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New stop and search powers

01 May 1994

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The Home Secretary, Michael Howard, has introduced an amendment to the Criminal Justice and Public Order Bill currently before parliament extending powers to stop and search people in an locality decided by the police. The existing power to stop and search a person or vehicle for offensive weapons under the Police and Criminal Evidence Act (PACE) 1984 requires "reasonable grounds to suspect that...an offensive article will be found". The amendment removes the requirement of "reasonable suspicion" and allows a police superintendent (or in emergency an inspector) to authorise stop and searches in an "area where trouble is expected". This power to declare "no go" areas can last for up to 24 hours and for six more hours if violence occurs. Failure to stop in a defined area when asked by the police to do so will be punishable by one month in prison or £1,000 fine. Records of those stopped, including their ethnic origin, are to be kept and published.

The Home Office and police staff bodies (who campaigned for the changes) are keen to deny this means the reintroduction of the old "sus" stop and search powers which were used extensively in the black communities. However, the introduction of random stop and searches without the need for "reasonable suspicion" in "areas" or locality (the extent of which are undefined and unlimited) will raise fears that the "sus" law is back in a new guise.

Home Office press release New powers to protect the public, 8.4.94; POLICE May 1994; Police Review 25.3.94.

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