HUMAN RIGHTS - POLICE POWERS Flashcards
(23 cards)
INTRODUCTION FOR A POLICE POWERS QUESTION <3
- Prior to 1984, weren’t governed by statute
- Led to miscarriages of justice e.g. Guildford 4 + Birmingham 6, where Art 6 was breached :(
- Lack of uniformity, police also had too many powers :(
- Phillips commission (royal commission) aimed to rectify
- Led to Police and Criminal Evidence Act 1984 and the CPS
- s66 PACE = codes of practice
INADMISSIBILITY OF EVIDENCE
PACE!!! s76-78
- s76 = Inadmissible when gained via oppression. R v Fulling - telling a woman her partner was being unfaithful doesn’t amount to oppression. HOWEVER R v Paris, a 13 hour interview with constant shouting was oppressive. s76(4) = Doesn’t affect the admissibility of any facts discovered as a result
- s77 = Any confession made by a vulnerable person without an appropriate adult present may be inadmissible. Vulnerable - 17 or under
- s78 = Catch-all - allows court to refuse evidence if the admission would have an adverse effect on the fairness of the proceedings. R v Canale 1990 - court refused to accept interviews that were written up after the fact
INADMISSIBILITY - s76
- Gained via oppression
- R v Fulling - confession acquired by telling a woman her partner was unfaithful wasn’t oppression
- R v Paris - a 13 hour interview where the police shouted at the suspect who denied involvement over 300 times, shockingly, is oppressive
s76(4) = Doesn’t affect the inadmissibility of any facts discovered as a result of the interview
INADMISSIBILITY - s77
Any confession made by a vulnerable person without an appropriate adult present may be inadmissible. Vulnerable - 17 or under
INADMISSIBILITY - s78
- Catch-all - allows court to refuse evidence if the admission would have an adverse effect on the fairness of the proceedings.
- R v Canale 1990 - court refused to accept interviews that were written up after the fact
POWERS OF STOP AND SEARCH - CODES + WHATEVER
Code A
- Code A paragraph 2.2 =
POWERS OF STOP AND SEARCH - SECTION 1
s1:
- Can perform a search anywhere the public can go
- May search a person or their vehicle
- Needs reasonable grounds for suspecting they will find a prohibited or stolen article
- Can seize said article
- Can be an offensive weapon, or a stolen item
ALSO Public Order Act 2023 = Can be stopped if reasonable grounds for suspecting they have any items for ‘locking on’
POWERS OF STOP AND SEARCH - SECTION 2
s2:
- Must inform the subject of the constable’s name and their police station (and valid evidence they are a constable if not in uniform)
- Must inform of the object of the search
- Must inform of the grounds for the proposed search
- May request removal of coat, gloves or hat. Anything further must be done in a private space, e.g. police van or at the station (Code A)
Osman v DPP - The constable didn’t identify themselves or write a record, s78 inadmissibility
POWERS OF STOP AND SEARCH - SECTION 3
s3:
- Needs to write up a record of the search, preferably in writing
- Must make it on the spot, or as soon as possible, then give it to the subject of the search
- Contains the object, the grounds, the date and time, and the place it occurred
HUMAN RIGHTS ISSUES, STOP AND SEARCH
dude idk
SEARCH OF PREMISES CODE
Code B
SEARCH OF PREMISES CASES N ACT N WHATEVER
Search with a warrant: s8
- Warrant from magistrates
- Suspicion of an indictable offence, and there is material on the premises likely to be relevant evidence.
Search without a warrant
- s17 = Urgent situations, e.g. make an arrest, capture a person at large, protect people/property
- s18 = After an indictable arrest, can enter and search premises occupied by the suspect if they believe there is evidence on said premises
- s32 = Same as s18, just for any premises the suspect was on at time of arrest
- s19 = On the premises, police can seize and retain any relevant evidence
POWERS OF DETENTION - CODES
Codes C, D, E and F
- Code C = 3 meals in 24 hrs, 8hrs continuous rest, clean cell, reasonable toilet breaks
POWERS OF DETENTION - CASES n’ STUFF
s36-40 = CUSTODY OFFICER
- s36 = All stations require a custody officer
- s37 = Pre-charge = open a custody record, decides if there is sufficient evidence to hold in custody, give bail or release
- s38 = Post-charge = will decide if bail given
- s40 = Review of police detention after 6 hours then every 9 hours
s41-44 = DETENTION WITHOUT CHARGE
- s41 = Initial maximum holding time is 24 hours. If a summary offence, they must be released after this point
- s42 = Held up to 36 with permission from superintendent (Triable-either-way or indictable)
- s43 = Permission from magistrates for over 36 (Indictable only)
- s44 = Maximum detention without charge is 96 hours
s56 = Right to a phone call - CAN be legally withheld if it would interfere with the investigation, e.g. they’d call to alert someone
POTENTIAL HUMAN RIGHTS BREACHES FOR DETENTION???
Article 6 = Fair trial
Article 8 = Respect for private and family life, home and correspondence
INTERVIEWS - CODES
C, D, E, F (again??)
INTERVIEWS - CASES n’ STUFF
s57 = Right to an appropriate adult when you have a vulnerability (17 or under, mental disorder)
s58 = Right to legal advice (CAN be withheld if it WOULD interfere with the investigation, for up to 36 hrs. Not ‘may’ interfere.)
s60 = Interviews must be recorded via video or audio
Right to Silence = abolished by Criminal Justice and Public Order Act 1994. Suspects can’t be forced to speak, but jurors are allowed to draw inferences from silence
R v Samuel = Suspect was detained but refused access to a solicitor. Held that that was unjustified, and his confession was inadmissible in court as a result
R v Grant = Interference in the right to a solicitor was so serious that his murder conviction was quashed
INTERVIEWS - POTENTIAL HUMAN RIGHTS BREACHES
idk, probably these again
Article 6 = Fair trial
Article 8 = Respect for private and family life, home and correspondence
POWERS OF ARREST CODE
CODE G!!!
POWERS OF ARREST CASES n’ STUFF
Arrest with warrant = Magistrates give warrants, gives constables the power to enter a property to enforce it
Arrest without a warrant!!!
- s24 PACE, as amended by s110 Serious Organized Crime and Police Act (SOCPA) = Reasonable grounds for suspecting someone has, is, or will commit an offence. Subjective to the officer (genuine suspicion) but also objective (must be reasonable grounds for forming this, O’HARA)
- s24(5) = Necessary to arrest to prevent injury, to protect a vulnerable person, to allow prompt and effective investigation of an offence
- s28 PACE = Caution must be read
- Taylor v Thames Valley Police = Caution can be said in any way that is understandable to the defendant
- s30 PACE = Must be taken STRAIGHT to police station so they don’t talk w/o legal representation
POWERS OF ARREST HUMAN IRGHTS ISSUES????!!!?!?!?!?!!
Article 5 = right to something
SEARCHES AND SAMPLES - CODES
C, D, E, F
SEARCHES AND SAMPLES (AT THE POLICE STATION) - CASES n’ STUFF
s54 = Non-intimate searches done to prevent injury, search for evidence, prevent escape, record property
s55 = Intimate searches must be:
- Authorised by superintendent
- Must have reasonable grounds an article would cause injury, or class A drugs are concealed
- Carried out by doctor or same sex officer
s61 = Taking fingerprints can be done w/o consent
s61 = Intimate samples include:
- Dental impression
- Blood, semen, urine
- Pubic hair
- Swab anywhere except mouth
- Consent REQUIRED
s62 = Non-intimate samples include:
- Hair taken from root
- From nail or under nail
- Mouth swab, saliva
- Skin impression (footprint)
- Consent asked, not necessary
S & Marper v UK =
- Related to retention of fingerprints & DNA
- UCtHR found blanket retention from innocent persons breaches art. 8
