Police powers — common mistakes

When answering a problem question on stop and search, always apply the two key elements: first, were there 'reasonable grounds for suspicion' (unless it's a s.60 search)? Second, did the officer follow the correct procedure under Code A? A failure in either can make the search unlawful.

No. While being in a high-crime area can be part of the context, it is not, on its own, sufficient to constitute 'reasonable grounds for suspicion' under s.1 PACE 1984. The police must have specific intelligence or information linking you to a particular offence. Relying solely on location or stereotypes would likely make the search unlawful.

Not automatically. A breach of a PACE Code is not a criminal offence in itself and does not automatically lead to an acquittal. However, it is a significant factor that a court will consider. A serious or significant breach could lead to evidence obtained as a result (like a confession) being excluded under s.76 or s.78 of PACE. If that evidence is crucial to the prosecution's case, its exclusion could result in the case collapsing.

No, you have the right to remain silent. However, the police will give you a caution: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence." This means that if you stay silent but then introduce a new fact or alibi at your trial, the court may draw an 'adverse inference' from your earlier silence, potentially weakening your defence under the Criminal Justice and Public Order Act 1994.