Points 2 Prove

The Ultimate Police Handbook

Stop and Search in Anticipation of Violence

Section 60 - Criminal Justice and Public Order Act 1994


Policing Powers

Definition

(1) If 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,
(aa) that -
(i) an incident involving serious violence has taken place in England and Wales in his police area;
(ii) a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and
(iii) it is expedient to give an authorisation under this section to find the instrument or weapon; or
(b) that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason, he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.

(2) No longer in use

(3) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any falling within the authorisation, he may direct that the authorisation shall continue in being for a further 24 hours.

(3A) If an inspector gives an authorisation under subsection (1) he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.

(4) This section confers on any constable in uniform power -
(a) no longer in use

(5) A constable may, in the exercise of the powers conferred by subsection (4) above, stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.

(6) If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.

(7) This section applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles.

(8) A person who fails
(a) to stop, or to stop a vehicle;
(b) no longer in use

when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

(9) Any authorisation under this section shall be in writing signed by the officer giving it and shall specity the grounds on which it is given and the locality in which and the period during which the powers conterred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

(9ZA) An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so
(9A) The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area, shall have effect as if the references to a locality in his police area were references to a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.

(10) Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped.
(10A) A person who is searched by a constable under this section shall be entitled to obtain a written statement that he was searched under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which he was searched.

Items Used to Conceal Identity

Section 60AA CJPO gives additional power to police. This section also confers on any constable in uniform power -
(a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;
(b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.

S60AA DOES NOT give an officer the power to stop and search for such items. Therefore, if an officer is only exercising their powers under s60AA, GOWISELY does not need to be given.

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Authorisation from an inspector or above

The authorisation must come from an inspector or above who must inform a superintendent as soon as practicable. The authority will be for a period not exceeding 24 hours. Only a superintendent or above may extend this period for one further period of 24 hours.

Section 60 provides a power to stop and search and also creates an offence of failing to stop for a search. It does not create any offences relating to possession of weapons, so any weapons found would be dealt with under existing legislation.

Failure to Stop

Unlike Section 1 PACE (detention for search) it is an offence for a person to fail to stop when required to do so (sec 60(8));

A person commits an offence if they fail to stop (or to stop the vehicle) when require to do so by a constable in uniform exercising his powers under sec 60 CJPO Act.

That covers both pedestrians and drivers of vehicles. To stop in this context must mean to stop long enough to be searched as far as is appropriate in the circumstances.

Dangerous Instruments

Instruments that have a blade or are sharply pointed.

Offensive Weapon

Any article -
- made or adapted for use for causing injury to persons; or
- intended by the person having it with him for such use by him or by some other person

Vehicle

Includes a caravan