Complex concept of reasonable suspicion

The criterion of reasonable suspicion or, more properly, of reasonable grounds to believe or suspect, is the legal threshold for the exercise of almost all the coercive powers available under PACE and other relevant legislation, and for the non-coercive powers contained in PACE such as delaying the detained person`s right to consult with a solicitor. Magistrates and senior police officers who may authorise the exercise of certain powers must also be satisfied that there are reasonable grounds to believe that the exercise of those powers is justified. In the absence of reasonable grounds to believe or suspect, the exercise of those powers is not permitted and any consequential interference with the liberty of the individual is unlawful. The importance of the criterion cannot therefore be overstated.

‘Believe’ or ‘suspect’

Two formulations of ‘reasonable grounds’ are used in PACE and NI Order.

(A) Reasonable grounds to believe is used, for example, in respect of:

(a) the issuance of warrants to search premises (S 8, Art 10);

(b) the issuance of orders or warrants to produce or search for evidence held in confidence (Sch 1);

(c) the issuance of orders or warrants to detain a person without charge (Ss 42, 43 and 44, Arts 43, 44

and 45);

(d) entry to premises without a warrant to arrest persons or recapture them (S 17, Art 19);

(e) the search of persons or premises following an arrest (S 32, Art 34);

(f) the seizure of evidence found in consequence of a search of premises (S 19, Art 21), or persons (S 32, Art 34);

(g) authorising detention in police custody (S 37 (3), Art 38 (3));

(h) the intimate search of persons in police detention (S 55, Art 56);

(i) the power to delay informing someone of the fact of arrest

(S 56, Art 57);

(j) the power to delay access to a solicitor (S 58, Art 59).

The Criminal Justice and Public Order Act 1994 provides a number of powers which may be authorised or exercised by particular police officers if that officer reasonably believes that statutory requirements are satisfied:

(k) the authorisation by a superintendent or above of the power to stop and search persons or vehicles under the CJPOA

1994, S 60;

(l) the power of the senior officer present to direct trespassers on land and therefor the collective purpose of residing there for any period to leave the land

(CJPOA 1994, S 61);

(m) the power of a superintendent or above to direct that persons making preparations for, gathering to attend or attending an unauthorised rave to leave the land and remove vehicles

(CJPOA 1994, S 63);

(n) the power of a superintendent or above to authorise a constable to enter on to land in order to ascertain whether an unauthorised rave is to take place or to exercise the power under S 63 (above) (CJPOA 1994, S 64);

(o) the power of a uniformed constable to stop a person and to direct him not to proceed in the direction of a gathering which is the subject of a direction

under S 63 (above) (CJPOA 1994,

S 65);

(p) the power of the senior officer present to direct that a person who is committing, has committed or intends to commit the offence of aggravated trespass leave the land (CJPOA 1994, S 69);

(q) the power of the chief officer of police to apply to the local council to prohibit (in the case of the Metropolitan and City of London Police the power of the Commissioner to prohibit) trespassory assemblies (Public Order Act 1986, S 14A added by the CJPOA 1994, S 70);

(r) the power of a constable in uniform to stop persons and to direct that they do not proceed in the direction of a prohibited trespassory assembly (the Public Order Act 1986, S 14C added by the CJPOA 1994, S 71).

In addition, whenever a power is conditional upon the offence being a serious arrestable offence (as defined by S 116 and Sch 5, Art 87 and Sch 5), the person who is to exercise the power must have reasonable grounds to believe that the offence is a serious arrestable offence.

(B) Reasonable grounds to suspect or reasonable suspicion, on the other hand, is used, for example, in

respect of:

(a) the powe