PACE 1984
Gives officers the right to stop and search without arresting the suspect
PACE S78
The court may refuse to allow evidence if obtained unfairly
PACE S1
Police have the right to detain and search people and vehicles in public places if they have reasonable grounds for suspecting the person-vehicle has SOAP
Searching for drugs..
Comes under the Misuse of Drugs Act 1971
A public place is..
Any place the public have access to whether for payment or not . street park or football ground. Not a private club school or uni. AND any other place which isn’t a dwelling to which people have ready access eg garden next to street
A person can be searched in a garden or yard attached to a dwelling providing that..
It appears their not the owner and has no permission to be there
What are reasonable grounds for suspecting
Objective reason for suspecting the person has prohibited items
Reasonable suspicion means
Strong suspicion with factual basis that could be evaluated by an objective third person
SOAP
Stolen goods, offensive weapons, articles for theft cheat burglary criminal damage specific fireworks, pointed or bladed items.
Paragraph 2.2 of code a
Reasonable suspicion can never be supported on the basis of personal factors alone. Eg colour age dress or previous convictions. The only exception is known gangs
PACE S2 & 3 safeguards
Police officer must give name station and grounds for search
OSMAN officers did not give their name or station so unlawful. Ng for assault on po
Po can only ask to remove JOG in public
Po must make written report
Po can only detain for reasonable amount of time
Other statutes
S60 CJ PO ACT 1994 senior officer for believing serious violent acts are going to take place at a specific area
MISUSE OF DRUGS ACT 1971 looking for controlled drugs
TERRORISM ACT 2000 reasonable suspicion of involvement in terrorism
Ao2 :)
Needed for prevention and detection of crime
Studies show some crime is prevented
Safeguards exist so person is protected
If rules arnt followed evidence inadmissible
Code a limits searches to where there is reasonable suspicion
Ao2):
Only 9% of searches lead to arrest
Breach of human right to privacy
Reasonable suspicion is vague and easy to invent
People don’t know their right which makes safeguards ineffective
Disproportionate number of ethnic minorities are stopped
Arrest with a warrant act
S1 Mags Court Act 1980 d has failed to attend court and has absconded
Arrest without a warrant act
PACE S24 CODE G AMENDED BY SOCPA 2005
When may a po arrest
Past offence committed. Reasonable suspicion past offence committed. Pesent actually committing a crime. Future anyone about to commit offence
Reasonable grounds for believing it’s necessary s24
Prove name address
Prevent harm to self or others
Allow prompt and effective investigation of offence or conduct (code g) eg false statement destroy evidence threaten witness etc
What are reasonable grounds
Would a reasonable person think it was necessary? Castorina case
Arrested person may be searched for anything to help them
Escape
CJ PO ACT 1994
Police can arrest for collective and aggravated trespass
Can arrest for attending or preparing a rave
RTA 1988 S6
Arrest driver for positive breathalyser test
PACE 1984 S46A
Arrest for breach of police bail
Common law right of arrest
Breach of the peace. Eg fighting in street. Bibby v cc Essex police
Police caution must be administered
CJ PO ACT 1994
Force used
Criminal Law Act 1967 s3 only reasonable force used in the circumstances
Communication
PACE 1984 S28 Arrest must be communicated verbally and physically
Taylor v cc Thames Valley
10 yr old boy arrested for throwing stones at a demonstration was arrested for violent disorder. The wording was sufficient for a lawful arrest
Code g
Arrest requires involvement or suspected involvement in a crime plus reasonable grounds for believing the arrest is necessary
Role of custody officer
If someone not detained properly custody officer in trouble
their responsible for people detained at police station
They do the custody log(record)
Three rights of a detainee
1 have someone informed of arrest s56 pace 84
As soon as practicable after the arrest
Code c says a phone call allowed of reasonable length
If person u 17 police must contact someone with parental authority
Contact maybe delayed for 36 hours when allowed by senior officer
2 right to legal advice s58 pace. Can be duty solicitor
Code c says custody officer must say if person wants legal advice or not
May br delayed for 36 hours if authorised
R v samual r v grant see text book
3 consult code of practice c
Says adequate breaks for meals lit ventilated room clean heated cells access to washing facility and refreshments
8 hours of sleep in any 24
Medical attention when necessary
Custody officer must keep record of interviews visits of anyone to d cells
