The document discusses police stop and search powers in the UK. It outlines that police powers to stop and search individuals come from the Police and Criminal Evidence Act 1984 but other statutes also provide these powers to prevent and detect crime. It notes that reasonable suspicion based on objective facts is required for searches and outlines factors like race, age or appearance that cannot be used alone as grounds for suspicion. The document also discusses voluntary searches, powers to question individuals, case law on refusing to answer questions, recording of stops, and safeguards around providing name/reason for the search.

1. Stop and search The power of the police to stop and search individuals is fundamental to their ability to do their job — namely to prevent and detect crime. The use of this power also necessitates intrusion into the rights of individuals to conduct their lives without interruption. As such, a balance must be struck between allowing the police to carry out their role effectively while simultaneously protecting the rights of individuals.

5. Section 1 PACE The power to search an individual also comes under s.1 of PACE and is supplemented by Code A . Code A states that powers to stop and search must be used fairly, with respect and without discrimination.

6. Search A search occurs when the police stop individuals and search either them, their clothes or anything that they are carrying.

8. Powers to stop and question The police may question individuals, but those individuals are entirely free to decline to answer unless arrested.

9. Rice v Connolly (1966) A member of the public was considered to be behaving suspiciously in an area where several burglaries had occurred. The police questioned the individual, but he refused to answer. His conviction for obstructing a police officer in the execution of his duty was quashed, and it was confirmed that members of the public are not under any obligation to answer questions.

10. Ricketts v Cox (1982) The police asked an individual questions about an assault. He was hostile and used abusive language. Magistrates decided that he was guilty of obstruction . Thus, there appears to be a thin line between lawfully refusing to answer questions and obstructing the police, based on whether or not the refusal is accompanied by hostility.

11. The recording of stops Following recommendation 61 of the Stephen Lawrence Inquiry report, under PACE Code A, when an officer requests that a person in a public place account for his or her presence, behaviour or possession of anything, a record must be made of this and a copy given to the person questioned. The record must include the date, time, place, reason why the person was questioned, the individual’s definition of his or her ethnicity and the outcome. A record need not be made if the police are asking for general information, looking for witnesses or giving directions.