摘要:本文是一篇旨在分析解释政策的法定停止和调查权利的留学生刑法论文,1994成立的法律和形式证据法案随着其规范的行使,为了监督权力和确保这些监督停止和调查,逮捕,拘留,调查,识别和访谈拘留者的权力,提供了基础和结构。
nalysis of government data has brought claims of discrimination from campaigners who say the findings corroborate concerns that black and Asian Britons are being unfairly targeted”. [11]
Nearly 70,000 people who were stopped and searched had committed no offence showing that only 13% were arrested after the search. The amount of searches conducted has increased tenfold since 1986. [12]
Advantages
Here are the advantages collated from different members of the public in their views towards stop and search:-
May deter a crime from occurring
Gun Crime is on the increase and therefore stop and search may make members of the public feel more secure (however this depends on the area in question)
Youth Crime is also on the increase as young adults see it as ‘cool’ to be involved in young crime, therefore stop and search can stop a crime from occurring
Olympic Games are up and coming in 2012 in London, People will feel more secure knowing that within justifiable reasons a person may be stopped if under reasonable suspicion.
Stop and search can only be conducted in public places, therefore it would be believed that the search would have to be conducted correctly as other members of the public would be within distance
Stop and Search tries to promote confidence within the community and along with this promote understanding
It is a useful tactic when used in the correct manner
The members of the public also their rights and also there are complaints forms available for any complainant
Disadvantages
Young adults (Hoodies), Black or Asian people, males etc, are targeted more than others
Certain areas are more common than others for people to be stopped and searched
Stop and Search can become unuseful when used in the incorrect way
The ethnic minority seem to be targeted for terrorism more than the white population. Section 44 of the Terrorism Act 2000 [13] states that any police officer can stop and search anyone or any vehicle that is in a specific area. As shown in case Patricia ARMANI DA SILVA against the United Kingdom [14] Brazilian born Jean Charles de Menezes was shot dead by a member of the metropolitan police when mistaken as a suicide bomber, just two weeks after four suicide bombers detonated explosions on the London transport network. Three were on underground trains and one was on a bus this resulted in 56 people being killed.
It can be an intrusion on a person’s privacy
Very little intelligence is gained through stop and search itself
Only 13% of stop and searches lead to an arrest being made
Rights of a detainee held at a police station
A detainee is a person that is held in custody. The PACE Code C 2008 [15] sets out the requirements for the detention, treatment and questioning of suspects in police custody, however this does not relate to terrorism.
Many members of the public, at some point in their lives, rightly or wrongly will become under the attention of the police. Every person arrested and detained must be made aware of their rights and duties.
A person can be arrested and taken into custody with or without a warrant. Section 1.1 of the PACE Code C 2008 states “All persons in custody must
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