Why Is PC Sharkey Exercised His Powers Of Stop And Search?

1639 Words 7 Pages
This scenario raises the question of whether PC Sharkey has legally exercised his powers of stop and search. The statutory requirement of the Police and Criminal Evidence Act 1998 and the accompanying PACE Codes of Practice require PC Sharkey to have reasonable grounds for suspecting Marcus of committing an unlawful act while taking reasonable steps when conducting the search. The scenario also raises the question as to whether PC Sharkey has exercised his powers of arrest by having reasonable grounds for believing the arrest to be necessary, while providing Marcus with the right information for the arrest.

In order for PC Sharkey to have legally exercised his powers of stop and search he must have subjectively and objectively had reasonable
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Thus, In the case of R v Bristol it was held that the police officer was in breach of s, 2(2) of the 1984 Act after he had suspected that the defendant was going to swallow drugs and applied pressure to the defendants throat in order to stop him swallowing it, as he failed to brining the attention to his name and police station which means the search was unlawful. The only steps P.C Sharkey takes is asking Marcus what is in the bag, these facts this do not constitute as reasonable step such as stating his name and police station which, as provided in R V Bristol , would constitute an unlawful search and a breach of s,2 (2) …show more content…
Section 3(1) Criminal Law Act 1967 provides that:" A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large . In the Case of Ludlow v Burges Lord Parker CJ held that the mere case of putting a hand on the defendant’s shoulder resulted in the detention of the defendant against his will and therefore was an unlawful act . Therefore the force used by PC when unlawfully conducting a stop and search and unlawfully conducting an Arrest by grabbing Marcus’s arm and pushing him against the wall along would constitute as unlawful force. Therefore, as provided in the Metropolises v Thompson case, his loss of liberty and the damaging effect of malicious prosecution, should hold the defendant liable for damages.
In conclusion, PC Sharkey has not legally exercised his powers of stop and search and has not made a valid arrest he will be in breach of his police powers under s, 24 and s, 28 of PACE. For these reasons, the force used by PC Sharkey will constitute as being

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