Stop and Search powers in the UK?

Question

We had a lively debate today on the pros and cons of police in london stopping more people of ethnic minorities with the Stop and Search laws. Is it for the good of the community? or does it break down barriers when there is no 'apparent' reason for the search?

Answer 1

There are actually at least 18 powers the police can use to stop and search people (see http://www.mpa.gov.uk/downloads/issues/stop-search/stop-search-report-2004.pdf). The terrorism search power is the one that stands out from the crowd in that it is the only power granted where the officer does not have to have 'reasonable' grounds to suspect that the person being searched is carrying whatever the officer is searching for.

'Reasonable' is generally defined as what a third person watching events would consider to be the appropriate action given the circumstances. Needless to say, everybody has a different view about what would be considered to be reasonable. Even for terrorism searches, I would suggest that there has to be some sort of suspicion involved.

In my experience, the main problem is that officers don't explain to people why they are being searched. It is actually a power that can prevent further aggravation to the person being searched - ie someone fits the description of somebody alleged to have waved a knife around. A search would eliminate an innocent person but without the power to search they would have to be arrested and taken to a police station.

Also, if you talk to the average burglar/car thief the thing they dread most is stop and search because it's difficult to explain a load of credit cards down your Y fronts.

Answer 2

i am a police officer in the uk and i get asked this question offten when i am on duty, below is some information you may find helpfull.

The police can stop and search any person, vehicle, and anything in or on the vehicle for certain items. However, before they stop and search they must have reasonable grounds for suspecting that they will find.
stolen goods or an offensive weapon or any article made or adapted for use in certain offences, for example a burglary or theft or an article with a blade or point or items which could damage or destroy property, for example spray paint cans.
The police can also search a football coach going to or from a football match if they have reasonable grounds for suspecting there is alcohol on board or that someone is drunk on the coach.
In all of these situations where the police have a right to stop and search, they should not require you to take off any clothing other than an outer coat, jacket or gloves.
If you are arrested, the police can search you for anything you might use to help you escape or for evidence relating to the offence that has led to your arrest.
In some circumstances a police officer of the rank of inspector or above can give the police permission to make stops and searches in an area for a certain amount of time - as long as this is for no more than 24 hours. When this permission is in force the police can search for offensive weapons or dangerous instruments whether or not they have grounds for suspecting that people are carrying these items. An officer with the rank of assistant chief constable or above, can also give permission for searches in an area in order to prevent acts of terrorism.

Answer 3

Here in Scotland we had a very long period where the Police could, still can i think, stop and search you for no reason at all, i think it was called "operation blade" and i would estimate that this operation SAVED hundreds of lives and injuries as it was so successful at hitting the knife culture that was prevalent in Glasgow and surrounding areas..
I for one would welcome this operation to be started again, i only hope that the Police use this power much more often as ANYONE can be the victim of an assault, so at the end of the day, the Police are preventing a possible violent assault on ME every time they stop and search someone...
Okay, it might be a pain at times to be searched but if this is the price we must pay for freedom and freedom from violence then so be it... Can we justify the loss of life if the Police do nothing? (And i don't mean that only in relation to terrorist events, ordinary violent crime is reduced by this type of pro-active Policing!!)

Answer 4

Years ago, if a police officer knew that someone needed to be arrested, but there was no law to fit, the arrest would be for conduct likely to cause a breach of the peace. It was always possible to prove that one.

Without taking up too much space with many examples of how the Terrorism Act is being used in the same way, consider a man in his eighties who shouted "that's a lie" at a political party conference. (what else could you shout at such an event?). He was ejected by the stewards, and when he tried to get back in, the police arrested him under the Terrorism Act.

Answer 5

you say ethnic minorities?? Do you mean like terrorism?

Because Police need No reason to stop anyone under the terrorism act. They just have to have a belief that, that person is involved in terrorism in some way. But dont need a 'reason' like under the normal stop and search law.

But under normal stop & search laws, there has to be a reason (ie. person suspected to have been involved in crime, have a stolen item, weapon, blade....etc)

Answer 6

In an area of say a high rate of crime and the perpetrators are usually from the ethnic minorities it is a waste of time stopping an equal number of whites to satisfy the 2teachers picking on me" mentality" If the crime suspects where usually whit it would be silly to stop and search the ethnic minorities.
I have probably put his badly but I think most will see what I am on about

Answer 7

The 'reason' could be trivial, an excuse or even a lie.

Yes the police has a job to do but it was well known in the past that if you don't fit an image a policeman has made up for you e.g you're driving an expensive car so he thinks you must had got it illegally it would be enough for the police to stop you.

The only 'reason' then was you had to be of a certain hue.

The 'terroism' act is only enabling them to harrass even more people.

Answer 8

Just thought I'd point out that even under the terrorism act the police need a reason to stop someone. That reason has to be that they suspect the person to be involved in terrorism in some way. They are not allowed to use it for an other reason. This is our sole protection from police who would abuse this piece of legislation.

Answer 9

no the quantity is amazingly perfect once you destroy it down 9,652 have been stopped I presume over a 12 Month era you seem on the entire inhabitants of the united kingdom the quantity is amazingly small I fail to be certain how that's Abuse. You cant anticipate the police in no thank you to end and seek all of us.

Answer 10

There never was a reason until The Terrorist and cowardly Suicide bombers became active in our cities and around the world. It may be inconvenient to people and annoying to other ethnic groups among whom Terrorists try to blend in to stay unnoticed. It is a necessary act and the least of all evils.