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30 June 2016 / Nicholas Dobson
Issue: 7705 / Categories: Features , Public
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Stop & search

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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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