Sgt Scorey is the custody sergeant on duty during a shift when officers have conducted numerous stop and searches under s.1 PACE 1984. She asks DC Cameron about the supervisory requirements under Code A in relation to those searches. Which of the following most accurately states the legal position under Code A para 5?
- ACode A imposes no specific supervisory duties beyond ensuring each search is recorded - supervision of stop and search is a general operational management function not governed by Code A.
- BCode A para 5 requires supervising officers to monitor the use of stop and search powers, scrutinise records for potential disproportionality, and take action where there is evidence of unjustified use - including giving feedback to officers where searches were conducted without proper grounds.
- CCode A para 5 requires an officer of at least inspector rank to review stop and search records on a daily basis to identify patterns of disproportionate use.
- DCode A para 5 requires each stop and search to be reviewed by a sergeant before it is recorded - no search record is valid without supervisory sign-off.
Show answer and explanation
Code A para 5 sets out supervisory duties in relation to stop and search. Supervising officers must monitor the exercise of stop and search powers by officers under their command and must scrutinise the records for evidence of disproportionate or unjustified use. Where a supervisor identifies that a search was conducted without proper grounds, they must give feedback to the searching officer and take appropriate action. The duty is ongoing and proactive - not simply reactive. Any supervising officer is subject to these obligations - not just inspector rank.
- A: Code A para 5 specifically imposes supervisory duties that go beyond general management. The obligations to scrutinise records, identify disproportionality, and give feedback are express requirements of the Code.
- C: The supervisory duties under Code A are not limited to inspector rank. Any officer in a supervisory role is subject to Code A para 5 obligations. The duty is also not limited to a daily review - it is an ongoing obligation.
- D: There is no requirement for supervisory sign-off before a search is recorded. The officer conducting the search makes the record. Supervisory review takes place after recording, not as a precondition to it.