StopWatch is a joint venture between a range of civil society organizations, activist and human rights groups, academics, and campaigners in the United Kingdom (UK). StopWatch was established to address concerns about the use of Stop and Search powers by police in the UK with regards to the law, community relations, and civil rights.[1] Its primary target is addressing the significant ethnic disproportionality in the use of stop and search. It also aims to review the use of powers that do not require reasonable suspicion to order a stop and search, such as Section 60 of the Criminal Justice and Public Order Act 1994, and to ensure effective monitoring and accountability are employed in conjunction with Stop and Search powers. In addition, it aims to promote more effective methods of policing that do not have the same impact on civil liberties and community relations.[2][3]
StopWatch began formation in the summer of 2010 in response to concerns about the use of a variety of stop and search powers. Following a ruling by the European Court of Human Rights that the power to search people without suspicion was illegal, amendments to Section 44 powers were proposed by the new Home SecretaryTheresa May.[4] Previously, police officers were, in certain defined areas, able to use anti-terrorism legislation to stop people without requiring reasonable suspicion that they were actually involved in terrorism.[5] Under the new proposals, police officers would no longer have this license. However, StopWatch has drawn attention to changes to the Police and Criminal Evidence Act 1984 which would remove requirements for the collection of key data such as name, and whether any injury or damage resulting from the incident.[6][clarification needed]
StopWatch was officially launched on 18 October 2010 by the Jesse Jackson at King's College London.[7] Reverend Jackson has previously addressed similar issues in the US with his Rainbow PUSH coalition in New York.
One of StopWatch’s key targets is a 50% reduction in dis-proportionality in stop and search figures. Since StopWatch formed, statistics were released indicating that Black people were 26 times more likely to be stopped and searched.[8] Members of StopWatch have stated that their aim is not to eliminate stop and search powers per se, but rather to help create a more responsible, and measured approach to its use and Police officers’ interaction with the public generally.[2]
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or formulation for probable cause. One traditional definition, which comes from the U.S. Supreme Court's 1964 decision Beck v. Ohio, is when "whether at [the moment of arrest] the facts and circumstances within [an officer's] knowledge and of which they had reasonably trustworthy information [are] sufficient to warrant a prudent [person] in believing that [a suspect] had committed or was committing an offense."
The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996. It also replaced parts of the Criminal Justice Act 1998. The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts. The stop-and-search powers under section 44 of the Act have been ruled illegal by the European Court of Human Rights.
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England and Wales, Scotland, and Northern Ireland. Most law enforcement duties are carried out by those who hold the office of police constable of a territorial police force.
In England and Wales, the sus law was a stop and search law that permitted a police officer to stop, search and potentially arrest people on suspicion of them being in breach of section 4 of the Vagrancy Act 1824. According to a 2018 study in the British Journal of Criminology, stop and search had a marginal impact on crime in the UK.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. Specifically, the decision held that a police officer does not violate the Fourth Amendment to the U.S. Constitution's prohibition on unreasonable searches and seizures when questioning someone even though the officer lacks probable cause to arrest the person, so long as the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. The court also ruled that the police officer may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is "armed and presently dangerous." This reasonable suspicion must be based on "specific and articulable facts," and not merely upon an officer's hunch.
A Police Community Support Officer, or as written in legislation Community Support Officer is a uniformed member of police staff in England and Wales, a role created by Section 38(2) of the Police Reform Act 2002, which was given Royal Assent by Queen Elizabeth II on 24 July 2002. They are non-warranted but provided with a variety of police powers and the power of a constable in various instances by the forty-three territorial police forces in England and Wales and the British Transport Police.
A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur on a bus.
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
The Police and Criminal Evidence Act 1984 (PACE) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.
From 2000 to 2015, the British Parliament passed a series of Terrorism Acts that were aimed at terrorism in general, rather than specifically focused on terrorism related to Northern Ireland. The timings were influenced by the September 11, 2001 attacks and 7 July London bombings, as well as the politics of the global War on Terrorism, according to the politicians who announce them as their response to a terrorism act.
The intellectual property rights on photographs are protected in different jurisdictions by the laws governing copyright and moral rights. In some cases photography may be restricted by civil or criminal law. Publishing certain photographs can be restricted by privacy or other laws. Photography can be generally restricted in the interests of public morality and the protection of children.
An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws.
The powers of the police in Scotland, as with much of Scots law, are based on mixed elements of statute law and common law.
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
Racial profiling by law enforcement at the local, state, and federal levels, leads to discrimination against people in the African American, Native American, Asian, Pacific Islander, Latino, Arab, and Muslim communities of the United States. Examples of racial profiling are the use of race to determine which drivers to stop for minor traffic violations, or the use of race to determine which pedestrians to search for illegal contraband. Besides such disproportionate searching of African Americans and members of other minority groups, other examples of racial profiling by law enforcement in the U.S. include the Trump-era China Initiative following racial profiling against Chinese American scientists; the targeting of Hispanic and Latino Americans in the investigation of illegal immigration; and the focus on Middle Eastern and South Asians present in the country in screenings for ties to Islamic terrorism. These suspicions may be held on the basis of belief that members of a target racial group commit crimes at a higher rate than that of other racial groups.
Beghal v DPP was a 2015 judgment of the Supreme Court of the United Kingdom concerning powers of the police in England and Wales.
In Australian criminal law, reasonable and probable grounds most prominently regulates police officers as a precondition of the exercise of certain powers in their function as enforcers of the law. Based on Australian common law, it is a prerequisite of most police powers. In Canada, it is defined as the point where probability replaces suspicion based on a reasonable belief; reasonableness is a legitimate expectation in the existence of specific facts, and the belief in individual circumstances can be "reasonable without being probable." Less-clearly defined in Australia, it depends on the circumstances of a case and often involves an assessment of the circumstances of a potential crime.
Public Order Act 2023 is an Act of the Parliament of the United Kingdom which gave law enforcement agencies in the United Kingdom greater powers to prevent protest tactics deemed "disruptive" such as those used by climate protestors. It received Royal Assent on 2 May 2023.
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