Search And Police Legitimacy

374 Words2 Pages
We all acknowledge we are policed by consent. We expect the police to show respect not only to the individual, but the law they have sworn to uphold
Within the United Kingdom we have all walked past a policeman and seen on television searching individuals on the highway. This statutory right given to the police has been a cause of mistrust between the police and members of the public for over 40 years. It is perceived as an unwarranted attack on civil liberties especially within the black, Asian, and minority ethnic. (BAME)
Papworth, N. (2016) ‘Stop and Search and Police Legitimacy’ Criminal Law and Justice Weekly seeks to identify current failings with this legislation.

Neil Papworth in his article seeks to explain issues within the
…show more content…
A police constable can only use this statutory power if he has reasonable grounds suspecting an illegal activity has, or is about to take place. It is this lack of clarity with reasonable grounds left up to the interpretation of the police constable that instigates that cause of conflict.
Further grievance is identified with section 60 Criminal Justice and Public Order Act 1994. (CJPOA)
Section 60 does not require reasonable suspicion to instigate stop and search. It was originally intended to control rioting and can only be implemented by a senior police officer in a designated area. It is alleged this practice is being used indiscriminately by police to tackle juvenile knife culture and street gangs.
To be used in conjunction with PACE a code of practice must be used when implementing stop and search. Section A(1) of that code states such statutory powers must be used fairly, reasonably, and without unlawful discrimination.
The Equality Act 2010 makes it unlawful to discriminate on ethnic origin. The Equality and Human Rights Commission in a 2010 report suggests police use stop and search powers disproportionately with black and Asian
Get Access