Скачать или смотреть Understanding Police Detention and Search Procedures /PACE Code A/ Criminal Justice/Legal Lens/ L 2

Reasonable Grounds for Suspicion Based on Behaviour, Time, and Location
• Reasonable suspicion may exist without specific information or intelligence and on the basis of a person's behavior.
• An officer must be able to explain why they formed their opinion based on specific aspects of the person's behaviour or conduct.

Securing Public Confidence and Promoting Community Relations
• All police officers must recognize that searches are more likely to be effective when their reasonable grounds for suspicion are based on a range of objective factors.
• Local senior officers have a duty to ensure that those under their command have access to such information.

Questioning to decide whether to carry out a search
Police Detention and Search Procedures

• Officers may detain a person with reasonable suspicion to carry out a search.
• Before the search, officers may ask questions about the person's behavior or presence.
• Questioning can confirm or dispel reasonable grounds for suspicion.
• If there are no grounds for suspicion, no search can occur.
• In the absence of any other lawful power to detain, the person is free to leave at will.

Searches Authorized under Section 60 of the Criminal Justice and Public Order Act 1994

• Authority for a constable to stop and search under section 60 can be given if the officer believes serious violence may occur, dangerous weapons are being carried without good reason, or an incident involving serious violence has taken place.
• Authorisation can only be given by an officer of the rank of inspector or above and in writing or orally if paragraph 2.12(c) applies.
• The authorisation must specify the grounds, locality, and period of time for which it is in force.
• The selection of persons and vehicles to be stopped and searched should reflect an objective assessment of the nature of the incident or weapon.
• The driver of a vehicle stopped under section 60 and any person who is searched under section 60 are entitled to a written statement within twelve months.
• An inspector who gives an authorisation must communicate their decision to the public as soon as possible and where it is operationally beneficial.

Powers to require removal of face coverings
Section 60AA of the Criminal Justice and Public Order Act 1994:
• Provides power to demand the removal of disguises and seize items intended for concealing identity.
• No power to stop and search for disguises.
• Authority to remove and seize disguises can be given by a constable in uniform if the officer believes activities may occur in the officer’s police area likely to involve offences.
• Authorisation can only be given by an officer of the rank of inspector or above, in writing, specifying the grounds, locality, and period of time.
• Authorisation can be extended for a further 24 hours if crimes have been committed or suspected, and continued use of powers is considered necessary to prevent or deal with further such activity.

Searches under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011 and Schedule 11 of the National Security Act 2023:
• Allows a constable to detain an individual to be searched under certain powers.
• Powers include ascertaining if an individual in respect of whom a TPIM or STPIM notice is in force is complying with measures specified in the notice, and ascertaining if an individual in respect of whom a TPIM or STPIM notice is in possession of anything that could be used to threaten or harm any person.

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