Police Powers

Question 0

What does PACE Section 1 state?

Answer 0

Police have the right to detain and search people and vehicles in public places if they believe the stopped person (or vehicle) has stolen goods, offensive weapons or prohibited articles

Question 1

What does the PACE act 1984 cover?

Answer 1

Police powers of Stop and Search, Arrest, and Detention

Question 2

What are reasonable grounds for a police stop and search?

Answer 2

Stolen goods
Offensive weapons
Articles for criminal activity
Pointed or bladed weapons

Question 3

What does paragraph 2.2 state?

Answer 3

Someone’s age, colour, hairstyle, manner of dress or previous convictions are NOT grounds for stop and search.

Question 4

What does PACE section 60 state?

Answer 4

That police can stop and search anyone, regardless of appearance, in times of extreme panic or crisis

Question 5

What must an officer say before a stop and search?

Answer 5

Their name, station, and grounds for searching.

This is to protect the individual.

Question 6

What articles of clothing can an officer legally ask a member of the public to remove on the street?

Answer 6

Jackets, Outer clothing, or Gloves. (JOG)

Question 7

What happens if police Stop and Search a presumed terrorist?

Answer 7

They have wider powers.

i.e. Don’t have to stick to J.O.G. etc.

Question 8

What must an officer give someone who has been stopped and searched?

Answer 8

A written report, as soon as reasonably practicable

Question 9

How long can a suspect be detained for?

Answer 9

A reasonable amount of time

Question 10

When police arrest someone, what grounds do they need?

Answer 10

That it is necessary for the suspect to prove their name
It’s necessary for the subject to prove their address
It’s necessary to allow investigation of offence.

Question 11

What other ground do the police need to arrest someone?

Answer 11

Belief that:
+ a crime is happening
+ a crime will happen
+ a crime had already happened

Question 12

What are the statutory powers of arrest?

Answer 12

Police can arrest a driver for a positive breathalyser test

Police can arrest anyone suspected of attending a “rave”

Question 12

When is a warrant usually issued for an arrest?

Answer 12

Most commonly used when someone absconds from their trial whilst on bail.

Question 13

What has happened to the right to silence?

Answer 13

It has been “Eroded” (in 1994)

Question 15

When must a police caution be given?

Answer 15

Before an arrest and before every interview

Question 16

How must a police caution be administered?

Answer 16

Verbally and physically (police hold)

Question 17

When must an arrested individual be taken to the police station?

Answer 17

As soon as possible.

Question 18

What does the “Breach of the Peace” exception state?

Answer 18

It is a common law right for a civilian to arrest anyone to prevent a breach of the peace.

Question 19

What are the 3 rights a detained suspect has?

Answer 19

+ Having someone informed of a suspect’s arrest.
+ Being told that independent legal advice is available for free, and being allowed to consult a solicitor
+ Being allowed to consult the code of practice

Question 20

How long (for most offences) can police hold an accused for?

Answer 20

24 hours

Question 21

What do sections 42 and 43 state about detention?

Answer 21

That someone can be detained for up to 36 hours (with authorisation from a Senior Officer).

Question 22

How long can a “Magistrates’ Warrant” extend someone’s detention for?

Answer 22

Up to 96 hours

Question 23

When must reviews occur?

Answer 23

After every 5 hours, and then after every 8.

Question 24

What does section 60 state about detention?

Answer 24

+ All interviews must be tape recorded

+ The accused must be granted 8 hours continuous rest between interviews.

Question 25

What reasonable suspicion needs to exist to authorise a body search?

Answer 25

Suspicion that the accused is carrying a weapon into the police station

Question 26

Who cannot be present in a room whilst a Body Search is taking place?

Answer 26

A member of the opposite gender to the person being searched

Question 27

What is the rule on how much clothing the accused can be legally allowed to remove?

Answer 27

Only half of their clothes at a time

Question 28

Who can authorise an intimate search?

Answer 28

A Senior Officer

Question 29

What samples can be taken without the Accused’s consent?

Answer 29

Fingerprints and Hair Samples.

Question 30

What kind of samples need permission to take?

Answer 30

Intimate samples (this includes blood or tissue).