Question 1
Question
Which sections of PACE detail the Stop and Search procedure etc?
Answer
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Sections 1 to 7
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Sections 1 and 7
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Section 1
Question 2
Question
What is the full name of PACE? In which year was it passed?
Answer
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Police and Criminal Evidence Act, 1984
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Preventing Aggressive Criminal Engagements Act, 1984
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Police and Complication of Evidence Act, 1980
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Police and Criminal Evidence Act, 1972
Question 3
Question
Which Code of PACE details the stop and search powers?
Question 4
Question
What does s 2 (9) (a) of PACE say?
Answer
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If a stop and search takes place in public, a police officer can only ask a suspect to remove their outer coat, jacket and gloves
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If a stop and search takes place in public, a police officer can only ask a suspect to remove their outer coat, jacket and socks
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That a police officer must give name, station and reason for stop and search before carrying it out.
Question 5
Question
What does s 2 (9) (b) of PACE say?
Answer
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An officer must be in uniform or provide documentary evidence before stop and search.
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If a stop and search takes place in public, a police officer can only ask a suspect to remove their outer coat, jacket and gloves.
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A police officer can stop and search a person at any time.
Question 6
Question
Paragraph 2.2 of Code A of Pace says that personal characteristics should not used as evidence or reasonable suspicion, such as manner of dress, hairstyle or age.
Question 7
Question
Police can use personal characteristics if they match that of someone suspected of an offence. E.g. drug gang all wear distinctive red band and a person is seen wearing the same band.
Question 8
Question
What did s60 AA of the Criminal Justice and Public Order Act add to PACE?
Question 9
Question
The case of Osman v DPP (1999) shows that an officer must give their name, station and reason for the stop and search or else it is unlawful. In this case Mr Osman had to be aquitted of assaulting a police officer.
Question 10
Question
The Misuse of Drugs Act 1971 allowed a police officer to stop and search a person if they have reasonable suspicion that the person is carrying controlled drugs.
Question 11
Question
Which section of which act allowed the police to stop and search 'in the anticipation of violence'?
Question 12
Question
Section 1 of PACE gives police the right to stop and search in a public place?
Question 13
Question
What is meant by 'public place'?
Answer
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Any area the public readily has access to, e.g. high street, car park. It can even include a front garden if there is reasonable suspicion that the suspect does not live there.
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A place that you must have permission to be on.
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Only areas that you can walk in or around
Question 14
Question
Do the police need reasonable grounds for a stop and search?
Question 15
Question
What is meant by reasonable suspicion?
Answer
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Some belief that the suspect is responsible for a criminal offence or is in the possession of a prohibited article. For example, being in possession of a class A drug.
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A hunch that a person has committed a crime because they don't look nice.
Question 16
Question
What is meant by 'prohibited article'?
Answer
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Any offensive weapon such as a knife; articles for use in connection with burglary, theft or criminal damage; stolen property or illegal drugs.
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Anything the police officer doesn't like the look of.
Question 17
Question
What did S1 of the Criminal Justice Act 2003 add to the prohibited articles covered in PACE?
Answer
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Spray paints and tools used for graffiti.
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Fireworks in a child's possession or category 4 fireworks in the possession of anyone who is not a professional.
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Crowbars, hammers and wrenches
Question 18
Question
What did S115 Serious Organised Crime and Police Act 2005 add to the prohibited articles covered in PACE?
Answer
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Fireworks in the possession of a child or category 4 fireworks in the possession of anyone who is not a professional.
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Fireworks in the possession of a child or category
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Crowbars, hammers and wrenches
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Crowbars and wrenches