SGS 2 Flashcards
What approach should you take in advising on an issue in relation to police powers?
P - identify the power
A - What is the legal authority granting the power?
C - What criteria need to be met and are they met on the facts?
E - How should the power be exercised and has it been exercised correctly on the facts?
Stop and search - authority
Section 1 PACE: wide power to the police to search any person or vehicle for stolen or prohibited articles (or fireworks)
Stolen or prohibited articles are defined in ss. 1(7) and (8)
Stop and search - criteria
- must be carried out by an officer at least of the rank of constable;
- in a public place; and
- the constable or other officer has reasonable grounds for suspecting that he will find stolen or prohibited articles
Stop and search - guidance for reasonable grounds
Found in COP A - paras 1.1 to 2.29
What is the test for reasonable grounds for suspicion?
Legal test in two parts in COP A 2.2 - must have genuine suspicion and there must be an objective basis for that suspicion
Stop and search - exercise
All searches should be carried out in accordance with the provisions of PACE s.2 and s.3 and COP A
The responsibilities of a police officer conducting a stop and search provedure are set out in s.2 PACE and COP A 3.8-3.11
Stop and search - information prior to the search
COP A 3.8
Officer must take resonable steps to give the following information:
- being detained
- officer’s name and station
- legal search power
- purpose of search and grounds for suspicion
- suspect’s entitlement to a copy of the search record
Stop and search clothing removal
- COP A 3.5: except where the search is carried out under s60 CJPOA there is no power to require removal of clothing (apart from outer clothing)
- COP A 3.6: a more thorough search must be done out of public view and by an officer of the same sex
Stop and search - force
S 117 PACE authorises a police officer to use reasonable force where a provision of PACE confers a power on a constable which does not require consent
COP A 3.2 states that a forcible search may be made only if it has been establsihed that the person is unwilling to co=operate or resists and only as a last resort
Lawful arrest - authority
s 24 PACE/COP G
Lawful arrest - criteria
1) reasonable grounds to suspect the person’s involvement, suspected involvement or attempted involvement in a criminal offence AND
2) reasonable grounds for believing that the person’s arrest is necessary - criteria in s 24(5) PACE
Lawful arrest - exercise of power
s28 PACE and COP G 3.3 - suspect must be informed that he is under arrest and the ground for arrest
COP C 10.4/COP G 3.4 - suspect must be cautioned
Unlawful arrest can be corrected later
Role of custody officer
s37(1) PACE requires that the custody officer will firstly determine whether or not there is sufficient evidence to proceed to charge the detainee. If no, then the arrested person must be released unless there are reasonable grounds for believing that his detention is necessary to
- secure or preserve evidence
- obtain such evidence by questioning
Review of detention
- Must be carried out duting detention (s40 PACE)
- review officer must be satisfied that the detention is necessary (Cop C 15.1)
- s40(1)(b) - review officer (inspector or above not connected to the investigation) after not less than six hours and then every 9 hours from time detention is authorised
Max period of detention
- s41: max period is 24 hours which runs from the relevant time; can be extended by an additional 12 hours under s42
