Whether the rights of the individual are adequately balanced against the need for investigative powers.

Transcription

1 POLICE POWERS: STOP AND SEARCH By the end of this unit you should be able to: Describe when the police can stop and search public under PACE Explain the safeguards on these powers Describe some of the other statutory powers to stop and search You should also be able to evaluate: Whether the rights of the individual are adequately balanced against the need for investigative powers. Homework Law has no coursework, and as such, the homework is an important assessment tool to evaluate your progress in the subject. You are reminded that if homework is not handed in on time, you will have 24 hours to get it to your teacher; otherwise you will receive a U for your work, which may ultimately result in your withdrawal from the examination: 1. Complete the past exam question on powers to Stop and Search. End of Unit Assessment: You will be assessed through a DRAG test on the whole of police powers, once we have looked at arrest and detention as well (this will make more sense later!). You will also answer a previous exam question for homework (but we will plan it first as a class). (a) Describe the powers of the police to stop and search a person on the street. [18] (a) Luke is running through a park, where an anti-war protest is taking place. He is trying to get to a football match on time. He is carrying a sports bag. Two police officers stop him and ask to search him and his bag. Explain to Luke whether the police have the power to stop and search him in this situation. [9] 1

2 POLICE POWERS: STOP AND SEARCH. Ok, so before we begin, why do you think that the police need powers to stop and search people on the streets? Why is it not enough that they can arrest people? Given this, what do you think the purpose of the police is? Now, why might we need to have limitations on the powers of the police? MISCARRIAGES OF JUSTICE... CHANGING THE LAW After the Birmingham Six, the government set up a Royal Commission to look at the powers of the police, and suggest ways that the rights of the individual suspect might also be preserved. As a result, the Police and Criminal Evidence Act 1984 *KEY STATUTE* was passed. Its aim was to provide guidance on when the police could take action, and what they could and couldn t do. Where can they search What can they search? Ok, let s start with what you know! How can they conduct the search? Who can they search 2

3 Common Law Powers Common law means law created by Rice v Connolly Ricketts v Cox Kenlin v Gardiner THE POWERS... Stop and search is governed mainly by section just add a little more detail!) and code of PACE (although ss.2-7 are also relevant they. Where? What can they search? The police may stop and search a member of the public in a public place, where they have reasonable suspicion that the suspect or their vehicle contains stolen or prohibited articles What can they search for? What must they have? What safeguards are there on the power of the police? 3

4 THERE ARE ALSO A NUMBER OF OTHER SAFEGUARDS BUILT INTO THE ACT: The Police must tell you... They can only ask you to remove... They may only use... They must give you... If they are in plain clothes... What if the police find something? Well, the police can seize the items, and may chose to arrest, warn, fine etc. as well. What if the police don t do this? Well, following the case of Osman v DPP (1999), where the police did not tell D their name or station, the courts made it clear that if they don t tell this it would be an illegal search... Article 5 (Right to Liberty) under the Human Rights Act 1998 What about if I volunteer for a search? 4

5 CODE A As well as the sections of the Act, there are a number of Codes of Practice (incorporated under s.66 of PACE) which give the police guidance on how to exercise their power. These are not legally binding, but the police would face disciplinary action if they breached them. These have been (slightly) amended in 2003 and 2008 The one that you need to know is Code A if you want to read it in full, the link is below. Which appearance factors cannot be taken into account on their own? What do they need to stop and search? What is meant by reasonable suspicion? Reasonable suspicion can never be supported on the basis of personal factors alone without supporting intelligence or some specific behaviour by the person concerned. For example, a person s race, age, hairstyle appearance, or the fact that he is known to have a previous conviction cannot be used alone or in combination with each other as the sole basis on which to search that person.." When might these factors be enough to S&S? When might it be legal to S&S someone on the basis of clothing? This means that the test for reasonable suspicion is OBJECTIVE. This means: 5

6 OTHER POWERS TO STOP AND SEARCH? Some other statutes contain other provisions which give the police the power to stop and search. Some of these are very, very broad! You must know these! 1. Criminal Justice and Public Order Act 1994 s.60 in anticipation of violence Authorised by a senior police officer who reasonably believes that serious violence will take place in that area. The police on the street can then stop and search anyone for any reason. Normally lasts only 24 hours s.60 (a)(a) allows the police to ask S to remove any item he reasonably believes to be concealing their identity 2. Misuse of Drugs Act 1971 s.23 S&S if the police reasonably believe that S has a controlled substance on them. 3. Terrorism Act 2000 s.44 This is the really scary one. The police, under this section, may stop and search any person or vehicle they believe is involved in terrorism. There is no reasonable requirement what the policeman thinks is fine. Does it work? Well, in 2002/3 over 21,000 people were stopped and searched under these powers only 1.7% were arrested, and only 18 of those were charge with terrorism or related offences! These are wider than the powers under PACE, as the police can also ask S to remove and. The senior policeman has to specify an area, and a time and date when this power will end - the Secretary ov State has to confirm this, or it will only last 48 hours. (Under a separate section of the act, if the police have reasonable suspicion that S is involved in terrorism, they may S&S.) STOP PRESS : these powers have been the subject of a number of court cases, and are currently under review. 6

7 EVALUATION OF THE LAW ON S&S As well as knowing what the law is, for AS you also need to be able to evaluate how the law currently works: Does it do what it sets out to? Student Task: Read through the articles on S&S included at the back of the handout. What problems can you see with the current rules on S&S? Some Specific Questions: 1. How many S&S are there each year (approximately)? 2. How many of those searches end in arrest? 3. Who is most likely to be S&S? In 1999 the MacPherson Report said that the Metropolitan Police were institutionally racist and suggested monitoring of ethnicity and reporting of statistics to address this: Has it worked? 4. How might we reduce S&S? Finally: What do you think? Using all of this information, do you think that the laws on S&S work? Why/ why not? 7

8 PROBLEM QUESTIONS & APPLICATION SKILLS Instead of an evaluation question, you may have to answer a problem question. These require that you take the law as you know it and apply it to a situation, to evaluate it. A) Oscar aged 16 is walking down a residential street at 2 o clock in the morning. He has with him a large holdall. The police officer recognises Oscar and knows that he has previous convictions for burglary. B) A police officer is told by a member of the public that Jenny has a knife in her pocket. Jenny is stopped when walking in a park at midday. 8