CODES OF PRACTICE

OFFICERS ARE GOVERNED BY THE FOLLOWING LEGISLATION

1. Common Law - An officer may use force to protect themselves or another;

2. Section 3, Criminal Law Act 1967 - Officers may use reasonable force in the circumstances to prevent crime;

3. Section 117 PACE - When an arrest is made reasonable force may be used;

4. Human Rights Act 1998 - Force must always be proportionate, legal, officers are accountable and it must have been necessary.

REASONABLE FORCE

When officers are required to use force to achieve a lawful objective (for example, making a lawful arrest, acting in self-defence or protecting others) all force used must be reasonable in the circumstances.

If the force used is not reasonable and proportionate, the officer is open to criminal or misconduct proceedings. It may also constitute a violation of the human rights of the person against whom the force was used.

FOLLOWING THE PLANE

P - Action taken must be proportionate to the threat in all circumstances. An option is unlikely to be regarded as proportionate where a less injurious, but equally effective alternative exists. The amount of force used must be the minimum required to achieve the lawful objective.
L - There must be a legal basis for taking the action. This can derive from Common Law.
A - Officers should record their decision, and must be able to account for why they chose a particular course of action and, in some cases, what other options may have been available and why these were not chosen.
N - The action taken by the officer must have been necessary to carry out their duty.
E - The actions should be in accordance with the principles of conduct (ethical policing) that are considered correct, and appropriate for the conduct becoming of an officer.

NATIONAL DECISION MODEL

• Code of Ethics - Ethical policing principles and Guidance for ethical and professional behaviour in policing;

• Information - Gather information and intelligence;

• Assessment - Assess threat and risk and develop a working strategy;

• Powers and policy - Consider powers and policy;

• Options - Identify options and contingencies;

• Action and review - Take action and review what happened. 

WHEN IS A STOP AND SEARCH USED?

The primary purpose of stop and search powers is to enable our officers to allay or confirm suspicions about individuals without exercising their power of arrest.

• Where an officer suspects a person is, has been or is about to be involved in unlawful activity, or where they are seeking information about a person’s whereabouts and intentions, they may first stop the person and ask some questions so that the person has an opportunity to account for themselves. The person is free to leave at this stage and not obliged to answer the questions.

• If the officer has reasonable grounds to suspect that a person or vehicle is carrying an unlawful item, or one of the ‘no suspicion’ powers applies (a stop and search power where the officer is not required to have reasonable grounds), they may decide to carry out a stop and search. This means that the person can be detained for the purpose of the search. This is not an arrest, but the person is not free to leave until the search is either completed or not proceeded with, and the officer is empowered to use reasonable force if necessary to effect the search.

MOST COMMON STOP AND SEARCH POWERS

The commonly used stop and search powers are listed below, these stop and search powers are regularly exercised for common crimes such as theft, robberies, possession of drugs scaling from Class B - Class A, and uncommonly firearms.

• Section 1 PACE 1984 - A constable may search any person, vehicle, or anything which is in or on a vehicle, if they have reasonable grounds for suspecting that they may find any, stolen property or prohibited articles, such as a bladed article.

• Section 23 MODA 1971 - A constable has the power to search person(s) for controlled drugs and detain for the purpose of search if they have reasonable cause to suspect unlawful possession.

• Section 47 Firearms Act 1968 - A constable who has reasonable cause to suspect a person of having a firearm with him in a public place, or committing or about to commit an offence with the involvement of a firearm.

MOST COMMON POST-ARREST SEARCH POWERS

• Section 32 PACE 1984 - A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, it is standard practice and procedure to search an individual after an arrest to ensure they are not in possession of items or substances that can harm the officer.

• Section 54 PACE 1984 - A constable has the power to search an arrested person in the custody suite for any items that may harm the officer or himself including any items that may aid in an escape. Please see the processing suspects collapsible group for further information.

GOWISLEY

G - Grounds - A clear explanation of the reasons for the search, why he finds you suspicious;

O - Objective - What the officer will be looking for, for example - drugs, bladed articles, etc;

W - Warrant - Warrant card to be shown to the suspect;

I - Identification - The officer must state their name and badge number;

S - Station - Where the officer is stationed at, in this case being Sinner Street Police Station;

L - Legislation - What section is being exercised for this stop and search, for example - Section 23 Misuse of Drugs Act;

E - Entitlement - You are entitled to a copy of this search now or up to 90 days (3 months);

Y - You - Inform the suspect that they are being detained, for example - you are being detained for the purposes of a stop and search. You must ensure to inform them of this first after detaining them.

SECTION 24 - POLICE AND CRIMINAL EVIDENCE ACT 1984

• Inform the suspect they're under arrest: You are under arrest for;

• List the charges for the arrest: Theft of a motor vehicle, possession of a bladed article, etc;

• Caution the suspect using the "When Questioned" caution: You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence;

• Inform the suspect the necessity for the arrest; The necessities for your arrest is for the prompt and effective investigation and to prevent your disappearance.