Stop and Search

Stop & Account

 

  •      The police and community support officers can stop an individual at any time and ask them questions. However, this does not mean the individual must stop and answer the questions.
  •      Section 50 of the Police Reform Act 2002

 

  •      If an individual is reasonably believed to be committing anti-social behaviour, the individual can be required to give their name and address to a PCSO in uniform.

 

  •      If an individual decides not to provide their details, they will be committing an offence and can be arrested.

 

Stop & Search

 

  1.      There is NO requirement for an individual to provide their personal details under any stop and search power.

Section 60 of the Criminal Justice and Public Order Act 1994

 

  •      This is a power given to PCSO’s to search individuals for weapons and blades.

 

s.1 of the Police and Criminal Evidence Act 1984

 

  •      The police must provide reasonable grounds to suspect an individual of carrying articles to use for burglary/theft, stolen goods, offensive weapons, bladed articles, items that may be used for criminal damage, or category 4 fireworks.

 

  •      If the police have reasonable grounds, they may search an individual.

 

 

s.23 of the Misuse of Drugs Act 1971

 

  •      The police can search an individual and their vehicle or vessel on reasonable suspicion of carrying drugs.

 

  •     However, before searching, the police office must tell you:

 

  • Their name and police station
  • What they expect to find e.g. drugs
  • The reason they want to search you e.g. if they believe you are hiding something
  • Why they are legally allowed to search you
  • That you can have a record of the search (or a copy)

 

Removing clothes

 

  • A police officer can request for you to remove your coat, jacket or gloves.

 

Police Power of Arrest

 

  • To make an arrest, the police must have reasonable grounds to suspect that the individual is involved in a crime for which the arrest is necessary.

 

Relevant case law:

 

Rice v Connolly (1966) 2 QB 414