Police Powers Flashcards
(7 cards)
1
Q
Stop + Search
A
- S.1-2 PACE 1984 + Code A Police Codes
- Power to search people/vehicles on street must have grounds to believe they will find prohibited items
–> Objective test for reasonable grounds (facts, info, intelligence)
–> Can only search vehicle, bags and outer clothing layers - Cannot be based on appearance, clothing, age, gender, ethnicity, previous criminal record
- Must give reasons for search unless:
–> Blanket search S.50 CJPOA 1994 = due to reasonable suspicion of prohibited items in the area
–> Random searches S.44 Terrorism Act 2000 = due to reasonable suspicion for the area - S.2 = must provide police station and number
- S.3 = must provide written record of search
- Not obliged to answer question, refusal not constitute obstruction (Dice v Connelly)
- Failure to comply with police process = unlawful search + inadmissible evidence
2
Q
Enter + Search premises
A
- S.16 PACE = Entry and search with a warrant which has been issued:
–> S.17 = following reports of a disturbance
–> S.18 = following an arrest
3
Q
Arrest
A
- S.24 PACE 1984 (amend SOCPA 2005) + Code G
- x2 part test for lawful arrest (O’Hara)
–> Reasonable grounds (suspicion suspect has/is/is about to commit an offence)
–> Necessary (won’t give name/address, to prevent damage to person/property, to allow for investigation, to stop suspect escaping) - Reasonable force allowed
- S.28 PACE 1984 = must inform of arrest/reason in understood language
–> No specific wording needed (Taylor)
–> Failure to inform = false imprisonment (Christie v Leachinsky) - S.34 CJPOA 1994 = caution adverse inference of right to remain silent
- Must be taken to police station as soon as possible
4
Q
Detention (PACE)
A
- S.58 = right to consult solicitor
–> Delay up to 36 hours by senior officer (if delay proven to prevent harm/interference with evidence/witnesses (Murray, Averill, Samuel) - S.56 = right to inform someone of their arrest (Samuel)
- S.36 = duty of custody officer
–> Inform suspect of rights
–> Book suspect into custody at police station
–> Start custody clock
–> Keep custody record
–> S.40 = review after 6 hours then every 9 - Right to see police codes and ask for CO review
- S.41 = Max time for being detained = 24 hours
–> S.42 = superintendent can authorise 36
–> S.43 = Mags can authorise 72
–> S.44 = Mags can further authorise 96 - S.60 = right to warm, well ventilated cell, 8 hours cont rest in 24 hours, regular food + drink
5
Q
Interviewing
A
- S.60 PACE = recorded, seated, reg breaks
- Right to solicitor in interview (delay in exceptional circumstances)
- Right to remain silent (S.34 CJPOA 94 = ad inf)
- Code C = U17’s/learning difficulties must have parent/carer/social worker present
6
Q
Samples + Searches
A
- S.55 PACE = suspect searched on arrival
- Searches
–> Strip searches = same sex officer, remove top/bottom at a time
–> Non-intimate = mouth
–> Intimate = any oth orifice, Dr (same sex officer if urgent), superintendent authority, reasonable grounds for believing article would cause injury/class A drug is concealed, consent not needed - Samples
–> Non-intimate = no consent (S.61+63), special permission: finger prints, hair, nails
–> Intimate = consent needed (S.62), special permission: blood, semen, saliva
–> DNA = cannot be retained indef without conviction (Marper v UK), only retain with indictable conviction (LASPO 2012)
–> CJCSA 2000 = allow compulsory drug testing
7
Q
Action against police
A
- Rule of law = no man above law (inc PA)
- Police have power to limit Art 5 in accordance with law/PACE/police codes
- Breach Art 5 = make complaint within 1 year to MP/local public authority which refers to IPCC to send to CPS, civil action in High Ct for compensation
- Remedies = apology, explanation, policy change, CPS, disciplinary action, judicial review
- Could sue for = trespass of person/goods, false imprisonment, malicious prosecution, Race Relations (amend) Act 2000, HRA 1998, complain to IPCC
