POLICE POWERS 1•Introduction and Scope of Lectures

•Background to the Police and Criminal Evidence Act 1984 (PACE)

•The ‘Confait’ Case (Lattimore (1975) 62 Cr App R 53)

•Swamp 81 and the Scarman Report

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• Ethos of PACE - “balance" between the needs of the police and the liberty of the individual.

• Statutory Scheme – Importance of the Codes of Practice

• Stop and Search also covered by s.60 Criminal Justice and Public Order Act 1994 and s.44 Terrorism Act 2000.

• Note codification of powers in PACE.

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• Stop and Search under PACE

• The power can only be exercised in a public place (s.1(1))

• Note the exception in s.1(4)

• The power can be exercised only on restricted grounds (s.1(2)). Note the extension under s.1(2) Criminal Justice Act 2003.

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• Note the necessity for "Reasonable Suspicion" (s.1(3))

• What is "Reasonable Suspicion" ? See COP A. paras 2.1 –2.11.

• What cannot amount to "Reasonable Suspicion" ?

• What is the position in regard to ‘consensual searches’? See COP A para 1.5.

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• Certain procedural formalities must be executed before a stop and search can be carried out. (s.2 and COP A para 3.8)

• Failure to follow procedural rules renders the stop and search unlawful - Osman v Southwark Crown Court [1999] EWHC 622 (Admin) , Bonner v. DPP [2004] EWHC 2415 (Admin).

• The extent of the search is limited (s.2(9) and COP A para 3.5)

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• There is a further restriction where the reasonable suspicion is based on a specific factor. (COP A para 3.3)

• There is a DUTY to make a written record of the stop and search – (s.3(1) and COP A paras. 4.1- 4.10)

• The record must show certain things. (s.3(6) and COP A para 4.3)

• Purpose of the Record and seizure power (s.1(6))

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• Is Article 5 ECHR engaged by stop and search powers?- note the obiter comments in the Court of Appeal in R (on the application of Gillan and anr) v. MPC [2004] EWCA Civ 1067

•  What additional powers are available? See s.60 Criminal Justice and Public Order Act 1994 and s.44 Terrorism Act 2000.

• Do these powers ‘balance’ need for police powers and liberty? See Gillan above.

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• What are the dangers in overuse or discriminatory use of the powers (see Macpherson 1999)

• Does the PACE power strike the balance?

• Conclusion