Nicholas Dobson examines the Supreme Court’s approach to the police stop and search power in s 60 of the Criminal Justice and Public Order Act 1994
- Criminal Justice and Public Order Act 1994, s 60 (powers to stop and search in anticipation of or after violence) is compatible with Convention rights in the light of the surrounding statutory and other constraints on its operation.
- The exercise of public power must be governed by clear and publicly accessible rules of law.
- The public must not be vulnerable to interference by public officials acting on any personal whim, caprice, malice, predilection or purpose other than that for which the power was conferred.
“Stop in the name of the law!” was apparently a command from the early days of policing. It seems that when approaching a suspect the officer would shout the order. If the suspect then “did a runner” he would be pursued by the policeman, shouting the “stop” command on the hoof while also sounding a police whistle to summon assistance. This would often
