Answers
Thread 4
What legally was Inspector Green doing when he first approached Dave?
It has been established that reasonable suspicion exists to carry out a s.1 PACE stop and search. However if this is to be done then certain formalities must be observed as set out in s.2(3) PACE. These include giving the suspect details of the officer’s name and station, the object of the search and alerting the suspect to the fact that he is entitled to a written record of the search. Failure to give this information renders the search unlawful (see Osman v Suthwark Crown Court [1999] EWHC 622 (Admin))
Clearly the Inspector has not fulfilled these requirements so he cannot
be carrying out a legal stop and search. Note that paragraph 2.9 of Code
of practice A states that:
‘
An officer who has reasonable grounds for suspicion may detain the person
concerned in order to carry out a search. Before carrying out a search the
officer may ask questions about the person’s behaviour or presence
in circumstances which gave rise to the suspicion.’
However the failure to follow s.2(3) renders this inoperable as a justification
for the Inspector’s behaviour.
An alternative explanation is that he is merely asking the suspect a question
which might clear the situation up straight away. Note 1 of the notes for guidance
accompanying the Code of Practice states:
‘
This code does not affect the ability of an officer to speak to or question a
person in the ordinary course of the officer’s duties without detaining
the person or exercsinig any element of compulsion.’