{"id":3918,"date":"2023-05-25T06:35:01","date_gmt":"2023-05-25T06:35:01","guid":{"rendered":"https:\/\/safeguardinghub.co.uk\/?p=3918"},"modified":"2023-07-28T18:01:57","modified_gmt":"2023-07-28T18:01:57","slug":"missing-adults-the-law","status":"publish","type":"post","link":"https:\/\/safeguardinghub.co.uk\/missing-adults-the-law\/","title":{"rendered":"Missing Adults \u2013 the law"},"content":{"rendered":"
There is always a reason why an adult will go missing. Many are vulnerable and at risk, whilst others just need to \u2018drop out\u2019 for a while, in circumstances that pose no danger to themselves or others. Approximately 90,000 adults are reported missing to the police each year, but exactly what powers do police have when a missing adult does not want to be found and return to their family or friends? The simple truth is that legal powers relating to missing adults are extremely limited.<\/p>\n<\/div>\n<\/div>\n<\/div>\n
It is generally accepted that police officers can stop and talk to people in the street or in any public place in the course of exercising their duties, and that members of the public should assist the police where at all possible. Police might speak to the public for a variety of reasons including: to warn people of a certain crime type in the area, to establish community concerns, identify whether a person witnessed a crime or to speak to them because they may be acting suspiciously. Most people do not object to being stopped by a police officer and being asked a few questions. However, in the majority of cases, there is absolutely no obligation on a person to speak to the police or provide any personal details about themselves. This means a person can remain completely silent or simply walk away. This applies to an adult who has been reported missing to the police, even where they have been circulated as missing on the Police National Computer (PNC).<\/p>\n
There are some exceptions to this general principle. Where a person is suspected of committing an offence, withholding personal details will prevent them being summonsed for an offence and could therefore make them liable to arrest. There is also legislation that covers withholding information in certain types of situations e.g. where a person harbours an offender by withholding or presenting misleading information, or where a person is involved in anti-social behaviour; or where a person is stopped driving a motor vehicle.<\/p>\n\t\t\t\t<\/div>\n\t\t\t<\/div>\n\t\t<\/div>\n\t\t<\/div>\n<\/div>\n<\/div><\/div>\n
Police powers to \u2018Stop and Search\u2019 are mainly controlled by the Police and Criminal Evidence Act (PACE) 1984 and the accompanying Codes of Practice. A police officer must have reasonable grounds to suspect that a person has in their possession a stolen article, an offensive weapon, a prohibited article, a prohibited firework or a bladed or sharply pointed instrument. The power to search for drugs comes from the Misuse of Drugs Act 1971 which provides a police officer with a power to stop and search a person if the officer has reasonable grounds to suspect that person of possessing a controlled drug. Police officers have to follow certain rules when conducting the search, including informing the person they are being detained for the purpose of a search, the object they are searching for and the grounds for suspicion.<\/p>\n
There are also powers to search under the Terrorism Act 2000 and the Criminal Justice and Public Order Act 1994. \u00a0An officer may use reasonable force to carry out a search, but only where it becomes necessary to do so.<\/p>\n
So, what about a missing person? Well a missing person has the same rights as anyone else and unless any of the above criteria apply, then police cannot simply search a person because they believe a person has been reported missing. If a police officer believes a person is missing and wants to confirm their identity, then asking them to turf out their pockets, or searching that person for forms of identification would be unlawful.<\/p>\n\t\t\t\t<\/div>\n\t\t\t<\/div>\n\t\t<\/div>\n\t\t<\/div>\n<\/div>\n<\/div><\/div>\n