ABSTRACT

Section 1 of PACE is by no means the only stop and search power available to the police, although it is the most widely used. A number of statutory provisions conferring such powers on the police for other purposes existed before PACE and some have been enacted since 1984. The former include s 6 of the Public Stores Act 1875, which empowers a constable to stop, detain and search any vessel, boat or vehicle where, inter alia, there is reason to suspect that any of Her Majesty’s stores may be found which have been stolen or unlawfully obtained; also, s 23 of the Misuse of Drugs Act 1971 empowers the police to search a person and any vessel or vehicle where he or she suspects that a person is in possession of a controlled drug; s 47 of the Firearms Act 1968 has also been preserved by PACE. This power enables the police to stop and search persons or vehicles where they have reasonable cause to suspect that a firearm is being carried in a public place or elsewhere, with the intention to commit certain unlawful acts.