Established 2005 Registered Charity No. 1110656
Scottish Charity Register No. SC043760
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The police must tell you why you are being stopped and searched, say our legal eagles
The Pavement's legal eagles, Kellie and Jen, deal with criminal record checks...
A young man came to see us last week complaining that he had been stopped and criminal record checked for the eighth time that week. "Surely this is harassment?" He asked, clearly distressed.
Kellie looked up from her coffee. "Well not really, Giles. The police have the right to check your record if they suspect you of breaking the law."
"Well that is the point," he retorted indignantly, jumping out of his seat. "I'm never doing anything when they stop me. It's discrimination. It's illegal! I want you to help me to file a complaint. I know my rights. I know I can do that if the police abuse their position."
"Calm down, Giles," I soothed. "You are getting hysterical." (Giles gets hysterical about everything). "You have a case if the police abuse their position, but you would have to prove it."
Giles looked intrigued. "How would I do that?"
"Well the police have to follow a procedural code of conduct when they stop you. What is it again Kellie?"
Kellie walked over to our old oak bookshelf, aching under the weight of thick, hard-backed law reports and legal books. She picked one up and flicked through it.
"The PACE Code of Practice A..." she read, "says that the police must tell you the reason you are being stopped, the object of the search and their name and police station."
"That's right. They also have to give you a written record of the search and if they don't you are entitled to claim one from their police station up to 12 months after."
Giles leapt off the sofa again and began frantically pulling pieces of paper from his pockets and throwing them on to the table. I picked one up and studied it.
"Hmmm... yes Giles. These." I turned to Kellie. "Well it seems as though they are definitely covering their backs as far as stop and search procedure goes."
"They are. But I don't think that's the main problem. They must have reasonable grounds to conduct a search and I think that's where Giles has a case." Kellie walked over with the book. "Look. The police must establish they had reasonable grounds to suspect an individual of committing an offence before they can lawfully stop them."
"Reasonable grounds? Yes, I remember something about that ..." I pondered for a moment. "There must be an objective basis for the suspicion relevant to the likelihood of finding an article of a certain kind based on facts, information or intelligence."
"It says here that the police cannot use race, age, appearance or the fact that someone is known to have a previous conviction as reasons for a search!" Kellie added excitedly. "They have to have some supporting intelligence, information or specific behaviour by the person concerned."
I took the book from Kellie. "The guidance says that the reasonable suspicion cannot be based on generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in criminal activity. That's really on the money, eh?"
Giles lit a cigarette. "So what are you saying, ladies? Do I have a case?"
"I'd say he does, Jen. I mean there are a few exceptions to the rules where the police have extra powers to stop and search in anticipation of violence..."
"I told you already!" Giles shouted angrily. "I wasn't doing anything when I was stopped!"
"Chill out, Giles." I warned. "Kellie, what does it say where the police officer has based reasonable suspicion on a criminal record check?"
"Well, they are deterred from using this as the sole basis of suspicion. It is only sufficient to found suspicion where there was no time to make any further inquiry."
"So what are you saying, ladies?" Giles repeated, "Do I have a case?"
"Yes, you do, Giles." I said. "But as in all cases where public law unreasonableness needs to be proved, the hurdle to cross is a high one. There are few successful cases. However, you do have the grounds to complain. I say we do it. Let's write down everything that happened and who was involved. Then you can go into any police station to record your complaint, we can do it for you or you can follow the complaints procedure on the Independent Police Complaints Commission. You think about what you want to do and get back to us."
Giles stood up. "Thanks, ladies. Well I guess I'll be back soon with another legal dilemma for you to discuss."
"You're welcome, Giles," I said, as I walked him to the door. "But not too soon, eh?"
October – November 2024 : Change
CONTENTS
BACK ISSUES
- Issue 152 : October – November 2024 : Change
- Issue 151 : August – September 2024 : Being Heard
- Issue 150 : June – July 2024 : Reflections
- Issue 149 : April – May 2024 : Compassion
- Issue 148 : February – March 2024 : The little things
- Issue 147 : December 2023 – January 2024 : Next steps
- Issue 146 : October 2023 – November 2023 : Kind acts
- Issue 145 : August 2023 – September 2023 : Mental health
- Issue 144 : June 2023 – July 2023 : Community
- Issue 143 : April 2023 - May 2023 : Hope springs
- Issue 142 : February 2023 - March 2023 : New Beginnings
- Issue 141 : December 2022 - January 2023 : Winter Homeless
- Issue 140 : October - November 2022 : Resolve
- Issue 139 : August - September 2022 : Creativity
- Issue 138 : June - July 2022 : Practical advice
- Issue 137 : April - May 2022 : Connection
- Issue 136 : February - March 2022 : RESPECT
- Issue 135 : Dec 2021 - Jan 2022 : OPPORTUNITY
- Issue 134 : September-October 2021 : Losses and gains
- Issue 133 : July-August 2021 : Know Your Rights
- Issue 132 : May-June 2021 : Access to Healthcare
- Issue 131 : Mar-Apr 2021 : SOLUTIONS
- Issue 130 : Jan-Feb 2021 : CHANGE
- Issue 129 : Nov-Dec 2020 : UNBELIEVABLE
- Issue 128 : Sep-Oct 2020 : COPING
- Issue 127 : Jul-Aug 2020 : HOPE
- Issue 126 : Health & Wellbeing in a Crisis
- Issue 125 : Mar-Apr 2020 : MOVING ON
- Issue 124 : Jan-Feb 2020 : STREET FOOD
- Issue 123 : Nov-Dec 2019 : HOSTELS
- Issue 122 : Sep 2019 : DEATH ON THE STREETS
- Issue 121 : July-Aug 2019 : INVISIBLE YOUTH
- Issue 120 : May-June 2019 : RECOVERY
- Issue 119 : Mar-Apr 2019 : WELLBEING
- Issue 118 : Jan-Feb 2019 : WORKING HOMELESS
- Issue 117 : Nov-Dec 2018 : HER STORY
- Issue 116 : Sept-Oct 2018 : TOILET TALK
- Issue 115 : July-Aug 2018 : HIDDEN HOMELESS
- Issue 114 : May-Jun 2018 : REBUILD YOUR LIFE
- Issue 113 : Mar–Apr 2018 : REMEMBRANCE
- Issue 112 : Jan-Feb 2018
- Issue 111 : Nov-Dec 2017
- Issue 110 : Sept-Oct 2017
- Issue 109 : July-Aug 2017
- Issue 108 : Apr-May 2017
- Issue 107 : Feb-Mar 2017
- Issue 106 : Dec 2016 - Jan 2017
- Issue 105 : Oct-Nov 2016
- Issue 104 : Aug-Sept 2016
- Issue 103 : May-June 2016
- Issue 102 : Mar-Apr 2016
- Issue 101 : Jan-Feb 2016
- Issue 100 : Nov-Dec 2015
- Issue 99 : Sept-Oct 2015
- Issue 98 : July-Aug 2015
- Issue 97 : May-Jun 2015
- Issue 96 : April 2015 [Mini Issue]
- Issue 95 : March 2015
- Issue 94 : February 2015
- Issue 93 : December 2014
- Issue 92 : November 2014
- Issue 91 : October 2014
- Issue 90 : September 2014
- Issue 89 : July 2014
- Issue 88 : June 2014
- Issue 87 : May 2014
- Issue 86 : April 2014
- Issue 85 : March 2014
- Issue 84 : February 2014
- Issue 83 : December 2013
- Issue 82 : November 2013
- Issue 81 : October 2013
- Issue 80 : September 2013
- Issue 79 : June 2013
- Issue 78 : 78
- Issue 77 : 77
- Issue 76 : 76
- Issue 75 : 75
- Issue 74 : 74
- Issue 73 : 73
- Issue 72 : 72
- Issue 71 : 71
- Issue 70 : 70
- Issue 69 : 69
- Issue 68 : 68
- Issue 67 : 67
- Issue 66 : 66
- Issue 65 : 65
- Issue 64 : 64
- Issue 63 : 63
- Issue 62 : 62
- Issue 61 : 61
- Issue 60 : 60
- Issue 59 : 59
- Issue 58 : 58
- Issue 57 : 57
- Issue 56 : 56
- Issue 56 : 56
- Issue 55 : 55
- Issue 54 : 54
- Issue 53 : 53
- Issue 52 : 52
- Issue 51 : 51
- Issue 50 : 50
- Issue 49 : 49
- Issue 48 : 48
- Issue 47 : 47
- Issue 46 : 46
- Issue 45 : 45
- Issue 44 : 44
- Issue 43 : 43
- Issue 42 : 42
- Issue 5 : 05
- Issue 4 : 04
- Issue 2 : 02
- Issue 1 : 01
- Issue 41 : 41
- Issue 40 : 40
- Issue 39 : 39
- Issue 38 : 38
- Issue 37 : 37
- Issue 36 : 36
- Issue 35 : 35
- Issue 34 : 34
- Issue 33 : 33
- Issue 10 : 10
- Issue 9 : 09
- Issue 6 : 06
- Issue 3 : 03
- Issue 32 : 32
- Issue 31 : 31
- Issue 30 : 30
- Issue 29 : 29
- Issue 11 : 11
- Issue 12 : 12
- Issue 13 : 13
- Issue 14 : 14
- Issue 15 : 15
- Issue 16 : 16
- Issue 17 : 17
- Issue 18 : 18
- Issue 19 : 19
- Issue 20 : 20
- Issue 21 : 21
- Issue 22 : 22
- Issue 23 : 23
- Issue 24 : 24
- Issue 25 : 25
- Issue 8 : 08
- Issue 7 : 07
- Issue 26 : 26
- Issue 27 : 27
- Issue 28 : 28
- Issue 1 : 01