Stop and search powers


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes

Stop and search powers


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert

Practice notes
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Familiarity with stop and search powers is important because where a search leads to an arrest, the legality of the stop and search that preceded it can have an impact on the Admissibility of evidence and in some cases on the Defence that is raised.

Statutory powers of stop and search are contain under the Police and Criminal Evidence Act 1984 (PACE 1984) and other key legislation (see below). As these statutory powers are an incursion albeit temporarily into the freedom of the individual, so the intrusion on the liberty of the person stopped or searched must be brief.

PACE Code A governs all police powers of stop and search prior to arrest with the exception of searches conducted under PACE 1984, s 6(1), Aviation Security Act 1982, s 27(2) or those governed by the Codes of Practice issued under the Terrorism Act 2000. A list of the police stop and search powers which are governed by PACE Code A are listed in Annex A of the Code. Practitioners advising on stop and search police powers should

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Jurisdiction(s):
United Kingdom
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Key definition:
Admissibility definition
What does Admissibility mean?

The question of whether (and to what extent) evidence suggesting or proving a fact in issue can be entered into the record and heard by the deciders of fact.

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