PACE 1984

Question 1

What is the main act containing police powers?

Answer 1

PACE 1984

Police and Criminal Evidence Act

Question 2

5 main areas of police powers

Answer 2

1. Stop and search
2. Arrest
3. Detention and interrogation
4. Admissibility of evidence
5. Police complaints

Question 3

Code A

Answer 3

Stop and search-powers must be used fairly, with respect and without discrimination (no personal reasons)

Question 4

Code G

Answer 4

Arrest-must have reasonable suspicion and consider necessary to arrest a suspect lawfully

Question 5

R v Metro Police

Answer 5

Kettling used as a last resort, when an imminent breach of peace

Question 6

Rice v Connolly & Ricketts v Cox

Answer 6

(Stop and question)

Rice v Connolly-People are free to refuse to answer unless arrested.

Ricketts v Cox-Suspect was abusive and hostile. Guilty of obstructing a police officer in the execution of his duty.

Question 7

Arrest A5(2)

Answer 7

5(2)
informed promptly
language he understands
reason for arrest

Question 8

R v Samuel

Answer 8

Conviction quashed as was denied right to see a solicitor.

Question 9

Brogan v UK

Answer 9

Suspected terrorists held for 4 days 6 hours before brought to a judge. Too long, breach of A5

Question 10

S1 PACE

Answer 10

Stop and Search

Can search persons or vehicles if reasonable suspicion (2 stage test)

Question 11

Reasonable suspicion 2 stage test

Answer 11

• Genuine suspicion

- Suspicion object will be found must be reasonable

Question 12

Officer proceedings before SEARCH and section number?

Answer 12

S2:Before search officer must

• identify themselves
• station they’re based
• grounds for search
• provide identification

Question 13

What case related to S2 PACE, and what happened?

Answer 13

Osman v DPP

Search unlawful as had not stated names despite shoulder number displayed.

Question 14

S3 PACE

Answer 14

Written record must be made at time of search, and copy given.

Question 15

When can police retain items? What section contained in?

Answer 15

S8-Search with warrant-police can retain items to prevent loss, destruction or concealment

Question 16

Police powers under S17 PACE

Answer 16

Police can enter and search to make arrest (without warrant)

Question 17

Code B and what it outlines

Answer 17

Search of Premises

• Made in reasonable time
• Reasonable force used
• Show courtesy to property and privacy of occupier

(2Rs 1C)

Question 18

When can police arrest without a warrant? (3) S24

Answer 18

If necessary to do so. If:

• reasonable grounds to believe suspect is committing, about to commit, or has committed an offence
• reasonable grounds to suspect guilt
• arrest is necessary

Question 19

O’Hara v Chief Constable

Answer 19

Developed 2 stage test for reasonable suspicion for arrest

• Actual suspicion (objective)
• Ground for that suspicion (subjective)

Question 20

What act allows stop and search for drugs if reasonable suspicion?

Answer 20

Misuse of Drugs Act 1971 S23

Question 21

What act allows stop and search for reasonable suspicion of terrorism?

Answer 21

Terrorism Act 2000

Question 22

Anti Terrorism Crime and Security Act 2001

Answer 22

Home secretary can secretly authorise police to carry out S&S’ in fight against terrorism

Question 23

How do police apply for warrant for arrest

Answer 23

S1 Magistrates court act 1980

Question 24

When is arrest “necessary to do so” for S24

Answer 24

To protect others

Question 25

S28

Answer 25

Procedure on arrest-informed promptly, grounds for arrest and read caution

Question 26

Abbasy

Answer 26

No set form of words needed. Your nicked is fine

Question 27

S18, 32and S19

Answer 27

S18-After arrest, police can search premises owned by suspect if reasonably believe evidence is there

S32-same as 18 but for searching area where person was immediately before arrest

S19-Once lawfully on premises, seize and retain items

Question 28

S117

Answer 28

Police can use REASONABLE force for arrest

Question 29

S78

Answer 29

Refuse evidence that adversely affects a fair trial (Gafgen v Germany)

Question 30

R v Latif & Shahzah-entrapment no defence (got set up to deal heroin)