Chapter Updates for Police Powers of Stop and Search

Page 28. Note that the majority of recent changes to police powers have been made by the Serious Organised Crime and Police Act 2005 that received the Royal Assent on 7th April 2005. Most of this Act has come into force on a piecemeal basis and extensive reference will be made to its relevant provisions in this update. The Drugs Act 2005, that was enacted on the same date, has also made important changes and these will be covered in this update.

Page 29. The latest Codes of Practice came into force on 1st January 2006. These are available on the following website: http://police.homeoffice.gov.uk/operational-policing/powers-pace-codes/pace-codes.html?version=1

Codes A to F have all been amended in varying degrees and reference will be made to them in relevant parts of the book where significant changes have occurred. Also, for the first time, a code of practice covering arrests has been produced, namely Code G. This will be discussed in the coverage under Chapter 3. It is recommended that a copy of the complete Codes of Practice is obtained and used in conjunction with this book (available from The Stationery Office ISBN 0-11-341306-8).

Page 30. Paragraph 2.2 to Code A has been extended to include the following:
‘A person’s religion cannot be considered as reasonable grounds for suspicion and should never be considered as a reason to stop or stop and search an individual.’

Page 35 and Appendix 5 on page 251. Note that s.115 of the Serious Organised Crime and Police Act 2005 has included the power to stop and search for prohibited fireworks under s.1 of PACE. This came into force on 1st July 2005.

Page 39 (and Pages 137-9 in Chapter 5). Section 55 of PACE has been amended by s.3 of the Drugs Act 2005 so that as from 1st January 2006, arrested drug suspects will have to give their consent before an intimate search is undertaken for Class A controlled drugs. However, this does not apply to persons reasonably believed to have concealed weapons where reasonable force may be used if that person refuses to be searched. If a drug suspect refuses to consent, adverse inferences may be drawn in any court proceedings. According to the new Note for Guidance A6 in Code C, the detainee should be given the following warning when asked to consent to an intimate drug offence search: ‘You do not have to allow yourself to be searched, but I must warn you that if you refuse without good cause, your refusal may harm your case if it comes to trial.’

Also on 1st January 2006, s.5 of the Drugs Act 2005 came into force. This inserts a new s.55A into PACE and enables the police to authorise that an x-ray and/or ultrasound scan is taken of an arrested person who may have swallowed a Class A drug. This is discussed in further detail under Chapter 6.

Pages 40-41. As from 1st January 2006, all references to ‘serious arrrestable offence’, under s.4 of PACE are replaced by the criteria ‘indictable offence’. This significantly increases the scope for authorising road checks as well as other police powers that are similarly affected by the repeal of the concepts of arrestable and serious arrestable offences. For further information on this issue, see the coverage in Chapter 3 and other chapters under this update.

Page 42. The new paragraph 4.10A to Code A states that:

‘When an officer makes a record of the stop electronically and is unable to produce a copy of the form at the time, the officer must explain how the person can obtain a full copy of the record of the stop or search and give the person a receipt which contains:
· a unique reference number and guidance on how to obtain a full copy of the stop or search;
· the name of the officer who carried out the stop and search (unless paragraph 4.4. applies); and
· the power used to stop and search them [see Note 21].’

Note 21 referred to immediately above states the following:

‘In situations where it is not practicable to provide a written record of the stop or stop and search at that time, the officer should consider providing the person with details of the station to which the person may attend for a record. This may take the form of a simple business card, adding the date of the stop or stop and search.’

Paragraph 4.4 referred to earlier states that:

‘Nothing in paragraph 4.3(x) or 4.10A requires the names of police officers to be shown on the search record or any other record required to be made under this code in the case of enquiries linked to the investigation of terrorism or otherwise where an officer reasonably believes that recording names might endanger the officers. In such cases the record must show the officer’s warrant or other identification number and duty station.’

Page 46. The wording of paragraph 4.19 has been amended and now reads as follows:

‘A record of an encounter must always be made when the criteria set out in 4.12 have been met. If the criteria is not met but the person requests a record, the officer should provide a copy of the form but record on it that the encounter did not meet the criteria. The officer can refuse to issue the form if he or she reasonably believes that the purpose of the request is deliberately aimed at frustrating or delaying legitimate police activity. [See Note 20].’

Note 20 referred to immediately above states that:

‘Where an officer engages in conversation which is not pertinent to the actions or whereabouts of the individual (e.g. does not relate to why the person is there, what they are doing or where they have been or are going) then issuing a form would not meet the criteria set out in paragraph 4.12. Situations designed to impede police activity may arise, for example, in public order situations where individuals engage in dialogue with the officer but the officer does not initiate or engage in contact about the person’s individual circumstances.’