PACE Flashcards
what governs police powers in the investigation of crime?
PACE 1984 + Pace Codes of Practice
result of officer failing to have regard to PACE?
not liable to criminal or civil proceedings
s.67(10) PACE 1984
what does officer need to do for stop and search?
have reasonable ground for suspicion that he will find stolen or prohibited articles
what makes reasonable suspicion?
- genuine suspicion from the officer (subjective)
2. objective basis for that suspicion (objective)
what does code G require for suspicion?
reasonable, objective grounds for the suspicion based on known facts and information
what does facts and information also refer to?
everything
not just those indicating guilt
what authorises an officer to use force?
s.117 PACE 1984
when may an officer use force?
- provision gives officer that power
- provision doesn’t provide that power needs consent of person other than officer
- then can use reasonable force if necessary when exercising that power
how does court determine what force is reasonable?
consider all the circumstances
circumstances court considers in reasonable use of force?
nature and degree of force
gravity of offence
harm that would flow from using force
what if force results in serious injury?
doesn’t make it unreasonable
what if excessive force is used?
doesn’t make arrest unlawful
when should handcuffs be used?
- reasonably necessary to prevent an escape
2. prevent a violent breach of the peace by a prisoner
what if handcuffs are used unjustifiably?
- constitutes a trespass
2. arrest is still lawful
one interpretation of arrest?
person under compulsion and not free to go as he pleases
test to determine if an arrest happens?
if the person has been deprived of liberty to go where they please
will an arrest necessarily be followed by a charge?
no
what makes an arrest lawful?
- inform them they are under arrest (or as soon as is practicable after arrest)
- inform of GROUNDS of arrest at time of it or as soon as practicable
- inform them why arrest is believed to be necessary
what happens if they are not informed why the arrest is believed to be necessary?
doesn’t make arrest unlawful
what is the test for whether the words used were sufficient in an arrest?
having regard to all the circumstances of case
person was told in SIMPLE, NON-TECHNICAL LANG that he could understand
told the essential LEGAL + FACTUAL grounds of arrest
what else must happen during arrest?
caution
failure to caution?
doesn’t make arrest unlawful
may give grounds for exclusion of evidence
what must officer do regarding everything concerning arrest?
record in pocket book
when must officer make pocket book?
at time of arrest unless it is impracticable
