UK Stop & Search

[redhead]

Does any one have any info or links regarding our rights when we're stopped and searched by the police.....

1. Can we refuse to give our names?
2. Can we refuse to give them consent to be searched?
3. What is there legal obligation i.e. what info do they have to tell us before we let them search us?

Any info on this subject would be appreciated as im running a course for inner city kids at the moment and would like to clue them up regarding our citizens rights.


PEACE

RED

[lookfar]

Hi redhead

I don't have the information & not enough time to look into it now, but would certainly like to see it is someone else does!

[lottie]

Excellent thread - yeah i was wondering the same thing, we have had a few CENSUS points where i live which are apparently where the police and councils set up by the edge of the road and if they wave you over as you are driving past you MUST stop (for a stupid bloody questionnaire!!!) , this angered me srtaight away because unless ive caused an offence i dont HAVE to stop for anyone! i was wondering my rights here because i'd probably lose my temper if i were stopped and wanted to know my rights too! But if you dont stop they will accuse you of having something to hide...

Im gonna go and have a look....:D

[redhead]

Anybody?

[stickwhistler]

http://www.adviceguide.org.uk/index/your_rights/legal_system/police_powers.htm

[fantana]

Be soveriegn like any real man such as myself.





Hope this helps

[lookfar]

http://www.adviceguide.org.uk/index/your_rights/legal_system/police_powers.htm

Thanks for the link stickwhistler. Just read it :eek:

[cf24]

Section 60's and 44's are common place at football matches, we get treated like utter shit! You stop counting the amount of times you get videoed and photographed after a while.............

Here's some helpful info if you ever get arrested.



This is a rough guide to your basic rights on arrest. If you are arrested keep calm and do not panic. Remember that you have the right to be treated fairly and with respect by the police.

When you are arrested you do not have to say anything to the police. BUT if you are later charged with a crime and you have not mentioned, when questioned, something that you later rely on in court, then this may be taken into account when deciding if you are guilty.

See our suggested response in the caution section There may be good reasons why you do not wish to say anything to the police, and you should not be intimidated into answering questions. Get a solicitor down to see you in the police station as soon as possible.

remember:

There may be times when if you give an innocent explanation for what you have done, the police may leave you alone.

* It is wise not to discuss the case with the police until you have consulted privately with a solicitor.
* If the police are about to arrest you or have already arrested you, there is no such thing as a 'friendly chat' to sort things out. Anything you say can later be used against you. Think before you talk.





ON THE STREET

If you are stopped by the police: (if they are not in uniform then ask to see their warrant card.)

* Ask why you have been stopped and at the end ask for a record of the search.
* You can be stopped and searched if the police have a reasonable suspicion that you are in possession of:
* controlled drugs
* offensive weapon or firearms
* carrying a sharp article
* carrying stolen goods
* if you are in a coach or train, going to, or you have arrived at, a sports stadium

There are other situations where you can be stopped and searched, for example: If police fear there might be serious violence in a particular area they can stop and search anyone in that area for up to 24 hours.

In these circumstances the police do not need to have a reasonable suspicion that you are carrying a weapon or committing a crime. This very wide power can be used at raves, demonstrations etc.

remember:

you run the risk of both physical injury and serious criminal charges if you physically resist a search. If it is an unlawful search you should take action afterwards by using the law.



IN THE POLICE STATION

You always have the right:

* to be treated humanely and with respect.
* to see the written codes governing your rights and how you are treated.
* to speak to the custody officer (the officer who must look after your welfare).
* to know why you have been arrested

You also have the right (but they can in rare situations be delayed):

* to have someone notified of your arrest (not to make a phone call yourself).
* to consult with a solicitor privately.


remember:

Do not panic. You cannot be locked up indefinitely. The police sometimes keep you isolated and waiting in the cell to 'soften you up'.

Above all else, try to keep calm. The police can only keep you for a certain period of time - normally a maximum of 24 hours (36 hours for a serious arrestable offence).

Make sure the correct time for your arrest is on the custody record.

Make sure you know why you have been arrested.

Insist on seeing a solicitor (you might have to wait, but it's always free). Ask them to be present when you are interviewed.

Do not be put off seeing a solicitor by the police. It is your right and it's free.

If you ask for anything and it is refused make sure this is written down on the custody record.


We strongly recommend that you:

1. make "no comment" to all questions
2. don't write a statement
3. don't sign a statement written by the police
4. don't sign any police book

...until you have seen a solicitor


AT A DEMO/FOOTBALL MATCH

Police can often get the wrong person in the heat of the moment where there are big crowds present, so it is important that you get witnesses to your arrest.

If you are arrested in a crowd, keep calm, and shout out your name so people can know who it is being arrested.

If you witness an arrest, try to write down the name of the arrested person and where they were arrested.

Write down the number of the arresting officer(s).

If you are on a march and the Legal Defence and Monitoring Group are present, pass on this information to them (020 8533 7116 address below).

If you are thrown out of a football ground unfairly without arrest, insist on talking to a senior officer to state your case, or go to the local station to lodge a formal complaint.

If you didn't get the arresting officers number, ask to be escorted back into the ground to identify him.

It's not uncommon for the police to quietly let you back in if they know you are serious about making a complaint.

A common trick police employ is to badger you into accepting a caution so that you can catch your last train home. Do not accept this under any circumstances if you have done nothing wrong.

SEARCH OF YOUR HOME

* The police can search premises with the consent of the occupier.
* A warrant can be obtained from magistrates by the police to search premises for evidence of certain crimes.
* The police can enter premises WITHOUT a search warrant in many situations, including:
* following an arrest, the police are allowed to search premises the detained person occupies or has control over.
* to capture an escaped prisoner
* to arrest someone for an arrestable offence or certain public order offences.
* to protect life or to stop serious damage to property.
* other laws give police specific powers to enter premises.



remember:

You are entitled to see a copy of any search warrant.

Police can use reasonable force to gain entry

Police should give you information about their powers to search premises.

A record of the search must be kept by the police.

You or a friend should be allowed to be present during the search but this right can be refused if it is thought it might hinder investigations.

When police seize items from you or your house be sure to insist on a written list of all seized items then and there.


NEW POLICE CAUTION

"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

suggested reply

"I have been advised that I should answer no questions. It is not right that I should have to give a complete case for my self until charges have been made and properly explained and until there are other people around to check that questions put to me are fair and legal. I will say nothing until I am advised to do so by a fully qualified legal advisor".

IMPORTANT: This information was forwarded by a police officer, who naturally wants to remain anonymous:

"In reality, any response made following arrest or charge is worth very little PROVIDED IT IS NOT SIGNED BY THE PERSON MAKING IT. The CPS do not make any sort of a deal about responses unless they are on tape.

I would simply advise people to make no reply to any caution until it is in the interview room with a solicitor present. This would apply doubly is special warnings are used in interview.

People are very frightened to ask for the tape to be stopped before consulting the solicitor. At the end of the day, he is your only friend in the station, so use him to the full, and tell him everything.

If he is any good, he will advise you when to co-operate and when to keep schtum. I find a good response is then "On the advice of my solicitor I have no comment to make at this time."

top

If this is then questioned in court, the solicitor can take the blame for offering dodgy advice, and no adverse views will be drawn from the no comment response.

I don't know about other forces, but in mine we keep the tape running throughout the completion of antecedents and signing of forms to protect officers against allegations. It tends to negate a whole lot of trouble.

drink driving:

When a person is arrested for drink driving, even though they are still entitled to a solicitor, the breath test procedure cannot be delayed while this is being done.

A person who refuses to co-operate until he sees a solicitor will find himself charged with failing to provide a specimen of breath."


WRONGFUL ARREST

If you want to challenge anything the police have done then get the names and addresses of any witnesses, make a written record as soon as possible after the event.

It should be witnessed, dated and signed. If you are injured, or property is damaged, then take photographs or video recordings as soon as possible and have physical injuries medically examined.

If you have been treated unfairly then complain to a civil liberties group such as Release or contact a solicitor about possible legal action.

[cf24]

Legal Advice: Section 60

Contrary to information being circulated, the legal basis of the tactic of police cordoning off demonstrations and forbidding large numbers of people to leave from inside the cordon - as used at J18, N30 and Mayday2K - is NOT s60 of the Criminal Justice and Public Order Act 1994.

Police, indeed anyone, can use reasonable force to detain people to prevent a breach of the peace where they fear one is imminent. This was the basis of the effective mass imprisonment at previous demonstrations. It is not an arrest.

The powers in s60 have been used to search people individually as they are being released from the cordon and this is where the confusion stems from.

S60 can be used where a senior cop reasonably suspects there will be incidents of serious violence _or_ that people are carrying dangerous weapons or offensive weapons in a locality (inserted by s8 Knives Act 1997).


Advice for protesters: Section 44, Terrorism Act 2000

An investigation by human rights group Liberty into the policing of peace demonstrations at RAF Fairford, Gloucestershire has shown that anti-terrorism laws have been used to prevent citizens taking part in legitimate protests.

In particular, Section 44 of the Terrorism Act 2000 has been used to search peaceful protesters.

Here's a short guide from Liberty:

Section 44 searches - Liberty Advice

DURING SECTION 44 SEARCHES

The police can only give you a pat down, remove outer clothes (eg - jacket, hat) search your bags, and have you empty your pockets

You do not have to give your name or address

You do not have to explain why you are there

You are not allowed to flee the search, but you are not required to be actively compliant. You are allowed to "go limp" as passive resistance during the search if you do not wish to comply.

There is no permission to collect DNA data during the search

You do not have to comply with any attempt to photograph or record you.

Women can not be touched by male police during these searches.

Make notes about the officers searching you - name, number, and police force.

Note the time and the events preceding the search.

Note the specific wording used by the police to explain their authority to search you.

Ask police for the reason that they are searching you. Specifically, are they searching for terrorists or are they simply trying to deter, delay, or inconvenience you?

If you have a bad experience with police, you may want to make a formal complaint. Read our guide to making a police complaint

[redhead]

Section 44 searches - Liberty Advice

DURING SECTION 44 SEARCHES

The police can only give you a pat down, remove outer clothes (eg - jacket, hat) search your bags, and have you empty your pockets

You do not have to give your name or address

You do not have to explain why you are there

You are not allowed to flee the search, but you are not required to be actively compliant. You are allowed to "go limp" as passive resistance during the search if you do not wish to comply.

There is no permission to collect DNA data during the search

You do not have to comply with any attempt to photograph or record you.

Women can not be touched by male police during these searches.

Make notes about the officers searching you - name, number, and police force.

Note the time and the events preceding the search.

Note the specific wording used by the police to explain their authority to search you.

Ask police for the reason that they are searching you. Specifically, are they searching for terrorists or are they simply trying to deter, delay, or inconvenience you?Section 44 searches - Liberty Advice



:D:D:D
BINGO

Nice One CF24

[lookfar]

Just came across this from the City of London Police website, some very interesting information here....

Stop & Search Policy

- 1 -
Stop & Search Policy
Protective Marking Level:
Not Protectively Marked
Stop & Search Policy

- 2 -
Section A - Policy Detail

A.1 Stop & Search
A.1.1 Introduction
The policy outlines the City of London Police use of the various legislative powers to stop and search members of the public, including the way in which officers are trained and the method of recording each stop.

Stop and search is a police power which, when used fairly and effectively, can play an important role in detecting and preventing crime and the fight against terrorism.

The policy will affect all business and residential communities of the City of London and neighbouring Boroughs of the Metropolitan Police, including all members of the City of London,Metropolitan Police and British Transport Police.

The COLP supports the use of stop and search when used fairly, responsibly, with respect for people, without unlawful discrimination and in line with relevant legislative requirements.

A.1.2 Policy
The main intention of stop and search is to allow officers to allay or confirm suspicion about people, without exercising powers of arrest. Searches must be based on reasonable grounds for suspicion that the person has a particular article in their possession. Exceptions to this are when officers are:

· Authorised under section 44 Terrorism Act 2000;
· Authorised under section 60 Criminal Justice and Public Order Act 1994.

The power to stop and search a person or vehicle must be exercised in compliance with a legislative power, Code A of the Codes of Practice of the Police and Criminal Evidence Act 1984 and the Human Rights Act 1998.

An officer cannot conduct a search solely on the grounds that a person consents to the search. Persons entering private premises, such as a football ground, may find that consent to search is a condition of entry, but that is a matter for the owner of the premises.

A record of all searches made under any of the legislative powers must be made by the officer concerned. A copy of this form will be offered to the person stopped at the time, unless it is impracticable to do so.

When a police officer stops a member of the public in a public place and asks them to account for themselves but does not search them, this shall be termed a ‘Stop and Account’ encounter. The person can be asked to account for their actions, behaviour, presence in an area or possession of an item. The purpose is to enable the officer to be satisfied about the person’s presence in an area and their actions or behaviour. Such an encounter must not be used to establish grounds to search a person.

Stop & Search Policy
- 3 -
All stops where an officer requests a person in a public place to account for themselves will be recorded by the officer conducting the stop. PACE Code 4.13 negates the requirement to separately record a stop if one of the following forms are completed:

· HO/RT1 (traffic documents form);
· Vehicle Defect Rectification Scheme notice;
· Fixed Penalty Notice;
· Section 6 Breath Test record form.

A copy of the appropriate form will be offered to the person stopped at the time, unless it is impracticable to do so.

Police Community Support Officers (PCSOs) are also empowered to stop:

· Vehicles under s163 Road Traffic Act (Emissions testing);
· Pedal cyclists for cycling on a footpath;
· Section 4 PACE Road Check in the presence of a Police Officer;
· To search vehicles and objects carried by driver/passengers or carried by pedestrians, in the company of a Police Officer under the Terrorism Act 2000. (NO POWER TO SEARCH PERSON).

Authorities granted under section 60 of the Criminal Justice and Public Order Act 1994 and section 44 Terrorism Act 2000 will be documented on the relevant forms by the Authorising Officer and retained by AT&PO (Rainbow Co-ordinator).

Officers must be regularly briefed on the use of the Terrorism Act to stop and search people and vehicles. Generally, all stop and search/account activity should primarily coincide with the intelligence picture.

Community Impact Assessments must be considered for all police deployments where stop and search powers are likely to be heavily exercised. Consultation with trusted partners in the community should also be considered prior to such operations.

All forms completed will be examined and endorsed by a supervising officer. The supervisor will monitor the issuing officer’s use of stop and/ or search to ensure that the officer has exercised their powers fairly, ethically and in line with any relevant requirements.While the recording of stops by individual officers is important, simply counting the number conducted is not appropriate as a performance indicator.

The City of London Police will centrally record all details of all stops conducted throughout the Force area. All data will be entered onto the Stop and Search database as soon as practicable after the stop.

The City of London Police will monitor and analyse the use of stop and search on different ethnic groups and take action where it appears this is having a disproportionate effect on different ethnic groups within the community.

More info can be found here (http://www.cityoflondon.police.uk/NR/rdonlyres/82AAFD07-CA5A-47DB-8CA6-42D4866D31B4/0/stopandsearchFOI.pdf)