S.1 PACE: Prohibited articles include:
Offensive weapons (s.1(9)) - made or adapted with intent to cause injury to others e.g. Guns,
knives but not penknives
AND
Something made or adapted for use in connection with one of a list of offences including
burglary, theft and obtaining property by deception (s.1(7), (8))
Criminal Justice & Public Order Act 1994, s.60 - random stop & search where
• A police officer of or above the rank of inspector reasonably believes -
a. That incidents involving serious violence may take place in any locality in his
police
area, and that it is expedient to give an authorisation under this section to prevent their
occurrence, or
b. That persons are carrying dangerous instruments or offensive weapons in any
localities in his police area without good reason
• R (on application of Roberts) v Commr of Police for Metropolis [2015] UKSC 79 &
[2014]
EWCA Civ 69
a. Did random stop & search violate applicant's freedoms under Article 5 (right to
liberty), 8 (right to respect for private life)?
Held: NO
There was no deprivation of liberty - however, she was handcuffed, stopped and forcefully
had their bag taken from them and searched - questionable? The court held that the
stopping was for a very short period of time and that the stop & search was necessary under
s.60 of the Criminal Justice & Public Order Act 1994.
Road Checks s.4 PACE
Powers to stop vehicles where there are reasonable grounds to believe:
i. Person about to/has committed /witnessed an indictable offence or is an escaped
prisoner; AND
ii. Person, as defined in 1 above, is or is about to be in the vicinity where road check is
proposed
iii. See also now Part V Terrorism Act 2000 – the power to stop & search pedestrians &
vehicles ‘if expedient for the prevention of terrorism’ s.44, AND Moss v McLachlan
[1985] IRLR 76 for common law powers to stop vehicles
Safeguards:
i. Written authorisation by an officer with the rank of Superintendent or above
ii. This authorisation to include the purpose of the check, a locality in which vehicles to be
stopped
iii. Power only to determine whether vehicle carrying a suspect/witness - no power to
question vehicle occupants
Offensive weapons (s.1(9)) - made or adapted with intent to cause injury to others e.g. Guns,
knives but not penknives
AND
Something made or adapted for use in connection with one of a list of offences including
burglary, theft and obtaining property by deception (s.1(7), (8))
Criminal Justice & Public Order Act 1994, s.60 - random stop & search where
• A police officer of or above the rank of inspector reasonably believes -
a. That incidents involving serious violence may take place in any locality in his
police
area, and that it is expedient to give an authorisation under this section to prevent their
occurrence, or
b. That persons are carrying dangerous instruments or offensive weapons in any
localities in his police area without good reason
• R (on application of Roberts) v Commr of Police for Metropolis [2015] UKSC 79 &
[2014]
EWCA Civ 69
a. Did random stop & search violate applicant's freedoms under Article 5 (right to
liberty), 8 (right to respect for private life)?
Held: NO
There was no deprivation of liberty - however, she was handcuffed, stopped and forcefully
had their bag taken from them and searched - questionable? The court held that the
stopping was for a very short period of time and that the stop & search was necessary under
s.60 of the Criminal Justice & Public Order Act 1994.
Road Checks s.4 PACE
Powers to stop vehicles where there are reasonable grounds to believe:
i. Person about to/has committed /witnessed an indictable offence or is an escaped
prisoner; AND
ii. Person, as defined in 1 above, is or is about to be in the vicinity where road check is
proposed
iii. See also now Part V Terrorism Act 2000 – the power to stop & search pedestrians &
vehicles ‘if expedient for the prevention of terrorism’ s.44, AND Moss v McLachlan
[1985] IRLR 76 for common law powers to stop vehicles
Safeguards:
i. Written authorisation by an officer with the rank of Superintendent or above
ii. This authorisation to include the purpose of the check, a locality in which vehicles to be
stopped
iii. Power only to determine whether vehicle carrying a suspect/witness - no power to
question vehicle occupants
