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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 81060
Experience:  Over 5 years in practice
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In August we made a complaint against police officers as

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In August we made a complaint against police officers as without reasonable grounds they stopped, searched and handcuffed my son. The complaint was logged and a local investigation is ongoing. After repeatedly asking for a copy of the stop and search record last week we were finally informed that the officers did not record the stop and search. We were told they would be served with a ‘notice of investigation’ to find out why PACE was not complied with.Shockingly we were informed yesterday by the investigation officer that the stop and search has now been recorded, nearly 2 months after the incident.Is this lawful?How can the information now be accurate.
The investigatiing officer is dragging his heels and now says that he needs to get a very detailed statement from my son before he can question the officers involved even though he told us 2 weeks ago that he would question them. We made our written complaint 3 months ago and he acknowledges PACE was not adhered to. It seems they are trying to wear us down so that we will drop the complaint. My son has been traumatised by the incident especially being put in handcuffs.What can be done about the police officer completing a search and stop record 2 months after the incident?Does my son have to give any more statements?

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 2 days ago.
No

Sorry if I'm missing the point, but what are you hoping to achieve?

Customer: replied 2 days ago.
I Want to know if it’s legal for a police officer to record a stop and search 2 months after the incident?
Customer: replied 2 days ago.
Have you not seen my initial question about the police stop and search?

Thanksfor the information

It's perfectly legal unless heback dated it or lied in some way. Making a record after the search is fairlynormal. Obviously this would drain upon his memory if that's a relevant factor.

This is not really a groundfor a complaint in and of itself

Is there more to this though? I am not sure what your issue is? Not recording the stop and search is a nonissue if it was otherwise done lawfully.

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo

Customer: replied 2 days ago.
We were initially told there was no record of the stop and search. Only after we complained about the stop and search and a local police investigation began did the officer concerned make a record of it 2 months later. A record should have been made at the time of the stop and offered to my son not 2 months later. I wanted to know if this is lawful

Yes.

I'm not sure what your complaint is? The fact they didn't record it goes to procedure, not law. It would be harder to prove that a stop and search was made or for what reason.

But its really a non issue.

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