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> Incidents involving serious violence: section 60 of the Criminal Justice and Public Order Act 1994
Incidents involving serious violence: section 60 of the Criminal Justice and Public Order Act 1994
Under Section 60 of the Criminal Justice and Public Order Act 1994, a police officer of the rank of inspector or above may issue a written authorisation for additional search powers on the basis of a reasonable belief that incidents involving serious violence may take place or that people are carrying dangerous instruments or offensive weapons in the area without good reason. The powers relate to pedestrians and vehicles in a specified locality, for a specified period, not exceeding 48 hours at a time.
Where an authorisation has been issued, any constable in uniform may stop and search any pedestrian or anything carried by the pedestrian, or any vehicle or anyone in it, for offensive weapons and dangerous instruments and may seize any such items which are found. In addition, the police may require you to remove any item which they reasonably believe you are wearing wholly or mainly for the purpose of concealing your identity. They can seize such items and any you were intending to wear wholly or mainly for that purpose. This clearly includes removal of head and face coverings. Where the covering is worn for religious reasons the police have to be sensitive about the removal and it should not be removed in public and, if possible, not in the presence of anyone of the opposite sex.
Very importantly, under these powers, the police do not need to have any suspicion that they will find the items for which they may search. Code A applies, except for the provisions on reasonable suspicion, where searches may take place and on the minimisation of embarrassment. It is unclear whether these powers to stop and search may be exercised on private premises. The stops and searches are subject to the same safeguards concerning provision of information, the nature of the search and record keeping as the powers under PACE. In addition, a pedestrian or driver of a vehicle who has been stopped is entitled to a written statement to that effect within twelve months of the search.
Failure to stop or to remove an item worn by you when required to do so under these new powers is a summary offence, with a maximum sentence of imprisonment of 51 weeks. In addition, it will also amount to an offence of obstructing a police officer in the exercise of his or her duty.
It was thought that powers to search anyone in a particular locality without any reasonable suspicion might be in breach of Article 8 or Article 5 of the Convention. A recent ruling by the High Court suggests that unless it can be shown the power has been exercised arbitrarily, no breach of the Convention will be found – see R (on the application of Gillan and another) v Metropolitan Police Commissioner and another).
Where an authorisation has been issued, any constable in uniform may stop and search any pedestrian or anything carried by the pedestrian, or any vehicle or anyone in it, for offensive weapons and dangerous instruments and may seize any such items which are found. In addition, the police may require you to remove any item which they reasonably believe you are wearing wholly or mainly for the purpose of concealing your identity. They can seize such items and any you were intending to wear wholly or mainly for that purpose. This clearly includes removal of head and face coverings. Where the covering is worn for religious reasons the police have to be sensitive about the removal and it should not be removed in public and, if possible, not in the presence of anyone of the opposite sex.
Very importantly, under these powers, the police do not need to have any suspicion that they will find the items for which they may search. Code A applies, except for the provisions on reasonable suspicion, where searches may take place and on the minimisation of embarrassment. It is unclear whether these powers to stop and search may be exercised on private premises. The stops and searches are subject to the same safeguards concerning provision of information, the nature of the search and record keeping as the powers under PACE. In addition, a pedestrian or driver of a vehicle who has been stopped is entitled to a written statement to that effect within twelve months of the search.
Failure to stop or to remove an item worn by you when required to do so under these new powers is a summary offence, with a maximum sentence of imprisonment of 51 weeks. In addition, it will also amount to an offence of obstructing a police officer in the exercise of his or her duty.
It was thought that powers to search anyone in a particular locality without any reasonable suspicion might be in breach of Article 8 or Article 5 of the Convention. A recent ruling by the High Court suggests that unless it can be shown the power has been exercised arbitrarily, no breach of the Convention will be found – see R (on the application of Gillan and another) v Metropolitan Police Commissioner and another).
