Police Powers Flashcards
What is the name of the act that contains the police’s powers?
Police and Criminal Evidence Act 1984
What legislation backs up PACE?
The Codes of Practice
Which act amends PACE?
Serious Organised Crime and Police Act 2005
What are the Codes of Practice?
guidelines to exercising certain police powers
What happens if the Codes of Practice are breached?
any evidence can be made inadmissable
Which section of legislation and code of practice contains the powers of stop and search?
s1-7 PACE backed by Code A
What does s1-7 PACE give the police the power to do?
stop and search people and vehicles in a public place
Before doing a stop and search, the police must have reasonable grounds for suspecting….
that a person or vehicle is in possession of stolen good or prohibited
Which act extends the power to stop and search for articles intended to cause criminal damage?
Criminal Justice Act 2003
List the following rules the police must follow which safeguard the right of a suspect during a stop and search (HINT: 4 points)
- During a body search, only outer clothing removed and embarrassment kept to a minimum.
- Police must give name and station
- Must give reason and grounds for arrest
- Police must make a record
Give the name of two cases which lead to the acquittal of charges due to an illegal stop and search
Osman v DPP 1999
Michaels v Highsbury Corner Magistrates Court 2009
What happen in the case Osman v DPP 1999?
The police search Mr Osman but didn’t give name or station. Originally charged with assaulting an officer, the charge was dropped because the search was unlawful
What happened in the case Michaels v Highsbury Corner Magistrates Court 2009?
A search was done under the Misuse of Drugs 1971. Michaels put drugs in his mouth and swallowed them despite being told by the police not to. But the officer did not give name or station so his conviction was quashed.
What does Code A say about reasonable suspicion when making a stop and search?
The police must have reasonable suspicion to make a search, cannot be based on personal factors like age, race, clothing, if they have previous convictions.
Are voluntary searches legal?
No, the police must still have grounds to make a search.
