Police Powers Underlying Crim Law Flashcards
(22 cards)
Q: Under what section of PACE can police arrest without a warrant?
PACE 1984, section 24
Q: What are the two key requirements for a lawful arrest under s.24 PACE?
Reasonable suspicion + necessity test
Q: What are the time limits for police detention without charge?
24 hours (standard), 36 hours(superintendent approval), 96 hours( magistrates court approval)
Q: Which case highlights the requirement to inform the suspect of the reasons for arrest?
- Taylor v Chief Constable of Thames Valley Police (2004)
Q: What section of PACE governs stop and search powers?
PACE 1984, section 1
Q: What must a police officer have to stop and search a person lawfully under s.1?
Reasonable suspicion
Q: Which Code of Practice relates to stop and search?
Code A
Q: Name a case illustrating limits of stop and search powers.
R v Osman (1999)
Q: Under what section can police enter premises to make an arrest?
PACE s.17
Q: What section allows search of premises following arrest?
PACE s.18
Q: What section governs search at the time of arrest?
PACE s.32
Q: Under what section can police seize items during a lawful search?
PACE s.19
Q: What Code of Practice governs police interviews and detention procedures?
Code C
Q: What is the standard police caution?
” You do not have to say anything, but it may harm your defence if you do not mention…”
Q: Under which section of PACE can a confession be excluded for unreliability?
Section 76
Q: Which case involved exclusion of evidence due to breach of Code C?
R v Halliwell (2013)
Q: Which Code of Practice governs identification procedures?
Code D
Q: What are common identification methods under Code D?
Video ID, identification parade, group ID
Q: Why are Code D procedures crucial?
To reduce risk of mistaken identification and ensure admissibility
Q: What Act governs the granting and refusal of bail?
Bail Act 1976
Q: What’s the difference between police bail and court bail?
-police bail = pre-charge or post-charge
-court bail = after the first appearance in court
Q: What is the two-stage test used by the CPS when making a charging decision?
1) evidential test
2) public interest test
