Police Powers

Question 1

PACE

Answer 1

Police and Criminal Evidence Act 1984

Question 2

What doe Pace create?

Answer 2

Code of conduct police have to stick to

Question 3

Confait case

Answer 3

male prostitute killed, 3 educationally sub normal boys under 18 convicted of murder. Treated poorly by police and fabricated evidence.

Question 4

What led to the creation of PACE

Answer 4

miscarriages of justice e.g. Confait

Question 5

How many codes of conduct?

Answer 5

8

Question 6

COC - A

Answer 6

stop and search

Question 7

COC - B

Answer 7

Searching premises and seizing property

Question 8

COC - C

Answer 8

Detention, treatment and questioning of persons by PC

Question 9

COC - D

Answer 9

The exercise by police statutory powers to identify persons

Question 10

COC - E

Answer 10

Audio recording interviews with suspects

Question 11

COC - F

Answer 11

Visual recording with sound of an interview

Question 12

COC - G

Answer 12

Statutory powers of arrest

Question 13

COC - H

Answer 13

Detention, treatment and questioning by PC under Terrorism Act 2000

Question 14

Rice v Connolly

Answer 14

Did not give forename, address or accompany PC to requested place

No strict/general legal duty to assist a PC prior to possible arrest

Question 15

Section 1 of PACE

Answer 15

Police can stop and search persons/vehicles under reasonable grounds and must take place in public

Question 16

Section 23 of Misuse of Drugs Act 1971

Answer 16

Police can stop and search any person/vehicle if they have reasonable suspicion that they’ll find controlled drugs.

Question 17

Under what act do police not need reasonable suspicion

Answer 17

Terrorism Act 2000

Question 18

Section 2 PACE

Answer 18

During stop and search PC must identify themselves, station and grounds for carrying out

Question 19

R v Bristol

Answer 19

PC did not provide necessary info in stop and search.
Evidence inadmissible in court

Question 20

Section 3 PACE

Answer 20

Police must make written record of search

Question 21

Who do police apply to for search warrant

Answer 21

Magistrates

Question 22

Section 8 PACE

Answer 22

Gives power to apply to magistrate for search warrant

Question 23

Section 17 PACE

Answer 23

Police may enter to make arrest with/without warrant and capture unlawfully at large person or protect people.

Question 24

Arrest without a warrant

Answer 24

Section 24 PACE

Question 25

O'Hara v UK

Answer 25

confirmed the 2 part test

Question 26

Section 117 PACE

Answer 26

Officers can use reasonable force to arrest

Question 27

Section 30 PACE

Answer 27

suspect must be taken to police station as soon as possible after arrest

Question 28

Section 36 PACE

Answer 28

Custody officer has to decide whether there is enough evidence to charge the suspect

Question 29

Section 38 PACE

Answer 29

Grant bail

Question 30

Section 40 PACE

Answer 30

detention renewed after 6 hours and every 9 hours by custody officer

Question 31

Section 41 PACE

Answer 31

detention without charge for up to 24 hours and can be inc to 36 in s42

Question 32

Section 44 PACE

Answer 32

Max period of detention is 96 hours on approval of magistrates

Question 33

Section 55 PACE

Answer 33

police can give intimate search when given authorisation from inspector or higher

Question 34

Section 61 and 61A PACE`

Answer 34

fingerprints and footprints can be taken

Question 35

Section 62 PACE

Answer 35

Intimate samples taken

Question 36

Section 63 PACE

Answer 36

Non - intimate samples taken

Question 37

Section 64 PACE

Answer 37

DNA info extracted and put on national DNA database

Question 38

S and Marper v UK

Answer 38

ECtHR ruled it was a breach of article 8 to retain DNA indefinitely if there was no conviction

Question 39

Section 56 PACE

Answer 39

suspect has right to have someone informed of their arrest.

Question 40

Section 57 PACE

Answer 40

vulnerable suspects must have appropriate adult during questioning

Question 41

section 58 PACE

Answer 41

Consult solicitor

Question 42

Section 60 PACE

Answer 42

Police must make record of interviews

Question 43

R v Grant

Answer 43

Murder conviction quashed due to interference with right to consult a solicitor

Question 44

Where to put a complaint in against police

Answer 44

Independent Office for Police Conduct

Question 45

What remedies can be given from IOPC

Answer 45

apology, explanation, damages, change in policy