locality for a specific period not exceeding 24 hours. 16

17 The legislation quotes 24 hours but in actuality this is the maximum period the order should last only as long as necessary, up to the maximum of 24 hours. The authorisation must be in writing and must set out the grounds, locality and period of operation. If an inspector gives the authorisation he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed 3. Outline how this authority can be extended and for how long If an officer of or above the rank of superintendent considers that having regard to offences that have been, or are reasonably believed to have been committed in connection with any activity falling within the authorisation, and it is expedient to do so, they may authorise the continuation of the authorisation for a further period up to 24 hours. An authorisation to extend the period authorised may only be given once, so if further extension is required, a new authorisation has to be made. Such a direction must also be given in writing at the time or as soon as practicable afterwards. 4. Explain the limits of police powers associated with the authority given under section 60 of the Act The authorising officer determines the appropriate minimum time considered necessary, and must also make the geographical parameters no wider than necessary for the purpose of preventing anticipated violence, the carrying of knives or offensive weapons or acts of terrorism. It is for the authorising officer to determine the geographical area in which the use of the powers is to be authorised. The officer should not set a geographical area which is wider than that he or she believes necessary for the purpose of the authorisation. It is particularly important that constables exercising such powers are fully aware of where they may be used. If the area specified is smaller than the whole constabulary area, the authorising 17

18 office should specify either the streets which form the boundary of the area or a divisional boundary within the constabulary area. If the area designated is covered by more than one constabulary, an authority must be obtained from an officer in each of the constabulary areas affected. 5. Summarise the offences and any police powers of arrest under Section 60 and 60AA of the Act a) Fail to Stop Individual b) Fail to Stop Vehicle c) Failing to Comply with Requirement to Remove Items The above three offences are summary offences and have a police only power of arrest a) Carrying Dangerous Instruments or Offensive Weapons if items found then deal as for offence of possessing offensive weapons or bladed article. b) Failure to Comply with a Search no specific powers but consider obstructing police powers and whether the actions of the individual concerned create sufficient suspicion so that the officer concerned may be able to revert to section 1 PACE powers. 18

LPG Section 1 Criminal Attempts Act 1981

LPG Section 1 Criminal Attempts Act 1981 LPG1.1.06 Section 1 Criminal Attempts Act 1981 Student Notes Version 1.06 The NPIA is operating as the Central Authority for the design and implementation of Initial Police Learning for Home Office forces