POLICE POWERS OF STOP AND SEARCH

2000 ◽  
pp. 53-53
Keyword(s):  
Police Powers ◽  
Stop And Search

12. The criminal process: the suspect and the police

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Criminal Offence ◽  
White People ◽  
Criminal Process ◽  
Police Powers ◽  
Asian People ◽  
Stop And Search ◽  
The Way

In order to investigate a criminal offence, the police may need to stop and search, arrest, detain, and/or question a suspect. This chapter explains the key rules that govern the exercise of police powers. The use of stop and search powers, in particular, has long been controversial as there is evidence that black and Asian people are more likely to be stopped than white people. The chapter also considers powers of arrest and the way in which arrests should be carried out, as well as minimum rights and standards for the detention and questioning of suspects.

scholarly journals The stop and search of minors: A ‘vital police tool’?

2017 ◽  
Vol 18 (3) ◽  
pp. 364-384 ◽  
Author(s):  
Simon Flacks
Keyword(s):  
Public Space ◽  
Good Evidence ◽  
Freedom Of Information ◽  
Older Children ◽  
Policy And Practice ◽  
Minority Communities ◽  
Police Powers ◽  
Police Data ◽  
The Relationship ◽  
Stop And Search

Police stop and search powers have been widely criticized for the disproportionate manner in which members of black and ethnic minority communities are targeted. However, the use of such powers on minors in England and Wales has largely escaped comment, despite good evidence that such practices are harmful and counter-productive. Whilst data on the stop and search of under-10s and even toddlers has been reasonably widely reported by the mass media, there has been little interest in the welfare of older children who are subject to such police powers. Drawing on police data, qualitative research and information obtained through Freedom of Information requests, this article considers the relationship between potentially corrosive stop and search practices, young people’s use of public space and the question of vulnerability. It is concluded that policy and practice around the use of such powers should be amended to take account of the specific needs of individuals under the age of 18, and that children’s welfare should be a central consideration.

19. Police powers

2020 ◽  
pp. 482-520
Author(s):  
Neil Parpworth
Keyword(s):  
The Public ◽  
Police Powers ◽  
Codes Of Practice ◽  
Stop And Search

The Police and Criminal Evidence Act 1984 (PACE) confers many powers upon the police. This chapter discusses the codes of practice of PACE, police powers of stop and search, the power to arrest members of the public, and the powers to enter property. Whether or not a particular power is exercised will be a matter for the discretion for an individual officer. The exercise of this discretion and the extent to which this is subject to review by the courts will be examined. Finally, the chapter looks at two offences which may be committed against the police: assaulting an officer and wilful obstruction of an officer.

Race Issues and Stop and Search: Looking behind the Statistics

2009 ◽  
Vol 73 (2) ◽  
pp. 165-183 ◽  
Author(s):  
Kiron Reid
Keyword(s):  
Young People ◽  
Ethnic Groups ◽  
Racial Disparity ◽  
Official Statistics ◽  
Ongoing Controversy ◽  
Police Powers ◽  
Potential Impact ◽  
Stop And Search

This article considers the ongoing controversy over police powers to stop and search. It particularly looks at the evidence of racial disparity in use of these powers from the official statistics. The article considers attempts to improve use of stop and search by the police, including extra safeguards introduced after the Macpherson Report and the reduction of recording requirements after the Flanagan Report. It considers the argued fall in police use of stop and search after Macpherson and increase in use of general and anti-terrorist stop and search powers after 9/11 and 7/7. Police arguments to justify differential use between ethnic groups are considered. While concentrating on the developments since the late 1990s, the continuing nature of the debate about police use of powers in the last few decades is highlighted. The article considers the great concern about knife crime in recent years and government and police policies to deal with this. The analysis focuses on the potential impact on young people.

11. The Investigation of Crime

2019 ◽  
pp. 369-409
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Law Enforcement ◽  
Police Custody ◽  
Police Powers ◽  
Stop And Search

This chapter examines the investigation of crime. It begins with a discussion of how law enforcement is organized, exploring the role of agencies such as the police, the National Crime Agency, and HM Revenue and Customs, amongst others. It then critically considers police powers around stop and search and arrest and detention, before moving on to examine the rights of suspects in police custody, particularly in relation to interview.

19. Police powers

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
The Public ◽  
Police Powers ◽  
Codes Of Practice ◽  
Stop And Search

The Police and Criminal Evidence Act 1984 (PACE) confers many powers upon the police. This chapter discusses the codes of practice of PACE, police powers of stop and search, the power to arrest members of the public, and the powers to enter property. Whether or not a particular power is exercised will be a matter of discretion for an individual officer. The exercise of this discretion and the extent to which this is subject to review by the courts will be examined. Finally, the chapter looks at two offences which may be committed against the police : assaulting an officer; and wilful obstruction of an officer.

A social systems approach to understanding the racial effect of the Section 44 counter-terror stop and search powers

2015 ◽  
Vol 11 (4) ◽  
pp. 383-397
Author(s):  
Rachel Herron
Keyword(s):  
Human Rights ◽  
Systems Theory ◽  
Systems Approach ◽  
Social Systems ◽  
The Other ◽  
Police Powers ◽  
European Court ◽  
Stop And Search ◽  
Discriminatory Effect ◽  
Law Making

AbstractIn 2010, the European Court of Human Rights (ECtHR) endorsed long-standing claims of the potentially discriminatory effect of the suspicionless stop and search powers within s.44 of the Terrorism Act 2000. This paper applies principles of social systems theory to propose an explanation for the empirically evidenced racial effect of the s.44 police powers. Through observations regarding communicative barriers apparent between the law-making and policing subsystems, the paper argues that each subsystem's understanding of the expectations of the other, pertaining to the nature and use of the s.44 powers, contributed to their deployment in a way that diminished the effectiveness of the safeguards intended to guard against their misuse. Mismatched subsystem expectations meant that the powers were implemented by the police without the statutory protections, the operational self-restraint, or the type of intelligence-led judgment expected by the legislature, giving rise to misuse of the powers and, in particular, their deployment in line with race-based profiles.

12. The Investigation of Crime

2021 ◽  
pp. 417-458
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Law Enforcement ◽  
Police Custody ◽  
Police Powers ◽  
Stop And Search

This chapter examines the investigation of crime. It begins with a discussion of how law enforcement is organized, exploring the role of agencies such as the police, the National Crime Agency, and HM Revenue and Customs, amongst others. It then critically considers police powers around stop and search and arrest and detention, before moving on to examine the rights of suspects in police custody, particularly in relation to interview.

scholarly journals Now you see it, now you don’t: On the (in)visibility of police stop and search in Northern Ireland

2018 ◽  
Author(s):  
John Topping ◽  
Ben Bradford
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
Social Control ◽  
Research Evidence ◽  
Police Service ◽  
Police Powers ◽  
The United Kingdom ◽  
Stop And Search ◽  
Theoretical Insight ◽  
Insight Into

Police stop and search practices have been subject to voluminous debate for over forty years in the United Kingdom. Yet critical debate related to the use of ‘everyday’ stop and search powers by the Police Service of Northern Ireland (PSNI) has, despite the hyper-accountable policing system of Northern Ireland, been marked by its absence. This paper presents the first ever analysis of PSNI’s use of PACE-type powers - currently used at a higher rate and with poorer outcomes compared to the rest of the U.K. While it can only be considered as an elusive power, about which detailed research evidence is markedly lacking, stop and search in Northern Ireland seems to serve as a classificatory tool for PSNI to control mainly young, socio-economically marginal male populations. The paper provides new theoretical insight into stop and search as a simultaneous overt and covert practice, and speaks to wider issues of mundane police power – and practice – within highly contested and politically fractured contexts.Keywords: stop and search; Police Service of Northern Ireland; police powers; social control

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