영국의 경찰과 형사증거법상(PACE)상 경찰의 정지·수색권 - 경찰관직무집행법상 불심검문과 비교를 중심으로 -

Abstract

The powers of the police in England are defined largely by the Police and Criminal Evidence Act 1984(PACE). PACE is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime. PACE specify the stop and search power of police that police can stop and search someone without having a search warrant if they suspect them of being in possession of drugs, an offensive weapon, and stolen property. Before they stop and search, police officers must have reasonable grounds for suspecting that they will find these things. There are a few exceptions to this rule. If a serious violent incident has taken place, the police can stop and search without having reasonable grounds for suspecting that they will find these things. Once they have carried out a search, the police have the power to seize and retain anything that they consider to be relevant to the offence. The officer who has carried out a search must make a written record of that search unless not practicable to do so, either at the time of the search, or as soon as practicable thereafter. A record is required for each person and each vehicle searched. The search record must contain the following information: the date, time and place of the stop and search, the reason for the stop and search , the outcome of the stop and search. The record of the grounds for making a search must explain the reason for suspecting the person searched. A copy of a record made at the time must be given immediately to the person who has been searched.