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How Did Pc Williams Have The Power To Carry Out A Search

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Question 4 (a):
Did PC Williams have the power to carry out a search under s.1 PACE?
According to (PACE Code, 1984), S.1 ss (1.1) states that ‘power to stop and search must be used fairly, responsibly with respect for people being searched and without discrimination.’ Therefore, referring to the facts of the case: ‘PC Williams’ thinks he recognises the youth as Patrick Jones based on the youth’s black scruffy looking and wearing a baseball cap. Added to that, his suspicion was based on the number of times that he has arrested Patrick Jones before for theft and burglary offences.’ Hence, applying S.1 ss (1.1) of the PACE Code, it will be difficult to support that PC Williams have the power under S.1 of PACE Code to carry a search since the …show more content…

PC Williams asks for him to stop but he ignores him and breaks into a jog.’ Therefore, applying S.1 ss (1.4) to the above facts, account that PC Williams have the power to carry out a search under S.1 of PACE Code; and consequently contradict S.1 ss (1.5) which states that ‘an officer must not search a person, even with his or her consent, where no power to search is …show more content…

Moreover, S.1 of the PACE Code allow Police officers to confirm and allay their suspicion, and also justify the use of such power to search. Hence, it would be worth considering others parts of the PACE Code, e.g.: PACE Code A for the determination of Police’s suspicion, discretion and accountability for using the power to conduct a

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