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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
- 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)
- 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: