Teaching notes on Police Powers (1)

1. Police Powers [1]:
Stop & Search
G151 English Legal System
Miss Hart 2014

2. Starter:
Are these lawful?
All of you need to 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 four general rules
covering stop and search.

3. Independent Study
Birmingham Six Stephen Lawrence Guildford Four Stefan Kisko
Do we really need to limit the powers of the police?
You have an hour to complete this (or more if you want to get started earlier!). I would
like you to produce between ½ side and a side in response to the question above. You will
need to include reference to at least two of the following cases in your argument. This
means that you will have to find out what happened in the case:

4. 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

5. 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?

6. How much force can they use to
get your attention?

7. Can you volunteer for a search?

8. 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.

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

10. 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?

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. Starter: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. What the police must be in to S&S you in
anticipation of violence (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. Your right to what limits the powers of the
police? (7)

16. 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.

18. Why did 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?.

19. Describe the powers of the police to stop and search a person on the street [18]
Intro:
Main Area/ Point/
Subheading
Means Evidence
e.g. statutes,
cases etc.
Explanation
Conclusion

21. 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..

22. 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
2012?

23. And why have I been applying the law?
Because you are going to answer the
following question…
(b) Luke is running through a park, where an anti-war protest is
taking place. He is trying to get to a football match on time. He
is carrying a sports bag. Two police officers stop him and ask to
search him and his bag.
Explain to Luke whether the police have the power to stop
and search him in this situation. [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

24. (b) Luke is running through a park, where an anti-war protest is taking place. He is trying to get to a
football match on time. He is carrying a sports bag. Two police officers stop him and ask to search him
and his bag.
Explain to Luke whether the police have the power to stop and search him in this situation. [12]
Point Application
Conclusion:

26. Homework:
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.
Read the articles and answer the questions on p.13 of the
handout.
There is an extended writing task at the bottom of the page
as well.
This will be due: 18th September 2014

27. 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.