Double Jeopardy Law
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What is a Section 60 notice?
Under section 60 of the Criminal Justice Act, a section 60 notice can be issued for a specified time and area, during which time police officers do not need a reason to stop and search any individual.
This is an emergency measure and unlike the existing stop and search laws which have guidelines that an officer must follow ‘reasonable suspicion’.
The data shows that Section 60 searches have quadrupled this year; with the number of notices issued rising from 631 in 2017 to 2501 in 2018
There are concerns that the issuing of notices is being abused.
When a senior officer issues a notice, they must
- Specify the time the notice is in place – it is recommended that the notice should be for no more than 15 hours.
- The details of the notice should be publicised where possible.
- Give a reason for the notice being issued.
London is the biggest issuing police authority with the majority of the increase in Section 60 stop and search incidents being driven by the Metropolitan Police, who carried out 73% of all Section 60 searches last year as a tool to restrict gang violence.
The Metropolitan Assistant Commissioner Martin Hewitt says the use of Section 60 is an important way of preventing gang violence; the notices are issued based on intelligence and a likely threat of violence.
It is clear that section 60 notice is an important tool for the police especially when existing stop and search rules are not feasible, a concern is that around 2000 section 60 notices have been issued in the capital over the last year around 6 per day, that level may be necessary, but are they working? Would the number of deaths and injuries be substantially higher without them?
Opponents to the notices say they are being used indiscriminately and that only 0.32% of searches result in an arrest. Stop and search and the associated powers are the number one cause for mistrust of the police, however, most people would be in favour if they did prevent violence; being stopped and searched is a small inconvenience to prevent crime and the use of weapons, but are there alternatives?
The PM was an opponent of the stop and search rules whilst Home Secretary but now it looks certain the rules will be relaxed, if this is a solution then great, but is it just a Band-Aid? I am sure it comes down to money, Government funding needs to be in place to tackle these problems, preventing a crime sometimes takes years of work a change in culture, improvement of opportunities and the environment. Unless the causes of the problems are fixed, solving the symptoms will surely only be a temporary fix.
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