Given under the Police & criminal evidence act

1984 (pace)

Stop and search Powers of arrest

Stop and Search powers give the police the
right to stop and search a person or a
vehicle in a public place.
Police can only stop and search someone if
they have reasonable basis to suspect that
the person is in possession of:
- Stolen goods
- Prohibited articles such as offensive
weapons and articles connected with
robbery
Public Place
Includes any roads, streets, public
squares, parks, public car parks and
even private gardens if the police officer
has reason to believe that the suspect
does not live there.
Safeguards
- Police officer must give name and
station and detail the reason for stop
and search
- The police officer must either be in
uniform or have the ability to produce
evidence showing they are a police
officer

Only items of clothing that a person

can be asked to remove in a public
place is a coat, jacket or gloves
Powers must be used fairly,

Police officers have the right to arrest in the

following circumstances (Section 24 of the act):

Anyone who is about to commit an

offence
Anyone who is in the act of committing
an offence
Anyone whom he has reasonable
grounds for suspecting to be about to
commit an offence
Anyone whom he has reasonable
grounds for suspecting to be committing
an offence

Necessity test
A police officer can arrest for the following
reasons:
Ascertain persons name and address
To prevent the person from:
- Causing physical injury to himself or
others
- Suffering physical injury
- Causing loss or damage to property
- Committing an offence against public
decency
- Causing an unlawful obstruction of the
highway
To protect a child or other vulnerable
person
To allow effective investigation of the
offence or conduct of person

Powers of
Powers of detention according to the
Code of Practice
are:
detention
- Normal maximum time of detention is
-

36 hours can be extended by

magistrates if an indictable offence
Custody officer must keep record of
detention and review regularly

Suspects rights
- To have someone informed of their
arrest
- To see a lawyer
- To be able to consult the Code of
Practice
Interviews
- Must be tape recorded
- Those under 17 or vulnerable must
have an appropriate adult present
such as a parent
- Person being interviewed can stay
silent
Searches
- Police can search arrested person at
time of arrest or at the police station
- Strip search can be made if necessary,
but only by someone of the same
gender