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Police Stop and Search Powers – A brief guide

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The police have various powers to stop and search individuals. When misused a person may later be able to pursue a complaint and/or civil claim against the police for false imprisonment, assault or breach of their human rights.

The main police stop and search powers are as follows:

S1 Police and Criminal Evidence Act 1984

This power can be used to stop anyone in a public place. A police officer can stop, detain and search a person or vehicle or anything in the vehicle for stolen or prohibited items. The police officer must have reasonable suspicion for suspecting they will find a prohibited item.  This stop and search power is frequently used by the police.

S23 Misuse of Drugs Act

The police often search individuals suspected of carrying drugs. Like the power under s1 of PACE, the police have to show that they have reasonable suspicion to suspect that a person is in possession of a controlled drug.

NOTE:  The police officer conducting the search is required to create a search record recording the object of the search, the grounds for making it, the date, time and place of conduct of the search and whether anything was found.  This search record or receipt should be provided at the scene but can also be obtained by the individual at a local police station.

NOTE: A police officer can ask an individual to remove outer clothing when conducting a search. If the police officer wants to remove more than outer clothing the search must be conducted by a person of the same sex. If an individual is asked to remove religious clothing e.g. a veil or turban, this must be done out of public view.

‘Stop and account’

This occurs when a person is approached by a police officer and asked to account for their behaviour, presence or any items in their possession. There is no law that allows police officers to require a person to ‘stop and account’ and an individual is not obliged to cooperate with the police. However, refusal to provide information may form grounds for reasonable suspicion to stop and search an individual under the statutory powers described above.

S60 Criminal Justice and Public Order Act 1994

The police can stop and search any person or vehicle in a defined area within 24 hours without the need to establish reasonable suspicion. This power originally arose out of a need to tackle football hooliganism and is often used today to target low-level disorder, protests and knife crime.

Schedule 7 Terrorism Act 2000

The powers under the Terrorism Act allow ‘examining officers’ at ports and airports, to stop, question and detain individuals whom they suspect are involved in acts of terrorism, without the need for any reasonable suspicion.

Stopping motorists under the Road Traffic Act 1988

The police have the power to stop a vehicle for any reason and an individual will be committing a criminal offence if they fail to stop. A police officer can ask to see an individual’s driving licence, insurance documents or MOT certificate. If these documents are not provided at the time an individual must provide them to a police station within 7 days.

 

Taken from http://www.broudiejacksoncanter.co.uk/blog/2016/08/police-stop-and-search-powers-a-brief-guide

 

Institutional Racism Stretches From McKinney To The Met

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POLICING LONDON: The Met is the subject of a BBC documentary

BY NOW you will have seen the video of Texas police officers aggressively rounding up black teens at pool party to which they were invited.

Those that haven’t can watch the chilling incident here:

Watching the video evokes imagery of a slave master rounding up his unruly slaves.

This is perhaps unsurprising when you consider that today’s police force emerged from slave patrols, and has since failed to account for its institutional racism.

Much as slaves of the past committed no offence, the only ‘offence’ committed here was to have the audacity to accept a party invitation.

The video that shows Eric Casebold throwing a teenage girl to the ground, drawing his gun on unarmed black teenagers and hurling a tirade of profanities (all while the white teenagers seemed invisible), drew widespread criticism; criticism that has, accompanied by some flimsy excuses from his attorney, led to his resignation.

Those moving to celebrate this resignation as the serving of racial justice should recognise that this is a move that allows the officer to retain his pension and benefits.
More importantly, as the problem is framed as one of the individual and his bizarre Power Ranger-style barrel role, this is a resignation that should be seen as an attempt for the police force to retain its reputation.

This incident should be viewed in its larger transatlantic social context; that is, as another racist incident in an interminable line of police brutalities and disproportionality.

Earlier this week the first episode in the BBC’s documentary about The Met Police saw the commissioner acknowledge the racism in his force – a good start.

Unfortunately, the documentary failed to show any meaningful attempts at reform.
Showing a force obsessed with managing its public image on racism, rather than its actual endemic racism, did little to restore faith.

This was epitomised by the showing of the black Haringey Borough Commissioner Victor Olisa struggling, rather robotically, to empathise with the black community.

His concerns seemed to be primarily with the black community not accepting him, rather than the widely criticised Mark Duggan inquest verdict.

The show saw a black youth being fined for cannabis possession, the response to a report of a ‘Somali male with a gun’ that resulted in officers finding only some gardening shears in a bin; an all-white panel discussing issues of race; and Stephen Greenhalgh, the deputy mayor for policing and crime in London, disrespecting, rather than listening to, the well-known black activist Lee Jasper.

The commissioner, Bernard Hogan-Howe, was right to suggest that racism is a societal issue. Recent reports of calls to the police to report suspicious activities such as ‘walking whilst Black’ stand testament to this.

Hogan-Howe however needs not to use this to excuse his force, but to recognise the police’s central role in creating and maintaining these stereotypes of Black criminality.

As Cornell William Brooks, director of the National Association for the Advancement of Colored People (NAACP), said: “The resignation of Corporal Eric Casebolt is a good first step, but hardly the last.”

On both sides of the Atlantic, relations between the police and Black communities are at a considerable low. We need to continue to put pressure on the police for wholesale reform.

Remi Joseph-Salisbury is a PhD candidate at the University of Leeds with broad interests in race and racism, particularly in the UK and US

Know Your Rights Workshop

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‘KNOW YOUR RIGHTS’ WORKSHOP & BRIEFING

NORTHERN POLICE MONITORING PROJECT 

Intro

 

 

Stop & Search

General Points

 

 

The Power to Search

Being Searched

If The Police Find Something

After the Search

Breakdown of Search Procedure

 

Potential Offences

General Points

 

Being Moved Out Of An Area

Trespass

 

 

Aggravated Trespass

 

 

Obstruction of the Highway

 

Section 14 Public Order Act 1986 ‘Public Assembly’

 

Behavioural Offences

 

Section 1 Public Order Act 1986 ‘Riot’

 

 

Section 2 Public Order Act ‘Violent Disorder’

 

Section 3 Public Order Act ‘Affray’

 

Section 4 Public Order Act ‘Threatening Behaviour’

 

Section 4A Public Order Act ‘Disorderly Behaviour With Harassment’ 

 

Section 5 Public Order Act ‘Disorderly Conduct’

 

Breach of the Peace

 

 

Assaulting or Obstructing A Police Officer

 

 

 

 

Arrest

 

General Advice

 

 

Guidelines on Police Behaviour

 

The Result

 

  1. You are released with no further action taken against you.
  2. You are charged with an offence and released on bail to appear in court at a later date. There may be bail conditions imposed, such as staying away from a certain area or not attending specific events. There has been some interest in challenging the way bail conditions have been imposed in a ‘blanket’ manner when a large group of people have all been arrested together. To be released on bail, you must sign a paper agreeing to the conditions, legal advice should be requested before you sign.
  3. You are charged and held over to be brought into court the next day (or the following Monday if it is a weekend). This is usually done if you do not agree to your bail conditions, or if the police do not believe they should release you (because you might leave the country, etc.).
  4. You are bailed, pending further enquiries, to return to the same police station at a later date. This means the police have not decided whether to charge you or not. It often means they need more time to look over the evidence. You might, as above, be given bail conditions. You will need to sign a paper before being released.

 

 

Action Against The Police

 

General Points

Wrongful Arrest

 

 

Malicious Prosecution

 

Injured by the Police

 

Practical Advice

 

  

Sources

Adapted and expanded from the Green and Black Cross ‘Know Your Rights’ Training v3.1

http://greenandblackcross.org/legal/resources

http://www.activistslegalproject.org.uk/

http://www.coomber-rich.co.uk/offences_guide/public_order_offences/

http://netpol.org/resources/law-and-occupations/#3

http://www.guardian.co.uk/news/datablog/2010/jun/10/stop-and-search-terror-police-statistics

http://netpol.org/2012/08/13/end-s60-stop-and-search/

http://www.iengage.org.uk/component/content/article/1-news/1241-home-office-releases-latest-stop-a-search-figures

http://www.pannone.com/__data/assets/pdf_file/0020/25355/Actions-Agaianst-The-police.pdf

http://www.guardian.co.uk/law/2011/feb/24/stop-and-search-fall-counterterrorism-powers

http://beforeitsnews.com/alternative/2012/10/rough-guide-to-filming-police-during-a-stop-search-2476222.html

http://www.cps.gov.uk/legal/p_to_r/public_order_offences/#Riot

http://www.inbrief.co.uk/offences/prosecution-for-assaulting-a-police-officer.htm

http://www.inbrief.co.uk/offences/breach-of-the-peace.htm

http://www.inbrief.co.uk/offences/public-nuisance.htm

Public Order Offences Solicitors

previous events

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Some of the previous events NPMP have run:

Gangsters & Terrorists? – criminalising our black and asian communities

Death on Camera: Justice4 Christopher Alder

Riots reframed documentary screening

Monitor training days

 

Police corruption and community resistance

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A piece by 2 of the Northern Police Monitoring Project founders Joanna Gilmore and Waqas Tufail. On police corruption, community resistance and the work NPMP does.
http://dx.doi.org/10.1080/09627251.2013.865491