Article 5 - English Law

• What four instances may the state deprive someone of their liberty?

  Stop and search

  Arrest

  Detention

  Kettling
• Stop and search is a restriction of movement and not a deprivation of liberty
• Under where must the police have reasonable grounds to stop and search someone?

  s1 of the Police and Criminal Evidence Act 1984
• What does s1 of the Police and Criminal Evidence Act 1984 state about stop and search?

  Police must have reasonable grounds for suspecting a person is in possession of stolen goods or prohibited articles
• What can prohibited articles include that a person may be in possession of?

  Weapons (Firearms Act 1968, s139 of the Criminal Justice Act 1988),

  Things used to commit burglary,

  Terrorism (Terrorism Act 2000),

  Drugs (Misuse of Drugs Act 1971)
• According to the Misuse of Drugs Act 1971, what can prohibited articles include?

  Drugs
• According to the Terrorism Act 2000, what can prohibited articles include?

  Terrorism
• According to the Firearms Act 1968 and s139 of the Criminal Justice Act 1988, what can prohibited articles include?

  Weapons
• Where tells us that weapons are prohibited articles?

  Firearms Act 1968 and s139 of the Criminal Justice Act 1988
• Where tells us terrorism is a prohibited article?

  Terrorism Act 2000
• Where tells us drugs are prohibited articles?

  Misuse of Drugs Act 1971
• What must a suspicion be based on for a stop and search?

  Intelligence, information or the suspect's behaviour
• A stop and search must be done in a public place
• Where states that stop and search powers must be used fairly, with good reason, with respect and without discrimination?

  Code A
• What does Code A state about stop and search powers?

  Must be used:

  1. Fairly
  2. With good reason
  3. With respect
  4. Without discrimination
• What may reasonable suspicion exist on the basis of for stop and search?

  Information received
• What can reasonable suspicion never be supported on the basis of for stop and search?

  Personal features alone
• According to s2 of PACE 1984 what must an officer do if not in uniform for a stop and search?

  Show ID
• Where tells us that if an officer is not uniform for a stop and search they must show ID?

  s2 of the Police and Criminal Evidence Act 1984
• The suspect must be told why they are being stopped and searched, the officer's name, number, station and the grounds of the search
• What five things must the suspect be told in a stop and search?

  Why they are being stopped and searched

  The officer's name

  The officer's number

  The officer's station

  Grounds for the search