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What does PACE 1984 set out?
Police powers to stop and search a person
Section 1?
You can stop and search a person, vehicle in a public place if they have reasonable grounds to suspect they’re in possession of stolen/prohibited articles
Section 2?
Police must state their name (ID), station and reason for the stop and search
Section 3?
Suspect must be given a copy of the stop and search
Section 117?
They can use reasonable force
What is Code A?
Cannot be stopped and searched due to race, age, appearance, previous convictions etc
What does CJPOA stand for?
The Criminal Justice and Public Order Act (1994)
What is the CJPOA 1994?
Police have the right to search any person- Section 60
Section 60 of the CJPOA 1994?
A blanket power. Gives police a defined area during a specific time period. They must believe that serious violence will take place/dangerous items are being carried.
Section 24 PACE (SOCPA 2005)?
Police can arrest if they have suspicions that someone is about to/is/has committed an offence
Section 28 PACE: 1&3
Section 28(1): told you’re being arrested
Section 28(3): told the reasons/grounds for the arrest
Section 34 CJPOA 1994: A suspect must be?
Cautioned
The right to remain silent
Adverse inferences can be drawn
What can be removed from the suspect in a stop and search?
J- jacket
O-outer layer
G-gloves
What if the arrest is unlawful?
False Imprisonment