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PACE
Stop and Search 2
| Question | Answer |
|---|---|
| What is the legal test for a s.1 PACE search? | Reasonable grounds to suspect stolen or prohibited articles, or a bladed/pointed article, will be found |
| Is "reasonable grounds" subjective or objective? | Objective — a reasonable person would reach the same suspicion on the same facts |
| Can generalisations about a person's race, age, appearance or previous convictions alone justify grounds? | No — Code A expressly prohibits this |
| What does GOWISELY stand for? | Grounds, Object, Warrant card (if not in uniform), Identity, Station, Entitlement to a copy of the record, Legal power, "You are detained for the purposes of a search" |
| What must be recorded after every stop and search? | A record including grounds, object, outcome, self-defined ethnicity, and whether force was used |
| What does SOAP FC represent (categories of s.1 search)? | Stolen articles, Offensive weapons, Articles for use in Theft/burglary/TWOC/fraud, Points/blades, Fireworks, Criminal damage articles |
| How does a s.60 Criminal Justice and Public Order Act 1994 search differ from s.1? | No individual reasonable grounds needed, but only valid in a specific authorised area and time window, for anticipated violence or to search for weapons |
| Who authorises a s.60 search area, and for how long initially? | An officer of Inspector rank or above, initially up to 24 hours |
| What extra power does s.23 Misuse of Drugs Act 1971 give? | A specific power to search a person or vehicle for controlled drugs, on reasonable suspicion |
| What is the difference between "stop and account" and "stop and search"? | Stop and account is informal questioning with no power to detain or search; stop and search is a legal power requiring GOWISELY |
| Can you remove more than a person's outer coat, jacket or gloves in public during a s.1 search? | No — anything more (e.g. requiring removal of other clothing) must be done out of public view and by an officer of the same sex |
| What is an "intimate search" and who can authorise it? | A search of body orifices, authorised only by a Superintendent+ and normally conducted by a suitably qualified person, not a constable |
Created by:
UPJP