Police Powers : Evaluation Flashcards
(13 cards)
Section 1
What is a strength of Section 1?
Section 1 only gives police the power to stop and search and vehicle, if the have reasonable grounds for suspecting V is in possession of vehicle containing stolen or prohibited articles.
This stops the police from carrying out arbitrary searches.
This upholds Art 8 right to private life and family life.
Section 1
What makes reasonable suspicion judged fairly?
Code A guidance says this reasonable belief should not be based of generalisation or stereotypes, or based on appearance. Stop and search cannot be based on race, age , gender or the fact someone is known to the police.
Section 1
What prevents embarrasment during stop and search?
When searching, embarrassment should be kept to a minimum by only removing outer layers and searches to be conducted preferably by someone of the same sex.
(s.2)(9).
This is to ensure the protection of privacy for individuals, upholding Art 8.
Stop and search - Protecting the public from harm
s.2 and s.3 PACE set out the informmation that they should be given when carrying out a search, including the officer telling the suspect their name and station, and why they are being recorded.
This ensures searches will not be conducted out of arbitrarily and allows suspects to identify specific officers if they have a complaint, and allowing fairness to suspects.
This further increased by S.117 that only reasonable force can be used, and therefore protecting citizens from harm.
Stop and Search - Ethnicity bias
Black people are 10x more likely to be stopped and searched by any other ethnic group.
Chines people are the least likely to be stopped and searched showing clear institutional racism.
This is further enhanced by the MacPherson report which found that police officers were institutionally racist, this led to a decrease of police powers. Certain groups are more likely to be stopped and searched.
It was found that Black people are six times more likely to be stopped and searched.
Arrest
What ensures all arrests are justified and not carried out arbitrarily?
The police must have reasonable grounds, that show the suspect has committed,will commit or is about to commit an offence.
Police must have reasonable grounds that the arrest is neccessary, by showing one of the reasons under the NECESSITY TEST.
This ensures that arrests are not carried out arbitrarily and all arrests are justified.
If they are breached they will be declared unlawful, such as in Richardson with a school teacher. The judge held the arrest was unnecessary as he attended the police station voluntarily for the polices convinience.
The judge held that there was no reason to arrest Richardson not to stay to be questioned, so the arrest was unjustified.
He was awarded thousands of pounds of damages.
Code G
Suspects should be informed
S.28 PACE requires a person to be informed that they are under arrest and the grounds for the arrest. This is sufficiently given to the suspects in the manner which they can easily understands, otherwise the arrest will be declared as unlawful and any evidence will be deemed inadmissible and their conviction will be quashed.
R v Taylor (2010) : Simple non technical language must be used when arresting.
- This makes it obvious the suspects will be made aware of their legal rights
- It offers protection to suspects if there has been any police misconduct
Detention
Protection of Citizens
Section 30 of pace ensures that a suspect is brought before a custody officer as soon as practicable after arriving at the station.
- Under s.30 the custody officer must keep a written record of events.
- the custody officer under s.37 will decide if there is sufficient evidence to charge the suspect. This ensures that suspects are not to be detained unnecessarily and arbitrarily, this upholds article 5, although this is limited due to the nature of detention.
The custody officer is seperate to the investigation ensuring impartiality and no conflict of interest as they have no interest in the case of the suspect.
Also if there is already enough evidence to charge, then under s.38, the suspect should be granted bail.
Detention
Time Limits
There are strict rules for the length of time that the suspect can be detained for under PACE, this ensures that suspects are not detained indefinitely and for longer than necessary.
Under S.41 of PACE, suspects which are held for committing summary offences can be held for a max of 24 hours, and indictable offences 36 hours with the permission of a senior officer ( S.42)
- To detain beyond 36 hours the police must apply to the magistrates court (s.44) , this upholds article 5, right to liberty.
This oversight prevents the abuse of power.
Detention
Reviews
Furthermore S.40 of PACE ensures the custody officer must first review the detainee no later than 6 hours after detention, then intervals of no less than 9 hours.
- These reviews ensure that the detainee is safe, and important for the health and well-being of the suspect.
- If the custody officer believes there is no reason to detain the suspect further then they should immediately be released from custody.
Rights of a detained person
- Rights of a detained person
- The right to have someone informed of their arrest
- Under s.56 the detainee can nominate a friend, relative or any other person whom they think is likely to take in interest in their welfare.
- Anyone under the age of 18 must have a guardian present.
- Under s.57 any juvenile, mentally handicapped , or foreigner, and those with impaired hearing must have an appropriate adult present.
- If they dont do this then evidence obtained will be declared unlawfully obtained and inadmissible, as shown in R v Aspinall.
This ensures the detainee is safeguarded and to maintain ethical practice.
Detention
- Rights of a detained person
- The right to legal advice
-S.58 of PACE states a detained person may either contact their own solicitor or they can use the system of duty solicitors which are free.
- R v Grant (2005): Any police misconduct which interfers with the suspects rights to a private meeting with his solicitor will result in inadmissable evidence and a quashed case.
