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Civil Liberties and Human Rights & Criminal Law

Stop and Search Laws.

With the government recently announcing that they will be reviewing the stop and search rules we take a look at the rules that apply.

What can the police do under the stop and search powers?

As the rules stand at the moment, a police officer has the power to stop you and if the situation dictates, they have the power to search you at any time.

They also have the power to ask you what you are doing and why you are in a location. You do not have to answer these questions but that could lead on to other police action.

Why can the police do this?

The rules were introduced so that the police could take action if they feel that you are acting, will act, or have acted illegally.

Examples of this could be that-

You have committed a crime or intend to commit a crime and you may have property acquired through crime, you are carrying a weapon or you have tools that may enable you to commit a crime.

You are in procession of an illegal drug.

The stop and search powers can only be carried out if the police officer has reasonable grounds; if they don't have 'reasonable grounds' then a senior police officer can permit the action.

It is the 'reasonable grounds' that is one of the main areas that have been brought into question and have resulted in the reforms: under a recent survey it was shown the 27% of all stop and searches were done without reasonable grounds, which amounts to some 250,000 searches, which has resulted in a waste of police time and ill feeling among those targeted.

Under the existing scheme reasonable grounds are defined as criminal action 'may' occur, the new definition will look at the definition as being that a crime 'will' occur.

What should happen if you are stopped?

A police officer must follow a process when undertaking a stop and search.

This will include a statement of why they can undertake the action, your rights, their details and an explanation as to why they are undertaking the search and what they are looking for.

The police officer can ask that you remove outer clothing such as a coat and gloves, this can include clothes being worn for religious reasons, which must be done out of public view.

If the officer asks that you remove any other items, they must also be of the same sex as you.

The review

- It has been shown, via a pilot scheme in London and the West Midlands, that using a more 'intelligence-led approach' has resulted in a fall of stops, at the same time crime has fallen and the ratio between stops and arrests has improved.

- As mentioned the definition of 'reasonable grounds' will be made clearer and if this is abused a police officer could face disciplinary action.

- The records being held by the police for stop and searches will be made more accessible to the public.

- Review of police training.

- Review of individual officer's ability to initiate a stop and search.

- Improve accountability.

If you would like to read more about the stop and search reforms visit the Home secretary statement
30th April 2014

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