police powers

Question 1

PACE 1984

Answer 1

• PACE is the key statute we have when it comes to defining the powers police have, which enable them to carry out their roles
• Crucially it also impacts their role regarding the accessibility of any of the evidence they collate

Question 2

S67 PACE

Answer 2

• “In all criminal proceedings any PACE code of practise shall be admissible in evidence and if any provision of such a code appears to the court or tribunal to be relevant to the question, it shall be taken into account”

Question 3

so what

Answer 3

• Non compliance with the code may adversely affect the ability of the prosecution to rely on any evidence they obtain
• The codes of practise are an element of PACE< and a breach of them will give weight to the opposing side

Question 4

why does PACE exist

Answer 4

• In the early 1980’s, there was a period of social change with most police officers describing the main issues as unemployment, strikes, bombings and riots
• Following Brixton Riots, Lord Scarman was tasked to look at the causes of these riots and to potentially offer statute to resolve the issue
• While the Scarman report demonstrated the background of the climate, it wasn’t always the main driver for creating PACE
• It was created in 1984, and implemented in 1986 and was not universally well received!
• As well as PACE, 1980’s bought the introduction of the CPS – a period of big change

Question 5

so what did PACE change

Answer 5

• The main area which changed with the introduction of PACE was that of interviewing (and therefore, confessions and evidence!)
• Many interviews were confrontational and the admission from step 1 was to get an admission from a subject
• There were commonly raised voices, and repeated questions in order to pressure the suspect

Question 6

current placing

Answer 6

• However, interviews are much more placid events after the induction of PACE
• Interviews are now significantly more balanced, with open –ended questions and encouraging the detainee chances to give their account of the actions

Question 7

humanising the police

Answer 7

• PACE definitely meant that the police became more responsible and more humanised
• The way they had treated suspects and detainees pre – PACE was quite horrific, and while post – PACE has not necessarily prevented bad behaviour but it makes police officers more accountable due to those around them

Question 8

codes of practise

Answer 8

• These are parts of PACE which cover the roles which police carry out day to day
• These parts of the act attempt to strike a fair balance between the exercise of power by those in authority and the rights of members of the public

Question 9

Code A

Answer 9

• Exercise by police officers of statutory powers to search a person or vehicle without first making an arrest
• Requires that police officers make a record of a stop or encounter

Question 10

Code B

Answer 10

• Powers to search premises and to seize and retain property found on premises and persons

Question 11

code C

Answer 11

• Covers the treatment for those detained, treated and questioned of suspects not related to terrorism in police custody
• Includes the requirement to explain a person’s rights while detained
• Requires the need to explain the rights of a person who has not been arrested – for those engaging with voluntary interview

Question 12

Code D

Answer 12

• Covers the methods used by the police to identify people in investigation of offences and the keeping of accurate and reliable criminal records

Question 13

Code E

Answer 13

• Covers audio recording in police interviews
• As we know, this is crucial for confessions and the ensuring that the suspect is protected against oppression and unreliability if it is being taken to court

Question 14

Code F

Answer 14

• The use of visual recording with sound of interviewees, there is no statutory requirement to visual record these activities
• However, if police do decide to visually record, then they should use this code to protect everyone involved

Question 15

Code G

Answer 15

• Powers of arrest under S24 of PACE

Question 16

Code H

Answer 16

• Requirements for the detention, treatment and questioning of suspects related to terrorism in police custody
• Makes sure that the requirement is in place that a person knows their rights while detained in connection with terrorism

Question 17

stop and search powers

Answer 17

• There must be reasonable before stop and search can be carried out (ss1-2)
• There can also be more powers given, such as the wider use of stop and search in times where there has been suspicion of terrorism
• As well as more traditional uses of stop and search, there is also the use of a removal of face coverings or disguises in order to protect people in a community

Question 18

powers of entry, search and seizure of property

Answer 18

• Code B covers searches of buildings, premises, vehicles or vessels whether there is a warrant or not
• Warrants can be issued by magistrates of judges under S8 PACE 1984

Question 19

entry without warrant

Answer 19

• Entry and search without a warrant is actually possible under certain circumstances governed by ss 17-18
• Seizure of evidence is governed by a range of powers under PACE – this introduced what we call ‘seize and sift’ which means that material can be taken away and examined elsewhere (such as forensic labs)

Question 20

detention and question of suspects

Answer 20

• There is statute existing which is there to protect the amount of time which people are held (remember, deprivation of liberty and the need to protect this)
• The average time for detainment at the station for Summary, TEW and Indictable offences is 24 hours

Question 21

extended hours

Answer 21

• A superintendent can authorise detainment for up to 36 hours if required
• Under s42 PACE, if certain conditions are fulfilled, then the time can be raised to 96 hours
• This will be approved by the Magistrates Court

Question 22

rights to communicate

Answer 22

• A person being detained has the right to communicated with a solicitor or legal advisor (S58 PACE)
• They should be told of the duty solicitor scheme if necessary
• Samuel [1988]: a court or judge can refused to admit evidence, if a confession was made in the absence of access to legal advice
• Code C also deals with the care and feeding and general treatment of those suspects
• Remember, any breach of this code can lead to exclusion of evidence down to unreliability or oppression

Question 23

your rights when arrested

Answer 23

• Getting free legal advice
• Have someone know where you are
• Receive medical help if needed
• See the police the police follow
• See a written notice about your rights

Question 24

identification evidence

Answer 24

• Witnesses may be able to identify offenders, there is little point in waiting until court to happen
• Pre-trial process is governed by Code D
• There are multiple ways in which this can be done, whether it is a typical line up, video parade or even in public

Question 25

issues with eyewitness testimony

Answer 25

* Some believe that EWT is so suspect that it should never be enough to convict unless utilised by other evidence * The mind or eye can be deceived or even deceive itself * The law is that judges must stop a case based on weak ID evidence, unless it is strongly supported by something else * They may leave good quality ID evidence to the jury, with warnings etc even if it unsupported (Turnbull guidelines)

Question 26

what is the police do something wrong

Answer 26

* Improperly obtained evidence may be completely inadmissible, and the court cannot do anything about it * Confessions obtained by oppression * Confessions obtained by unreliable methods * Breath or blood samples taken from suspected drink drives, unless it was taken in strict compliance with statutory procedures

Question 27

postal evidence

Answer 27

• S17 of Regulation Investigatory Powers Act 2000, evidence obtained directly from intercepting postal services or telecommunications in the UK cannot be adduced and neither can it be referred to in evidence

Question 28

what happens when breaches happen

Answer 28

* General rule is that breaches of provisions may not result in immediate inadmissibility of evidence but a less rigid approach * The court will assess the nature of the breach and the conflicting considerations which arise * If appropriate, they can then exclude the evidence under S78 PACE * Is the violating of the rules and codes so serious that it means the evidence must be excluded? * The interests of the accused and their rights must be taken into account, but it will not be the only thing that matters

Question 29

Walsh 1990

Answer 29

The task of the court is not merely to consider whether there would be an adverse effect on the fairness of the proceedings, but such an adverse effect that justice requires evidence to be excluded”

Question 30

Allan 2004

Answer 30

• The courts do not use tactics such as informers befriend suspects in police cells or remand prisons, in order to question them without the protection of legal advice or the PACE safeguards