1. G151 English Legal SystemMiss Hart 2012-13 Week A English Legal System Police Powers : Stop & Search
2. IntroductionAre these lawful? Task: With the person next to you, look at the following scenarios and decide whether or not you think they are lawful... Extension: Using the information you know... Can you identify at least five safeguards on the police’s power to stop and search?
3. Peer Mark:Were you right? Swap your answer with the pair to the left. Watch the following extract and mark the answers on the basis of what you see!
4. Make Your Notes!At AS Law there are two skills which receive marks... And you might as well start practising them now! Using all you have learnt so far, complete p.1 of your handout. This is the knowledge... AO1 What is the law? What are the limits on the police’s powers? Why might we need to have limitations on the powers of AO2 This is the evaluation & analysis... Does the law do what it should? the police? Why do we have it? Why do you think that the police need powers to stop and search people on the streets?
5. Common Law PowersMeans? Rice v Connolly Ricketts v Cox Kenlin v Gardiner You can refuse... But you can’t... And they may not...
6. Statutory Powers Police and Criminal Evidence Act 1984 s.1 Where? “The police may stop and What? 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”What for? What s.1 PACE 1984 grounds?
7. Can you volunteer for a search? Can a PSCO stop and search you? • Under PACE it depends on the area! • They can under s.60 CJPOA and Terrorism Laws • They can also confiscate drink etc.
8. Objective or Subjective? Which approach would bring better protection for the suspect? Which approach might make the protection of the public easier?
9. Guidance on Using These codes are guidance on how the police should carry out their duties.Stop and Search: For stop and search... They explain what is meant byCode A reasonable suspicion The complete code is available here if you want it!
10. Other safeguards? Who are we safeguarding? SAFEGUARD PROTECTS INDIVIDUAL RIGHTS BY... ISSUES WITH THIS?The police musttell you..They can only askyou to remove...They may onlyuse...They must giveyou...If they are in plainclothes...s.2 of PACE saysthat they S&Sshould be carriedout with...
11. What if the police What about my find something? human rights? What if the police don’t do this? Osman v DPP Some other things... Do I have to remove my hood?
12. How well did you understand? Select one safeguard and discuss whether it is really A effective in protecting the rights of the individual. B Explain what is meant by reasonable suspicion under Code A C Describe what the police can stop and search for under PACE (as amended) D Explain what is meant by a public place under the act Identify the main statute covering the powers of the E police to stop and search
13. Check the learning!Can you spot the mistakes? The key statute on stop and search is PACE 1984, 1984, which says that they can stop WALKwhich says that they can stop and search a member of the the public and search a member of public in a public place if they have reasonable suspicion that anywhere if they have reasonable suspicion they are are committing a crime. that theycarrying items to do with a crime, criminal damage or professional fireworks. Under common law powers, the police can stop and ask questions of anyone, but the Under common public can refuse rudely. member of the law powers, the police canIn stop and they should only touch the addition, ask questions of anyone, but the member shoulder to get their attention. person’s of the public can refuse politely. In addition, they should only touch the person’s shoulder to get their attention.
14. Check your understanding!What other safeguards do you have? Below are 10 safeguards... only six of which are true...Only remove coat Must be tape Treat with respect and recorded courtesy Written report Escorted home Warrant card should be shown Must be done byReasonable force officer of the same gender Right to have someone present Reason for the search when it happens
15. Other Powers to Stop and SearchCriminal Justice and Public Order Act Terrorism Act 2000 s.47a 1994 s.60 in anticipation of terrorism in anticipation of violence Misuse of Drugs Act 1971 s.23 Possession of controlled substances
16. ProblemJane, 17, is walking along Dunstable High Street withthree cans of spray paint in her hands. Have you got it?Sam, 16, is running through the park on the way to amarch against tuition fees. He has a large bag with him. You’ve met these guys before... but now you are goingPC Blue stops him. to explain why they are lawful stop and searches or not, but applying the law to reach a clear conclusion. We’llJames is in his front garden when PC Blue enters and do the first one between us!searches him for items to do with criminal damage.Susan, who has been arrested by PC Blue for drug Example: Bob, a 27 year old chef, is walking homepossession before, is stopped by him on the way back with his knives in his hand. PC Blue stopsfrom ASDA with a shopping bag in her hand. him.Louis, 19, is walking through the centre of town at 3 amon Saturday. He has his hoodie up when he is stopped byPC Blue.Dave, 36, is stopped by PC Blue and asked to remove hiscoat and jumper so that PC Blue can check that there isnothing hidden.Kyle is stopped. After searching his pockets, PC Blueasks to look through his bag, which he refuses. PC Bluetakes it anyway, and searches through it.Lewis is playing Santa Claus this year. He is stopped by All of you will be able to identify if it is lawfulPC Blue concerned at reports of Santa Claus robbers in or notDunstable and told to remove the hat and beard. Most of you will be able to explain why.Steven is asked by PC Blue why he is standing outside aschool with a bag. He refuses to answer or give his Some of you will be able to refer to legalname and address when he is searched. evidence to support your conclusion
17. So, now you Issue Law Applicationknow the law... Is it legal? Malcolm is running down a busy street with a largebag. He is trying to catch a train in order to get to a concert on time. He isstopped by a police officer who identifies himself asPC Newman. He is asked to remove his shoes and hisbag is searched. As nothingis found, Malcolm is told he can go.
18. Challenge: Across 3. Key statute covering the powers of the police to stop and search (4) 4. One of the reasons which may not be enoughComplete the crossword 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 cant 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)
19. End of Unit Assessment January 2010This is an typical question from the exam paper. There are some basic things you need to beaware of before we look at how to answer them: It is a mark a minute Part A is always marked for AO1 (description and detail) Part B is always marked for AO2 (evaluation and discussion)
20. Some points to consider:Detailed knowledge is key!Aim for 6 points to structureyour answerYou can use subheadings ifyou want.Where possible, givesupporting reference to casesor statutes. Which six areas would you write about inUse the correct legal terms. responding to the question?Define your terms in theintroduction.
21. IntroductionMain Subheading Means Explanation Examples or Origins…Conclusion
22. IntroductionMain Subheading Key information... Examples or Origins… Extra information....Conclusion
23. You now have 20 minutes to writeup your response in the assessment book. You can only use the plan! You have five minutes to prepare
24. Can you spot the mistakes?The key statute on stop and search is WALK1984, which says that they can stop and search aa PACE 1984, which says that they can stop and searchmember of the public anywhere if theyif theyreasonable suspicion that they are committing a in a public place have have reasonable suspicion that they arecarryingcrime. items to do with a crime, criminal damage or professional fireworks.Reasonable suspicion comes from Code Z and states that they can use race, age or or A and states that they can not use race, ageappearance in deciding whether or notor not to search a suspect.should have supporting alone in deciding whether to search a suspect. They They should havesupporting intelligence, or behaviour and this is judged – from the point the point of view ofintelligence, or behaviour and this is judged subjectivelyobjectively – fromof view of thethe reasonable man.reasonable man.They may use any force they like andlike and must give theirstation and theand the for the for reasonable force they must give their name, name, station reason reasonthe search. In addition, suspect can only be be asked to remove their gloves coat and jacket.search. In addition, the the suspect can onlyasked to remove their gloves.Under common law powers, the police can stop and ask questions of anyone, but themember of the public can refuse rudely. In addition, they should only touch the person’s politely. In addition, they should only touch the person’sshoulder to get their attention.They can also stop and search under s.60 SOCPA 1994 which says that they can search “in CJPOA 2005 which says that they can search “inanticipation of terrorism”.This is for aaspecific area and should last no longer than 24 hours. violence”. This is for specific area and should last no longer than 48 hours.Within that area, the police may stop and search people without reasonable suspicion.
25. 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!1. 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?2. What issues are raised by the use of powers under s.60?3. Using the information you have read, do you think that s.60 is currently correctly applied?4. 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?
26. Some points to consider: “Code A makes sure that the rights of the individual are protected by No lists ensuring that a suspect will not be stop and searched withoutAim for three well independent evidence or facts.”discussed points (a fourthfor luck!)Ensure you include aclear conclusion Is it a:Address all aspects ofthe question Point Developed pointUse the words of the Well developed pointquestion! Very well developed point
27. IntroductionPoint Reason... And... (development) However... because This protects individual rights by Code A ensuring that a suspect will not be stop and searched without independent evidence or facts.”…In conclusion:
28. IntroductionPoint Reason... And... (development) However... because This protects individual rights by Code A ensuring that a suspect will not be stop and searched without independent evidence or facts.”…In conclusion:
29. You now have 15 minutes to writeup your response in the assessment book. You can only use the plan! You have five minutes to prepare
30. Swap and try to mark it! PART B Mark Scheme Highlight the level you think your work has hit This is slightly different My Assessment:0 Any statements or ‘bald points’ A = something you have done amazingly1 Point + reason =12 Point + reason + illustration/more detail – 2 B= something that could Point + reason + illustration/more detail + be better3 contradiction – 34 Point + reason + illustration/more detail + contradiction + illustration/more detail – 4 C = how confident are you in the skills requiredAdd up the total points. to be successful in the question.But: Can not get above 7 without at least one 3 pointdiscussion.
31. Plenary: On the whiteboards, what’s the most important thing you’ve learnt?If I am stopped and searched, I will...If I am stopped and searched, I will not...