Police Powers

Question 1

What 7 areas are covered under police powers?

Answer 1

• Stop + search
• Enter + search premises
• Arrest
• Detention
• Interviewing
• Samples + searches
• Action against police

Question 2

What section/code covers stop + search?

Answer 2

• S.1-2 PACE 1984
• Code A Police Codes

Question 3

What powers does stop + search afford police?

Answer 3

• Power to search people/vehicles, on the street, with reasonable grounds they will find prohibited items
• Objective test for reasonable grounds (facts, information, intelligence(
• Can only search vehicles, bags and outer layers of clothing

Question 4

What factors can stop + search not be based on?

Answer 4

• Appearance
• Clothing
• Age
• Gender
• Ethnicity
• Previous criminal convictions

Question 5

What are the exceptions to giving reasons for stop + search?

Answer 5

• 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 in the area

Question 6

What are the duties a police must fulfil during a stop + search?

Answer 6

• S.2 = police must provide police station and number
• S.3 = must provide written record of search
• Must give reason for the search
• Failure to comply with police process = unlawful search, inadmissible evidence

Question 7

What are the rights of a suspect during a stop + search?

Answer 7

• Not obliged to answer questions, refusal does not constitute obstruction (Dice v Connelly)

Question 8

Explain the law on enter + search premises

Answer 8

• S.16 PACE 1984 = enter and search premises with a warrant which has been issued:
  –> S.17 = following report of a disturbance
  –> S.18 = following an arrest

Question 9

What section/code covers arrest?

Answer 9

• S.24 PACE 1984
• Amended in SOCPA 2005
• Code G of Police Codes

Question 10

What are the elements of the O’Hara test for lawful arrest?

Answer 10

• 1) Reasonable grounds = reasonable suspicion that suspect has/is/is about to commit an offence
• 2) Necessary (won’t give name or address, prevent damage to person or property, to allow for investigation, to stop suspect escaping)

Question 11

What are the rights of a suspect under arrest?

Answer 11

• S.28 PACE 1984 = to be informed of arrest and reasons in understood language (Christie v Leachinsky, Taylor)
• S.34 CJPOA 1994 = to be cautioned that right to remain silence may be taken with adverse inference
• To be taken to police station ASAP

Question 12

What are the rights of a person in detention?

Answer 12

• S.58 PACE 1984 = right to consult a solicitor
  –> Senior officer can delay up to 36 hours if police can prove access to solicitor would cause harm or interfere with evidence/witnesses (Murray, Averill, Samuel)
• S.56 PACE 1984 = right to inform someone of their arrest (Samuel)
• Right to see police codes and ask custody officer for a review
• S.60 PACE 1984 = right to a warm, well ventilated cell, 8 hours of continuous rest in a 24 hour period, regular food + drink

Question 13

What is the duty of a custody officer?

Answer 13

• S.36 PACE 1984 = duty of custody officer
  –> Inform suspect of rights
  –> Book suspect into custody on arrival at police station
  –> Start custody clock
  –> Keep custody record
  –> S.40 = review detention after 6 hours then every 9

Question 14

What is the maximum time a suspect can be held in detention without charge?

Answer 14

• S.41 PACE 1984 = 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

Question 15

What are the rights of suspect being interviewed?

Answer 15

• S.60 PACE 1984 = recorded, seated, regular breaks
• Right to a solicitor in interview (delayed under exceptional circumstances)
• Right to remain silent (S.34 CJPOA 1994 = adverse inference)
• Code C = U17’s and people with learning difficulties must have a parent/carer/social worker in interview with them

Question 16

Explain the law on searches

Answer 16

• S.55 PACE 1984 = suspect searched on arrival at police station
• Strip searches = same sex officer, remove top and bottoms one at a time
• Non-intimate = mouth
• Intimate = any other orifice, done by doctor (or same sex officer in emergencies), authorised by superintendent, reasonable grounds to believe article would cause injury or that class A drugs are being concealed, consent not needed

Question 17

Explain the law on sampling

Answer 17

• Non-intimate = no consent needed (S.61+63), special permission
  –> Types = finger prints, hair, nail clippings
• Intimate = consent needed (S.63), special permission
  –> Types = blood, semen, saliva
• DNA cannot be retained indefinitely without conviction (Marper v UK), conviction must be indictable (LASPO 2012)
• CJCSA 2000 = allows for compulsory drugs testing

Question 18

How can someone bring action against the police?

Answer 18

• Make complaint within 1 year to MP/local public authority
• Refers to IPCC (independent office for police conduct)
• IPCC sends to CPS (crown prosecution service)
  OR
• Civil action against police in High Court for compensation

Question 19

What are the remedies for action against the police?

Answer 19

• Apology
• Explanation
• Policy change
• Prosecution
• Disciplinary action
• Judicial review

Question 20

On what grounds can someone sue the police?

Answer 20

• Trespass of goods/person
• False imprisonment
• Malicious prosecution
• Race Relations (amend) Act 2000
• HRA 1998
• Complain to IPCC