1. G151 English Legal System
Miss Hart 2012-13
Week A
English Legal System
Police Powers [1]:
Stop & Search

2. Introduction
Are 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 Powers
Means?
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 by
Code 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 must
tell you..
They can only ask
you to remove...
They may only
use...
They must give
you...
If they are in plain
clothes...
s.2 of PACE says
that they S&S
should be carried
out 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 by
Reasonable force officer of the same
gender
Right to have
someone present Reason for the search
when it happens

15. Other Powers to Stop and Search
Criminal 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. Problem
Jane, 17, is walking along Dunstable High Street with
three cans of spray paint in her hands.
Have you got it?
Sam, 16, is running through the park on the way to a
march against tuition fees. He has a large bag with him. You’ve met these guys before... but now you are going
PC Blue stops him. to explain why they are lawful stop and searches or not,
but applying the law to reach a clear conclusion. We’ll
James 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 home
possession before, is stopped by him on the way back with his knives in his hand. PC Blue stops
from ASDA with a shopping bag in her hand. him.
Louis, 19, is walking through the centre of town at 3 am
on Saturday. He has his hoodie up when he is stopped by
PC Blue.
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.
Kyle is stopped. After searching his pockets, PC Blue
asks to look through his bag, which he refuses. PC Blue
takes 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 lawful
PC Blue concerned at reports of Santa Claus robbers in or not
Dunstable 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 a
school with a bag. He refuses to answer or give his Some of you will be able to refer to legal
name and address when he is searched. evidence to support your conclusion

17. So, now you Issue Law Application
know the law...
Is it legal?
Malcolm is running down a
busy street with a large
bag. He is trying to catch a
train in order to get to a
concert on time. He is
stopped by a police officer
who identifies himself as
PC Newman. He is asked to
remove his shoes and his
bag is searched. As nothing
is 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 enough
Complete 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 can't 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 2010
This is an typical question from the exam paper. There are some basic things you need to be
aware 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 structure
your answer
You can use subheadings if
you want.
Where possible, give
supporting reference to cases
or statutes. Which six areas would
you write about in
Use the correct legal terms. responding to the
question?
Define your terms in the
introduction.

21. Introduction
Main Subheading Means Explanation Examples or
Origins…
Conclusion

22. Introduction
Main Subheading Key information... Examples or Origins… Extra information....
Conclusion

23. You now have 20 minutes to write
up 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 search
member of the public anywhere if theyif theyreasonable suspicion that they are committing a
in a public place have have reasonable suspicion that they are
carrying
crime. 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, age
appearance in deciding whether or notor not to search a suspect.should have supporting
alone in deciding whether to search a suspect. They They should have
supporting intelligence, or behaviour and this is judged – from the point the point of view of
intelligence, or behaviour and this is judged subjectivelyobjectively – fromof view of the
the 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 reason
the 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 the
member of the public can refuse rudely. In addition, they should only touch the person’s
politely. In addition, they should only touch the person’s
shoulder 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 “in
anticipation 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 without
Aim for three well independent evidence or facts.”
discussed points (a fourth
for luck!)
Ensure you include a
clear conclusion
Is it a:
Address all aspects of
the question Point
Developed point
Use the words of the Well developed point
question! Very well developed point

27. Introduction
Point 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. Introduction
Point 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 write
up 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 amazingly
1  Point + reason =1
2  Point + reason + illustration/more detail – 2
B= something that could
 Point + reason + illustration/more detail + be better
3
contradiction – 3
4  Point + reason + illustration/more detail +
contradiction + illustration/more detail – 4 C = how confident are
you in the skills required
Add up the total points. to be successful in the
question.
But: Can not get above 7 without at least one 3 point
discussion.

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...