The boy dem (Holice) are steppin up searches on road right now, hotting up the place and having up the man dem misusing terrorism laws as their excuse. Know your Rights and walk safe Family...
You can be stopped and searched mainly for two reasons:
Under suspicion of having committed a crime, or of
carrying an illegal substance or weapon.
Under section 44 of the Terrorism Act 2000.
In the latter case the police do not have to have reasonable grounds
to justify them stopping and searching you. But they are supposed to be looking for something in connection with terrorism.
And the police must tell you under which act you are being stopped.
No matter why you are stopped or searched by the police, you do not have to provide your name, address or telephone number.You only have to provide this information if you are being arrested – in which case you should say nothing to the police and immediately ask for a solicitor.
The police must tell you:
Why you are being stopped.
What their names or identification numbers are – though they don’t have to
give their names under terrorism searches. If they are not in uniform, they
must provide identification.
Which police station they are usually based in.
What they are looking for.
If you are stopped and searched by the police
you should allow them to search you and
The search must take place in a public place.
They can ask you to remove your outer clothes.
If asked they must supply a record of why you are being stopped.
If they are searching you under the Terrorism Act they can also ask you to
remove headgear and footwear. If you wear a turban or a headscarf for religious reasons they must take you to a private room and must
provide an officer of the same sex as yourself.
IF I AM ARRESTED?
If you are arrested say
nothing to the police and
immediately ask for a solicitor.
You are entitled to a duty
solicitor at all times
Call 020 7272 8336 for free
legal advice, available
24 hours a day
January 2009 Holice Powers To Stop and Search You.... Know Your Rights!
What the Holice Officer Must Do:
Before using any search power the holice officer must take reasonable steps to inform u of:
Their name (except for terrorism searches) and the police station they are from;
The Purpose of their search
The legal power they are excercising
the grounds and authorisation of the search; and
That you are entitled to a full copy of the record of the search now unless wholly unpracticable;
If the holice officer is in plain clothes:
They are required to show you their warrant card.
If the search is in public the holice officer can require you to take off only:
Your outer coat, jacket or gloves
If a more thorough search is necessary, it must be conducted:
Out of public view; and
By an officer of the same sex as you.
The holice can speak to you or any other person during the course of their "duties".
They do not need to suspect you of having committed any offence to do this.
SEARCHES REQUIRING REASONABLE SUSPICION INCLUDE:
Sec.1 Police and Criminal Evidence Act 1984
Sec.23 Misuse of Drugs Act 1971
Sec.47 Firearms Act 1968
Sec.43(1) Terrorism Act 2000
The holice have the power to detain you, and/or your vehicle, for the purposes of a search if they have reasonable grounds to suspect that you have with you:
A knife, pointed or bladed article or other offensive weapon
Articles that can be used for burglary, theft or deception
Illegal or prohibited drugs
Anything which may constitute evidence you may be a terrorist
Before detaining you for the purpose of a search for the above items, the holice must have reasonable grounds for suspecting the item will be found. They cannot detain you for the purpose of a search on personal factors alone e.g., just because you are:
From an ethnic minority
Dressed in a particular way (unless you fit the description of someone suspected of having committed an offence nearby)
DAMN LIARS!! - CHECK sec. 44(1) and 44(2) of Terrorism Act 2000 below which states that if they use terrorism as an excuse 2 search u, they dont need reasonable grounds at all..
Your vehicle may also be searched under these powers when it is unattended. If so a notice must be left in or on it by the searching officer stating that he/she has searched it; the name of his/her holice station; that an application for compensation for any damage caused may be made to the holice station. You can apply for a copy of the search record within 12 months.
STOP AND SEARCH UNDER TERRORISM POWERS OR IF VIOLENCE IS ANTICIPATED
Sec.60 Criminal Justice and Public Order Act 1994
The holice also have powers to detain you and/or your vehicle (if it is with you) and to search for offensive weapons and dangerous instruments. If it is believed that incidents involving serious violence may soon take place in the locality, or that persons are carrying dangerous instruments of offensive weapons in the locality.
A senior officer must give written authority which will be held at the holice station.
Sec.44(1) and 44(2) of the Terrorism Act 2000
There are also powers to stop and search vehicles and their occupants (44(1)) and pedestrians (44(2)) in an area, if a senior holice officer authorises it, to prevent acts of terrorism.
For these powers, the officer does not have to have reasonable grounds to suspect the individual stopped or searched of carrying dangerous instruments or offensive weapons or of involvement in the anticipated violence or terrorism.
However these powers may only be used by holice officers in uniform.
STOPPING A MOTOR VEHICLE ON THE ROAD
Sec.3 163 Road Traffic Act 1998
A holice officer in uniform can also stop any vehicle and speak to the driver. They do not need to suspect you of having committed an offence. They can also require you to produce your driving documents for the vehicle at a holice station if you are not able to show them at the time. If they do this you will be issued with a different document.
The power to stop a motor vehicle does not give a right of the search. If the holice want to search your vehicle they have to do so under one of the above powers.
UK Police Stop and Searches Under Anti-Terror Law in 2004
From Privacy International 05/07/2004
In a number of reports released today the UK Government acknowledged that there has been an increase in stop and searches in the past year.
According to the Home Office Stop and Search Team's Strategy Report (archived here - http://www.privacyinternational.org/...policy2004.pdf),
Stop and search is a police power which, if used fairly and effectively, can play an important role in detecting and preventing crime and the fight against terrorism.
But they admit that the power is used increasingly in unfair ways.
This is under Section 95 of the Criminal Justice Act 1991, which covers a number of race-related areas.The stop and search figures published under Section 95 for 2002/2003 show a continuing increase in the level of ‘disproportionality’ in the use of stop and search. They show that black people in England and Wales are six times more likely to be stopped and searched than white people.This is compared with five times for 2001/2002.
The full report on the use of stop and searches under the criminal system is also archived on the PI site -
The report states that:
869,164 ‘stop and searches’ of persons were recorded by the police in 2002/03, under section 1 of PACE and other legislation. 118,548 (14%) were of Black people, 58,831 (7%) of Asian and 11,468 (1%) of ‘Other’ origin. Across all police forces the number of stops and searches rose by 22% from 2001/02 (there were 713,700 ‘stop and searches’ in 2001/02). Numerically most of this rise was accounted for by an increase of 96,800 (17%) for White people. There were, however, higher rates of increase for Black people (38%), and Asian people (36%), a 47% increase for ‘Other’ minority ethnic groups and 17% for White people. There was an overall 33% increase in ‘stop and searches’ recorded by the Metropolitan Police Service (MPS), with little variation between ethnic groups in terms of the percentage rise in 2002/03.
There are fifteen laws that permit stop and search by the police. Most stops and searches are carried out under the Police and Criminal Evidence Act 1984 (PACE). Under PACE, police must have reasonable reasons for suspicion, based on facts, information, or intelligence. Searches can also take place under the Criminal Justice and Public Order Act 1994 based on a 'reasonable belief' that within a certain area incidents involving serious violence may take place. Under the Terrorism Act 2000 searches are based on intelligence to prevent an act of terrorism; but also to look for items connected with terrorism, without a reason to suspect someone is carrying this type of item.
Specifically under the Terrorism Act 2000, the results are
A total of 21,577 searches were made under s44 (1&2) compared with 8,550 in 2001/02. Searches of White people increased from 6,629 to 14,429 (up 118%), for Black people from 529 to 1,745 (up 230%) and for Asian people from 744 to 2989 (up 302%). 61% of searches took place in the MPS and 21% in the City of London.
In 2002/03, 16,761 searches were made under s44 (1) compared with 7,604 in 2001/02. Only 11 arrests of vehicle occupants in connection with terrorism resulted from section 44(1) stops compared to 20 in the previous year. 6 out of the 11 arrests were classified as ‘Other’ ethnic appearance. Arrests for other reasons under this provision rose from 149 in 2001/02 to 280 in 2002/03 with 146 classified as White. However, the proportion of those arrested for ‘other reasons’ that were White fell from 74.5% to 52.1%, the proportion of Black people remained stable, whereas those in ‘Other’ minority ethnic groups increased. In both years most arrests under section 44(1) were in London.
The number of ‘stop and searches’ of pedestrians under section 44(2) increased four-fold from 946 in 2001/02 to 4,774 in 2002/03, most of the increase being accounted for by the MPS (nearly 3,300 additional stops). In 2002/03, just 63.3% of people stopped under section 44(2) were White, compared to 71.9% in 2001/02. In 2002/03 only 7 arrests (mainly Asian people) in connection with terrorism resulted from section 44(2) stops compared to none in the previous year. Arrests for other reasons under this provision rose from 20 in 2001/02 to 79 in 2002/03.
Acknowledging that something has gone wrong with the use of these powers. the Home Office is developing policy solutions. In their Stop and Search Guidance Document (archived here - http://www.privacyinternational.org/...idance2004.pdf)
They admit that:
Ministers believe that disproportionality is too high so they have commissioned further work to understand the causes of disproportionality, and to identify the best ways to reduce it.
As a result, we set up a Stop and Search Action Team (SSAT) to carry out this work. SSAT aims to make sure that the police force use the stop-and-search power fairly and as effectively as possible to prevent and detect crime. Specifically, SSAT will aim to increase the confidence that the black and minority ethnic (BME) community have in the way the police use this power, and where appropriate, reduce disproportionality