Describe the powers of the police to stop and search an individual on the street
Extracts from this document...
Introduction
Describe the powers of the police to stop and search an individual on the street. (18 mark) The police can stop anyone in a public place and ask you to account for yourself. For example, you could be asked to account for your actions, behaviour, presence in an area or possession of anything. When the police stop you and ask you for an explanation, you don't need to provide your personal details. The police do not have to make a record or give you a receipt. But you may be asked to give your ethnicity. The police can stop and search any person, vehicle, and anything in or on the vehicle for certain items. However, before they stop and search they must have reasonable grounds for suspecting that they will find: stolen goods, or, drugs, or, an offensive weapon, or, many ...read more.
Middle
But the police do not have the right to stop and search you just because of your race or religious background. When the police stop and search you, they must provide you with the following information before the search can begin, proof of their warrant card, information on police powers to stop and search, information on your rights, the police officer's name and police station, the reason for the search, what they think they might find when they search you and others. If you are not given a copy of the search record, you can ask for a copy. You must do this within three months of the date of the search. In all of these situations where the police have a right to stop and search, they should not require you to take off in public any clothing other than an outer coat, jacket or gloves. ...read more.
Conclusion
An officer with the rank of assistant chief constable or above can also give permission for searches in an area in order to prevent acts of terrorism. The police can search you in any place that is generally open to the public. This means they can search you anywhere other than your home and your garden, or the home or garden of someone who has given you permission to be there. If the police have reasonable grounds for believing that you are not, in fact, in your own home or that you are somewhere without the permission of the homeowner, they can search you. There are separate rules about when the police have powers to enter your own. The police can use reasonable force when they stop and search, but must make every effort to persuade you to co-operate. They should only use force as a last resort. ...read more.
The above preview is unformatted text
This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.
Found what you're looking for?
- Start learning 29% faster today
- 150,000+ documents available
- Just £6.99 a month
