Section 1 refers to a specific power granted to police constables under the Police and Criminal Evidence Act (PACE) 1984 in the United Kingdom. This section outlines the conditions under which an officer may stop, detain, and search individuals or vehicles in a public place.
Understanding Section 1 of PACE
At its core, Section 1 of PACE empowers police officers to conduct suspicion-based searches. This means an officer does not need a warrant but must have specific reasons to believe an offense is being committed or that certain articles will be found. The primary purpose of this power is to detect and deter crime, particularly concerning stolen or prohibited items.
Conditions for a Section 1 Search
For a search under Section 1 to be lawful, a police constable must have 'reasonable grounds' for suspecting that they will discover stolen or prohibited articles. This threshold of 'reasonable grounds' is crucial and implies more than just a hunch or generalized suspicion; it must be based on facts, information, or intelligence relevant to the individual being stopped.
Examples of articles that an officer might search for under Section 1 include:
- Drugs: Illegal substances possessed with intent to supply or for personal use.
- Weapons: Knives, firearms, or any item intended to be used as a weapon.
- Stolen Property: Goods or items that are believed to have been unlawfully taken from their owner.
- Prohibited Fireworks: Fireworks that are illegal to possess or use in certain circumstances.
- Other items that could be used for criminal activity, such as items for housebreaking.
Where and What Can Be Searched
A Section 1 search is limited to a public place. This includes streets, parks, and other areas accessible to the public. The power extends to searching:
- Any person: Including their outer clothing and any bags or items they are carrying.
- Any vehicle: This includes all parts of the vehicle, and any property or person within it.
It's important to note that the officer must explain the reason for the stop and search, state their name and police station, and provide their grounds for suspicion.
Key Elements of a Section 1 Stop and Search
| Element | Description |
|---|---|
| Legal Basis | Section 1 of the Police and Criminal Evidence Act (PACE) 1984 |
| Power Holder | Police Constable |
| Action Permitted | Stop, detain, and search |
| Location | Public place |
| Key Requirement | Reasonable grounds for suspicion |
| Target Items | Stolen or prohibited articles (e.g., drugs, weapons, stolen property, fireworks) |
| Scope | Person (outer clothing, belongings) or vehicle (including contents) |
For more detailed information on the Police and Criminal Evidence Act, you can refer to the official legislation: PACE 1984, Section 1.
