Report - Guardian

128 The LSE Identity Project Report: June 2005used for terrorism, although an officer does not need grounds for suspecting thepresence of such articles to use the powers. Prior authorisation to exercise the powerwithin a given area must be sought by the relevant officer of rank for up to a period of28 days. However, the authorisation may be renewed. A prime example of this can beseen in London, which has been continuously designated as such a zone since February2001. 339Criminal Stop and SearchThe above powers to stop and search are generally governed by Code A of the Codes ofPractice that were released in accordance with PACE. The Codes have been particularlyimportant in informing both the police and the public as to the proper exercise of policepower. A breach of the Codes does not automatically render police action unlawful asthis depends upon the severity of the breach. Nor does it necessarily render anyevidence obtained from the improper actions of the police inadmissible in a subsequenttrial. A breach of the codes should at least initiate some form of disciplinary actionagainst the offending police constable and, most importantly, clarify the standards thatall officers should adhere to.Code A specifically covers the exercise by police officers of statutory powers to stopand search. The Code is too lengthy for detailed examination in this report; 340 however,the most relevant provisions are outlined below:- Rule 1.1 states that the powers to stop and search must be used without unlawfuldiscrimination and emphasises that the Race Relations (Amendment) Act 2000makes it unlawful to discriminate on the grounds of race, colour, ethnic origins,nationality or national origins when using these powers.- Rule 3.8 states that prior to the commencement of any search the police officermust inform the individual of his name and the police station to which he isattached, the legal search power which is being exercised, the purpose of thesearch and where relevant, the grounds for the search (the latter is not applicablefor searches under s44 of the Terrorism Act 2000).- Rule 4.1 states that an officer who has carried out a search must make a note ofit at the time, unless there are exceptional circumstances that would make thiswholly impracticable. If a record is not made at the time, the officer must do soas soon as possible afterwards.- Rule 4.2 states that a copy of the record must be given immediately to theperson. The officer may ask for the name, address and date of birth of the personsearched although there is no obligation on a person to provide these details andno power of detention if the person is unwilling to do so.- Rule 4.3 states that the record of the search must contain the name of the personsearched or if this is withheld a description; the person’s ethnic background; thedate, time and place that the person was first detained and the date, time andplace that the person was searched; the purpose of the search; the ground formaking it (or the authorization); the outcome and the identity of the policeofficer making the search.339 ‘The Queen on the Application of Gillan and Anr v The Commissioner of Police for the Metropolis and Anr’,Court of Appeal (Civil Division), 29 th July 2004. Paragraph 13.340 The Code is available in full at http://www.homeoffice.gov.uk/docs3/pacecode_a.pdf.