1. Police Powers [1]:
Stop & Search
G151 English Legal System
Miss Hart 2013

2. Starter:
Are these lawful?
All of you need to work with the person next to you decide whether or not you think the stop and search is
lawful.
Most of you will be able to explain why you have reached that conclusion.
Some of you will be able to use your deductions to work out three general rules covering stop and search.

3. Why have these powers?
Reasons to give the police the
power to stop and search
Reasons to limit the police’s
power to stop and search

4. The main statutory power…
Police and Criminal Evidence Act 1984 s.1
“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”
s.1 PACE 1984
Where?
What?
What for? What
grounds?

5. Can you volunteer for a
search?

6. Are these lawful?
Can you apply the law?
Seb’s bag is searched as they think he has a weapon on him.
PC Blue searched Jim is the car park of the Sugar loaf, as he thinks he has
fireworks on him.
PC Blue has to complete 8 stop and searches by the end of his shift, so he
searches Steph.
Susie is stopped and searched as PC Blue thinks she is about to shoplift.

7. Starter:
Can you spot the mistakes?
The key statute on stop and search is WALK
1984, which says that they can stop and search
a member of the public or dog anywhere if
they have some kind of suspicion that they are
committing a crime.
They can search you for fireworks under the
Criminal Justice Act 2003. You can volunteer
for a search, if they have grounds but you
don‟t have to talk to them. The can search
your car, your bag or you.
The key statute on stop and search is PACE
1984, which says that they can stop and search
a member of the public or dog in a public place
if they have reasonable suspicion that they
have prohibited or stolen items.
They can search you for items to do with
criminal damage under the Criminal Justice Act
2003. You can volunteer for a search, if they
have grounds but you don‟t have to talk to
them. The can search your vehicle, your
bag, your pockets or you.

8. Introduction:
Objective or Subjective?
 Which approach would bring better protection for the suspect?
 Which approach might make the protection of the public easier?
Thinking….

9. Guidance on Using
Stop and Search:
Code A
These codes are guidance on how the police should carry out their duties.
For stop and search... They explain what is meant by
reasonable suspicion
The complete code is available here if you want it!
“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."
What may not be enough to justify a
stop and search on its own?
When might these factors be enough
to S&S?
Thinking: When might it be legal to S&S someone on the basis of clothing or
hairstyle?
What must they have to justify
reasonable suspicion?
What problem do you think this
section was designed to
address?

10. Check your understanding!
What other safeguards do you have?
Below are 10 safeguards... only six of which are true...
Written report Escorted home
Only remove coat
Must be done by
officer of the same
gender
Treat with respect and
courtesy
Reason for the search
Reasonable force
Must be tape
recorded
Right to have
someone present
when it happens
Warrant card should
be shown

11. Safeguards on the powers of the
police
Safeguard From? Protects individual rights by... Is it effective? Why?
The police must tell you..
Osman v DPP
They can only ask you to
remove...
They may only use... s.117 PACE 1984
Kenlin v
Gardiner
They must give you...
If they are in plain clothes...
The S&S should be carried out
with...
Consolidating your knowledge:
Which of these do you consider the most important safeguard on
the powers of the police and why?

12. What if the police
find something?
Do I have to
remove my
hood?
…or my shoes?
What if the police don’t adhere to the
safeguards?
Some other considerations…

13. Other Powers to Stop and Search
Criminal Justice and Public Order Act
1994 s.60
in anticipation of violence
Misuse of Drugs Act 1971 s.23
Possession of controlled substances
Terrorism Act 2000 s.47a
in anticipation of terrorism

14. Consolidation:
Is your AO1 secure?

15. Applying the law:
Have you got it?
You’ve met these guys before... but now you are going
to explain why they are lawful stop and searches or not,
but applying the law to reach a clear conclusion. We’ll
do the first one between us!
Example: Bob, a 27 year old chef, is walking home
with his knives in his hand. PC Blue stops
him.
All of you will be able to identify if it is lawful or
not
Most of you will be able to explain why.
Some of you will be able to refer to legal
evidence to support your conclusion
Problem
Jane, 17, is walking along Dunstable High Street with
three cans of spray paint in her hands. PC Blue stops
her and searches her pockets and bag.
James is in his front garden when PC Blue enters and
searches him for items to do with criminal damage.
Susan, who has been arrested by PC Blue for drug
possession before, is stopped by him on the way
back from ASDA with a shopping bag in her hand.
Dave, 36, is stopped by PC Blue and asked to
remove his coat and jumper so that PC Blue can
check that there is nothing hidden, as he thinks he
may have a gun on him.
Lewis is playing Santa Claus this year. He is stopped
by PC Blue concerned at reports of Santa Claus
robbers in Dunstable and told to remove the hat
and beard.

16. Got the powers?
Can you complete the dominos?
Lollipop Level: Use your brains! No help!
Sticker satisfactory: Use the notes to help you
recap
Too easy? Can you work out what is missing and
how it links to the numbers 9 7 43 and
2013?

17. Why we need to check you know your stuff?
Because you are going to plan the answer
the following question…
Describe the powers of the police to stop and search a person on the street. [18]
What do you want to know about how to
answer this question?.

18. Can you pick anything up from the
examiner?
This was a popular question. Many
responses demonstrated excellent
subject knowledge in this area. Better
responses elaborated on public place,
reasonable grounds and provided
detailed information on powers under
legislation other than PACE and very
many gained level 4 marks. Stop and
search is a much liked area for
candidates, however whilst most can tell
you that police must have reasonable
grounds, accurate responses as to what
those grounds actually consist of vary.
The weaker responses gave only a brief
explanation of PACE and then listed lots
of other Acts which gave the police more
powers but again failed to elaborate or
were confused..

19. And why have I been applying the law?
Because you are going to answer the
following question…
Malcolm is running down a busy street with a large bag. He is
trying to catch a train in order to get to a concert on time. He is
stopped by a police officer who identifies himself as PC
Newman. He is asked to remove his shoes and his bag is
searched. As nothing is found, Malcolm is told he can go.
Advise Malcolm on whether the police acted lawfully with
regards to the stop and search. [12]
But you’ll get a little more help with planning this one!
Stage One:
Highlight and
annotate
Stage Two:
Order your
thoughts
Stage One:
Make sure you
have the law to
back you up
Stage One:
Conclude and
write up

20. So does the current law on stop and search actually work?
Evaluating the law
At the back of your handout are a range of articles about the
operation of the law on stop and search.
All of you need to be able to use evidence from what you have read to
decide whether the police use PACE effectively.
Most of you will be able to explain whether the McPherson Report has had a
real impact on the use of stop and search.
Some of you should be able to compare the use of PACE, the Terrorism Act
and s.60 orders. Which do you think is the most effective and why? Do the
laws actually work?

21. Telling the government what we
think...
Working in your tables, you are going to compose your
response to the government’s consultation paper.
 Support your conclusion with reference to what your have
learnt in this unit.
Use the information in this paper to add to your own notes
on stop and search in the booklet.
 Use your understanding of the law to decide your groups’
opinion.
Remember:
We’ll be sending these off to Theresa today!
Wanna change the law? You’ve got to get involved!!!

22. Homework:
Write up your responses to the
stop and searches answers, which
you have planned in class.
Due:
12B Thursday 26th November 2013
12A Friday 27th November 2013
Reminder:
IS due by 3.20
New challenge coming your way this
evening...

23. How well did you understand?
E
A
B
C
D
Select one safeguard and discuss whether it is really
effective in protecting the rights of the individual.
Explain what is meant by reasonable suspicion under
Code A
Describe what the police can stop and search for
under PACE (as amended)
Explain what is meant by a „public place‟ under the act
Identify the main statute covering the powers of the
police to stop and search.