1) Police Powers

Question 1

What act sets out the codes for police

Answer 1

PACE 1984
- Police and criminal evidence act

Question 2

What are the 3 police codes

Answer 2

Code A - stop and search
Code C - detention and questioning
Code G - Powers of arrest

Question 3

What is the purpose of stop and search

Answer 3

Allows police officers to check out suspicions, without arresting

Question 4

What section of PACE outlines the rights of stop and search

Answer 4

S.1 - right to stop and search people and vehicles in a public place

Question 5

What is defined by ‘public place’ in PACE

Answer 5

• garden, car park etc

Question 6

What must an officer have two stop and search under PACE

Answer 6

• Reasonable grounds

Question 7

What is classed as a prohibited article + further added by what act

Answer 7

• Offensive weapons e.g knives
  SOCPA 2005

Question 8

What section of PACE lays out safeguards for a stop and search + case which didn’t follow

Answer 8

• S.2
• Police officer must give, name, station and reason for each
• Osman v DPP

Question 9

What section of PACE mentions a report being made on stop and search

Answer 9

• S.3

Question 10

If this search is in public what can the police officer ask to be taken off + section

Answer 10

• Outer coat, jacket and gloves
• s.2(9) PACE

Question 11

What section of PACE comments on force of stop and search

Answer 11

• S.117, reasonable force may be used

Question 12

What paragraph of PACE contains guidelines on when stop and search can be carried out

Answer 12

2.2
- ‘Reasonable suspicion cannot be based on personal factors alone’

Question 13

What section of PACE sets out the powers police have to arrest suspects

Answer 13

S.24

Question 14

When does PACE S.24 state an arrest can be made

Answer 14

Anyone who is
a) about to commit an offence
b) act of committing offence
c) reasonable grounds to suspect offence to be committed

Question 15

What test is used to ensure arrests are made lawfully

Answer 15

Necessity test - reasonable grounds to believe it is necessary
e.g to obtain name or address

Question 16

What case did the police overstep the necessity of the arrest and was deemed unlawful

Answer 16

Richardson

Question 17

What dies section s.28 PACE state on arrest

Answer 17

• Police officers must inform person getting arrested as to arrest and why they are being arrested

(can be used as evaluation point)

Question 18

What case stated the language that should be used during arrest

Answer 18

R v Taylor
- non technical language

(can be used as evaluation point)

Question 19

What must happen as soon as anyone is brought to the police station - section

Answer 19

s.30 - Must be brought to custody officer as soon as possible after arrival to station

Question 20

What must the custody officer do which suspect is at station

Answer 20

• Record all events at police station

Question 21

What are the time limits for powers of detention

Answer 21

Summary offences - 24 gours (s.41 PACE)
Indictable - 36 hours with permission of senior officer or above (s.42)

Question 22

In order to detain a suspect for over 36hours what must police do

Answer 22

Apply to magistrates court - s.44

Question 23

What is the max hours of detention mags can issue & how often

Answer 23

96 hours - 1% of cases

Question 24

When does s.40 outline custody officer must do their checks

Answer 24

First review - not be later than 6 hours after detention
- Intervals no more than 9hours

Question 25

What three rights are detainees told and by who

Answer 25

Custody Officer - Right of informing someone of their own arrest - Right to legal advice - allowed to consult code of practice

Question 26

Section and rules of right to having someone informed of your arrest

Answer 26

s.56 PACE - For indictable offences can be delayed up to 36 hours if there are reasonable grounds (R v Samuel)

Question 27

Section for right to legal advice

Answer 27

s.58 PACE - R v Grant

Question 28

Code C detention rights

Answer 28

- cell must be adequately heated, cleaned, lit and ventilated - 2 light meals + 1 main (24hrs) - Drinks at request (help protect our HR, innocent until proven guilty)

Question 29

What section talks about tape recording police interviews

Answer 29

s.60 - Two copies must be made (master copy - sealed, and working copy)

Question 30

If the suspect being interviewed is under 17/mentally disordered or vulnerable , who must be in the room

Answer 30

Appropriate adult

Question 31

What section outline strip searches & rules

Answer 31

- s.54 PACE Not made in public, no member of opposite sex present, not required to take all clothes of at the same time §

Question 32

What section outline intimate searches & rules

Answer 32

- s.55 High ranking PO must authorise, where suspected item which could cause physical injury or class A drug - Does not include the mouth - If drug related carried out by nurse

Question 33

What section states rules on fingerprinig

Answer 33

s.61 - Police will ask for permission but if they refuse police can use reasonable force to obtain

Question 34

What section talks about non-intimate and intimate samples

Answer 34

s.63 + s.62

Question 35

What is the law on retention of samples

Answer 35

The Protection from Freedoms Act 2012 - DNA can only be retained where there has been a conviction