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Police to get stop and search powers

New powers giving Police the right to stop and search people for stolen and prohibited articles are to be brought in by Government.

They form part of the mammoth Police and Criminal Evidence Act 2005 tabled in the House yesterday.

Years in the drafting, the 118-page bill, which borrows heavily from the UK Police and Criminal Evidence (PACE) Act of 1984, codifies Police powers.

While all sides of the legal fraternity have been calling for the Act, the stop and search provisions could cause controversy.

It gives Police power to stop and search both people and vehicles if they suspect there could be stolen or prohibited articles which are defined as offensive weapons or articles made or adapted for burglary, theft or car theft. Currently Police are only able to stop and search if they have suspicion there are firearms or narcotics while they can also hold up people thought likely to be driving under the influence.

Under PACE the stop and search powers only apply to public places, yards and gardens.

Police must have "reasonable grounds" for believing a suspect has stolen or prohibited articles. And in the case of searches in gardens or yards the officer must believe the suspect to be a trespasser.

A code of practice will clarify reasonable grounds for suspicion and the officer must write the details of his search.

Defence lawyers are likely to welcome the provision forbidding detention without charge after 24 hours - unless someone at least of the rank of Chief Inspector has extended it to 36 hours.

A Magistrates' Court can extend that further but the limit of detention without charge is 96 hours.

A dedicated custody officer, whose sole job will be to monitor prisoners throughout their detention, will review a suspect's case after six hours.

Senior Police officers will be allowed to authorise intimate searches of suspects thought to be concealing harmful objects or drugs as well as to ask suspects to give up intimate samples.

Inferences can be later drawn in court for suspects who don't comply with the request.

And there is provision for the taking of urine or non-intimate samples from those suspected of drugs offences. Failure to comply renders a suspect liable to prosecution.

The PACE bill was tabled yesterday alongside the Bail Act which sets the general principle that accused persons have the right to bail, except for specified reasons.