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stop and search - Coggle Diagram
stop and search
safeguards
s 2 (9) PACE - can only be asked to remove outer coat , jacket and gloves in public
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s 2 PACE - the po po chatting out the stop and search must state their name station and the grounds for their search
additional powers
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suspects reasonable suspicion for involvement in terrorism . successfully challenged in Gillan and Quinton v the uk (2010).ECtHR ruled powers were breach of a 8 ECHR, bc they were so broad failed to safeguard against abuse. replaced by s47 a terrorism acts 2000 amended by ss59-62 go protection of freedoms act 2012
criminal justice and public order act 1994 - can stop and search anyone on an area where they reasonably believe serious violence may occur
police can authorise the stop and search of persons and vehicles in that area for up 24 hours
s 1 PACE 1984
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s.2 - officers follow correct procedure -5 things need to be raised - pc must identify themselves, their station and grounds for stop and search
rv bristol 2007 - failure to provide correct information resulted in stop and search being unlawful
police can stop and search persons or beeches in a public place or place ti which public can access provided there are reasonable grounds to suspect that they prohibited articles
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code practice A
must have reasonable suspicion - can never be based on personal factors alone such as race, age, sec , previous convictions or any other general stereotypes
PACE 1984
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s 18 – after an arrest, police can search premises occupied or controlled by the suspect if they reasonably believe there is evidence of this offence or other offences there.
s.8 police can seize and retain items covered by a warrent to prevent their being concealed , lost, altered or destroyed
s 32 – after an arrest, police can enter and search premises where person was when arrested or immediately before arrest if there is reasonable suspicion to believe there is evidence of the offence there.
s 19 – once lawfully on the premises, police may seize and retain any item that is evidence of a crime.
code B
Searches must be made at a reasonable time; only reasonable force can be used; and must show due consideration and courtesy to the property and privacy of the occupier.