Police Powers

Question 1

Stop and Search

Authority

Answer 1

Authority
- S.1 PACE
o Any person or vehicle for stolen or prohibited articles
o S. 1(7) and (8)
 Any articles acquired as a result of theft or burglary
 Offensive weapons or articles made or adapted for use in offences

Question 2

Stop and search Criteria

Answer 2

• Must be carried out by at least a constable
• In a public space
• Must have reasonable grounds for suspecting

Question 3

Stop and search reasonable grounds

Answer 3

Reasonable grounds (COP A)
- COP A 2.2
o Genuine suspicion and an objective basis for that suspicion
- Can never be supported by personal factors (COP A 2.2B)
- May arise froms omeones behaviour (COP A 2.6B)
- Should be linked to current information (COP A 2.4)

Question 4

Stop and search Exercise

Answer 4

-	Prior to search (PACE S.2)
o	Must inform:
	Being detained for purpose of a search
	Officers name
	Legal search power being exercised
	Purpose of the search and grounds for suspicion
	Entitled to a copy of the record.

Question 5

Stop and search extra

Answer 5

• May use reasonable force as a last resort (Cop a 3.2)
• No power to require someone to remove more than outer coat, jacket or gloves (COP A 3.5)
• Must be recorded (s.3 PACE)

Question 6

Arrest without warrant authority

Answer 6

Authority

- S. 24 PACE

Question 7

Arrest without warrant Criteria

Answer 7

• Minimum of a constable

- Reasonable grounds to suspect an offence and reasonable grounds to believe its necessary

Question 8

Arrest without warrant Necessity

Answer 8

• Most widely used in s.24(5)
  o To allow prompt and effective investigation of the offence
  o To prevent any prosecution for the offence from being hindered

Question 9

Arrest without warrant exercise

Answer 9

Exercise
- S. 28 provides not lawful unless
o Informed that he is under arrest
o Told of the grounds of arrest
o COP C 10.4 must be given a caution
- Power to use reasonable force (s. 117 PACE)
- Not lawful through procedural issues can later be rendered lawful by correction of defect (Lewis v Chief Constable of South Wales (1991)

Question 10

Custody Officer Charge

Answer 10

• At least sargeant (s. 36 PACE)
• Will first determine whether or not there is sufficient evidence to proceed with a charge, (S. 37(1) PACE) otherwise released unless:
  o Secure or preserve evidence
  o Obtain such evidence through questioning (s. 37(2) PACE)

Question 11

Custody officer detain

Answer 11

-	Detain
o	Authorise detentiontion
o	Open a custody record
o	Inform of the reason for arrest
o	Inform of reason for detention
o	Advise of right

Question 12

Custody officer welfare

Answer 12

• Responsible for welfare of detainee and
  o Conducting risk assessment (COP C 3.6 – 3.8)
  o Making special arrangements (COP C 3.12 – 3.20)
  o Arranging for interpreters (COP C 3.12)
  o Dealing with property (COP C 4)
  o Contacting healthcare (COP C 9)

Question 13

Custody Record

Answer 13

• All information required by COP C should be required
• Also:
  o Requirement to inform person for reason of arrest
  o Circumstances of arrest
  o Why the arrest was necessary
  o Any comments made by arrested person
• COP C 2.4 right of legal representative to view the record

Question 14

Reviews of detention

Answer 14

Reviews of detention

• Must be satisfied that detention is still necessary (COP C 15.1)
• Must be at least an inspector who is not connected with the investigation
• S. 40 PACE first review not more than six hours after detention authorised
• Subsequently every 9 hours

Question 15

S. 41 PACE

Answer 15

S. 41

• Maximum period is 24 hours from relevant time
• This is usually at time of arrival at police station
• Either be charged or released

Question 16

S. 42 PACE

Answer 16

• Extension for 12 hours
• Criteria
  o Minimum superintendent
  o Reasonable grounds for necessity
  o Offence must be indictable
  o Investigation must be conducted expeditiously
• Exercise
  o Authorisation must be given before expiry of initial 24 hours
  o Grounds must be explained to suspect
  o Solicitor should be allowed to make representations

Question 17

S. 43 and 44 PACE

Answer 17

• Apply to magistrates court for warrant of further detention
• Initially for 36 hours which on second application can be extended by a further 24 (total 96)
• Same criteria as s. 42

Question 18

Intimate samples authority

Answer 18

• S. 65 PACE
  o Blood, urine, tissue fluid and pubic hair
  o Dental impressions
  o Swab taken from orifice other than mouth

Question 19

Intimate samples Criteria

Answer 19

• S. 62 PACE
  o Suspect must consent
  o Must be in writing
  o Authorised by at least an inspector
  o Should be in writing
  o Reasonable grounds
   Suspecting involvement in recordable offence
   Belief that sampe will confirm or disprove involvement
  o Must be warned that failure to consent can be given as evidence in court

Question 20

Non-intimate samples

Answer 20

-	S. 65 PACE
o	Sample of hair other than pubic
o	Sample from a nail or under a nail
o	Swab taken from body part not intimate
o	Saliva
o	Skin impression

Question 21

Non-intimate sample authority

Answer 21

Authority

- S. 63 PACE, can be taken without consent

Question 22

non-intimate samples criteria

Answer 22

• S. 63 (2A – 2C)
• Without consent provided
  o Detained for a recordable offence
  o No such sample has yet been taken

Question 23

Non-intimate samples exercise

Answer 23

Exercise
-	S. 117 PACE reasonable force if necessary
-	Without consent (COP D 6.8)
o	Reason for sampe
o	Power and authority
o	May be subject to a speculative search
o	Sample and info may be retained

Question 24

Fingerprints authority

Answer 24

Authority

- S. 61 PACE

Question 25

Fingerprints criteria

Answer 25

- S. 61 without consent | o Arrested or charged for recordable offence and prints not already taken

Question 26

Fingerprints exercise

Answer 26

``` Exercise - Must inform o Reason for taking prints o Power and authority o May be subject to speculative search o May be recorded ```

Question 27

Power to delay right to have someone informed Auhtority

Answer 27

Authority | - S. 56 if necessary and complies

Question 28

Power to delay right to have someone informed Criteria

Answer 28

Criteria - Must be an indictable offence - Authority to delay is granted in writing by at least an inspector - Reasonable grounds that it will lead to any of the following: o Interference with evidence o Interference with others o Alerting other suspected of committing an indictable offence o Hinder recovery of property obtained in consequence of such an offence

Question 29

Power to delay right to have someone informed Exercise

Answer 29

Exercise - COP C 5.7A o Must be proportionate and no longer than necessary

Question 30

Power to delay right to consult solicitor Authority

Answer 30

Authority | - Only in accordance with s. 58 PACE and COP C Annex B

Question 31

Power to delay right to consult solicitor Criteria

Answer 31

Criteria - Must be an indictable offence - Authority is granted in writing by at least superintendent - Reasonable grounds o Interference with evidence o Interference with others o Alerting other suspected of committing an indictable offence o Hinder recovery of property obtained in consequence of such an offence - Would not delay right to legal advice generally

Question 32

Power to delay right to consult solicitor Exercise

Answer 32

Exercise - Maximum of 36 hours - Must be recorded and informed