police powers Flashcards

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1
Q

stop and search sc 1 of PACE

A

a PC can stop,detain and search any person or vehicle in public if they have reasonable grounds to believe they are in possession of stolen or prohibited articles

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2
Q

stop and search sc2 of PACE

A

PC have to give details to suspect of who they are and reason for the stop and search
Osman v dpp- police did not give name and station so breached pace

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3
Q

stop and search sc3 of PACE

A

a report must be written afterwards

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4
Q

code A stop and search

A

what is reasonable grounds
never for personal factors
should be for intelligence and information
Such as clothes,age,gender, can also come from behavior

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5
Q

stop and search sc60 of CJPOA

A

CJPA allows a police officer to stop and search without reasonable grounds for a certain period of time

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6
Q

custody
what are the rights of the detained person

A

sc56 PACE- the right to have someone informed of arrest
sc58- right to access a solicitor (r v samuel)
sc60- recording/audio interviews
Right to an adequate cell

sc41- custody time limits
24 hours
36 hrs senior police officer
96 hrs magistrates

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7
Q

what is code c for custody

A

police need to tell a suspect why they have been detained
custody officers need to record and report

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8
Q

Stop and search
Searches

A

Can only ask to remove coat, jacket and gloves if wanted more must be out of public view

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9
Q

Terrorism act for stop and search

A

Police are given more powers than in PACE
Such as removing headgear or shoes

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10
Q

Arrest

A

The police may arrest anyone they reasonably suspect of committing an offence

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11
Q

Sc 24 pace
Arrest

A

Arrest can be made without a warrant if:
Someone is about to commit an offence
Someone is in the act of committing an offence
Has reasonable grounds for suspecting they are about to commit and offece
Has reasonable grounds for suspecting they are committing an offence

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12
Q

Necessity test

A

Must have reasonable grounds to believe it is necessary to arrest:
To enable the persons name and address to be ascertained
To allow prompt and effective investigation of the offense
To Prevent disappearance of person
To prevent person- causing physical injury,damage, an offense of public indecency , obstruction a highway

Richardson v ccowm

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13
Q

Code G- arrest

A

Provides guidelines for arrest
Police officer is required to inform they they have been arrested and the circumstances for the arrest
Explain that they are not free to leave
Cation as to their rights

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14
Q

Other powers of arrest

A

Breaching police bail
Breach of the peace

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15
Q

Breaching police bail

A

Sc46 gives the police the right to arrest without a warrant for anyone released on bail or failing to attend a police station

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16
Q

Breach of the peace

A

Must be a real threat to the peace
Must come from the person
The conduct must have interfered with the rights of others
The conduct must be unreasonable
R v Howell