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In the week it has been ruled unlawful…

…Sussex PCSO's issue two schoolboys with stop and search forms for damage they didn't cause.

Sledging 12 year-old Jacob Mogre and Charlie Stakim, 11, were about to start sledging down a hill in West Sussex, when, as explained by the Daily Mail:

…they were beckoned by two police community support officers (and) asked why they were not in school and then quizzed about damage to a nearby fence.

They politely told the officers they knew nothing about the fence, but instead of simply being allowed to carry on playing they were given an official ‘stop and search’ form which they had to sign themselves.

Their parents have now been told the youngsters’ details will now go on a police database.

There are three points to make from this story. The first is in reference to that final line – these are two innocent boys whose details should be immediately binned. They committed no offence and they should absolutely not be added to any database.

The second is that there was simply no need for the PCSOs to issue the 'stop and search' papers. Community policing should be about having friendly chats with the public. The police had no reason to suspect the boys other than the fact they were out sledging. So why not just ask without the paperwork?

Finally, it is cases like this which demonstrate why the ECHR's decision on section 44 needs to be taken up by the government as soon as possible. It is a deeply flawed method of solving or preventing crimes which, more often than not, targets innocent people completely unnecessarily.

By Dylan Sharpe

Posted on January 15, 2010 by Big Brother Watch Posted in Overbearing state
  • http://jess-the-dog.blogspot.com/ Jess The Dog

    Identify and name the PCSOs involved. The parents should be able to do this. I will post their names on my blog as well as images if they are available.
    Public accountability…..
    In the meantime, can those subject to stop and search refuse to comply? I’m talking about real cops, not PCSOs who can be ignored anyway.

  • LeChiffre

    Dylan – what’s a ‘stop and search’ form and what happens if one refuses to sign?

  • Chris H

    Makes no difference if you refuse to sign. Only difference you can make is by refusing to answer questions required to fill
    in the form.

  • LeChiffre

    @Chris H
    And if you refuse to answer questions, I assume you get arrested for obstruction or something and then swabbed for DNA, fingerprinted and turned into a marked man: is that what happens?

  • Chris H

    Should really depend upon the reason you are being stopped. For a regular “encounter” form, or a S1 PACE stop and search, you do not have to provide details. Obviously refusal to cooperate may arouse further suspicions.
    If the officer is reporting you for an offence, then yes – you can be arrested if you refuse to provide details or the officer believes the details are false.
    I think the above also applies to dispersal orders too (forgot which section/law that is) and I assume S44 of Terrorism Act also provides officers with greater powers.
    Anyone reading please feel free to correct any mistakes.

  • Chris H

    @Jess the Dog
    With S1 PACE stop and search, you do not have to supply details but you cannot refuse to be searched. Do so and you’ll be taken to the station where you’ll be searched.

  • J. Swale

    Please correct this understanding if it is wrong, but is it not the case that PCSOs have NO power to issue stop and search UNLESS under the supervision of a duly sworn police officer ?
    http://www.pcsos-national.co.uk/page3.html