1. G151 English Legal System Miss Hart 2011-12 Week AEnglish Legal System Police Powers [1]: Stop & Search
2. First things first...Why do we need the police? 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? Why might we need to have limitations on the powers of the police? Given this, what do you think the purpose of the police is?
3. Is this legal? 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.
4. A key issue when looking at the powers of the police:Do the powers adequately balance the need to protect the public and investigate crime with the need to protect the rights of the suspect?
8. Statutory PowersPolice and Criminal Evidence Act 1984 s.1 Where? “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 What? What grounds? What for?
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11. What about my human rights? What if the police find something? What if the police don’t do this? Osman v DPP Some other things... Do I have to remove my hood?
12. 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 anywhere if they have reasonable suspicion that they are committing a crime. They may use any force they like and must give their name, station and the reason for the search. In addition, the suspect can only be asked to remove their gloves. Under common law powers, the police can stop and ask questions of anyone, but the member of the public can refuse rudely. In addition, they should only touch the person’s shoulder to get their attention. The key statute on stop and search is PACE 1984, which says that they can stop and search a member of the public in a public place if they have reasonable suspicion that they are carrying items to do with a crime, criminal damage or professional fireworks. They may use reasonable force they like and must give their name, station and the reason for the search. In addition, the suspect can only be asked to remove their gloves coat and jacket. Under common law powers, the police can stop and ask questions of anyone, but the member of the public can refuse politely. In addition, they should only touch the person’s shoulder to get their attention.
13. 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
14. Objective or Subjective? Which approach would bring better protection for the suspect? Which approach might make the protection of the public easier?
15. Other Powers to Stop and Search Criminal Justice and Public Order Act 1994 s.60 Terrorism Act 2000 s.47a in anticipation of terrorism in anticipation of violence Misuse of Drugs Act 1971 s.23 Possession of controlled substances
16. So, now you know the law... Is it legal? 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.
17. Across 3. Key statute covering the powers of the police to stop and search (4) 4. One of the reasons which may not be enough under code A to S&S(8) 7. One of the grounds under which the police may not stop and search alone (4) 8. One of the things which may be stopped and searched (7) 9. Case confirming that the police must give their name, station and reason (5) 10. You may remove these items if asked (6) 12. ... v Cox. Case which establishes that you can't be obnoxious if asked a questions! (8) 13. Type of force which the police may use to stop and search (10) 14. Type of record which should be given to the suspect (7) Down 1. Initials of an act which gives the police more powers to stop and search (5) 2. Type of substance which may be searched for under the Misuse of Drugs Act 1971 (10) 3. Type of area where a suspect may be stop and searched (6) 5. Act which has recently been reformed to improve(!)the protections for stop and search (9) 6. One of the things which may be stopped and searched for (bang!!) (9) 11. Right which was the subject of a successful challenge to the old terrorism stop and search powers (7) Challenge: In your tables, complete the crossword
23. Do you agree that the changes were necessary?Warning: Copying and Pasting will lead to extra law! It’s called plagiarism
24. Evaluation [AO2]:Do the powers do what they set up to do? Read through the articles on stop and search included at the back of the handout. Can you find the answers in the articles? You can use the highlighters if you wish, but don’t highlight the whole thing! How many stop and searches are there each year (approximately)? Have the changes to the terrorism search laws had an impact on the use of stop and search? What effect? 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? Summarise the operation of s.60 to PACE. What do you notice about who is stopped and searched and why might this be? What do you notice about the relation between stop and search and arrest? What might this reveal about the way the police use stop and search?
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26. Part A is always marked for AO1 (description and detail)
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