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Pace

Stop and Search

QuestionAnswer
What is the legal test for a s.1 PACE search? Reasonable grounds to suspect stolen goods or prohibited articles will be found
Is "reasonable grounds" subjective or objective? Objective — a reasonable person would accept the grounds, not just an officer's gut feeling
Can appearance, race, or previous convictions alone justify reasonable grounds? No — Code A explicitly prohibits grounds based on personal characteristics alone
What does GOWISELY stand for? Grounds, Object, Warrant card, Identity, Station, Entitlement to a record, Legal power, "You are detained for the purposes of a search"
What does SOAP FC stand for (grounds for a s.1 search)? Stolen articles, Offensive weapons, Articles for theft/burglary/TWOC/fraud, Pointed/bladed articles, Fireworks, Criminal damage articles
What makes s.60 CJPOA different from a s.1 PACE search? s.60 needs no individual grounds, but only applies in a designated area/time, authorised for a specific reason
What is "stop and account" and how does it differ from stop and search? An informal stop asking questions — not a legal search power, and you're free to leave
What question can you ask to check if you're being formally stopped? "Am I being detained?" — if no, you're free to leave
Which Act/section gives the specific power to search for drugs? s.23 Misuse of Drugs Act 1971
Created by: UPJP
 

 



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