S&S 2013


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S&S 2013

  1. 1. Police Powers [1]: Stop & Search G151 English Legal System Miss Hart 2013
  2. 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. 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. 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. 5. Can you volunteer for a search?
  6. 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. 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. 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. 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. 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. 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. 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. 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. 14. Consolidation: Is your AO1 secure?
  15. 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. 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. 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. 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. 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. 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. 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. 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. 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.