Police Powers

PACE ( Police and Criminal Evidence Act 1984)- MAIN STATUE

use to check suspicions without an arrest

Section 1- 

can stop and search a person and vehicle in a public place if:

• suspected possession of prohibited articles/stolen goods or weapons- used for criminal damage

Code of Practice A:

• guidlines alongside PACE
• not subjected to random/discriminatory S+S
• objective basis
• information recieved or unusal behaviour from suspect
• 'REASONABLE SUSPICION'- not based on stereotypes/known to have previous convicitions

cant S+S on basis of apperance e.g. a gang is known to carry weapons and clothing is distinct.

POLICE WERE NOT ALLOWED TO STOP AND SEARCH A PERSON WHO WAS WALKING AIMLESSLY IN SOHO- WHICH IS KNOWN FOR DRUGS

SAFEGUARDS:

• officer- give name and station
• not in uniform- must show warrant card
• explain why the S+S
• keep a written record of the S+S

D was charged with obstructing the police- he swallowed drugs when told not to- police didnt identify names or station so the S+S was unlawful

reasonable force can be used

can ask to remove outer coats/jackets/gloves

cant ask to remove headgear- protects religious groups 

stolen/prohibited articles can be taken off them

anything else removed must be done out the public eye

MISUSE OF DRUGS ACT 1971- REASONABLE SUSPCION OF UNLAWFUL POSSESSION OF A CONTROLLED DRUG

SPORTING EVENTS ACT 1985- PRIOR TO ENTRY OF CERTAIN SPORTING EVENTS

TERRORISM ACT 2006- FOOTWEAR AND HEADWEAR REMOVED- REASONABLE SUSPCION THAT THE SUSPECT IS INVOLVED IN TERRORISM IN PUBLIC.

strengths:

• allow police to check suspicions without arrest 
• powers are matched by safeguards to protect public

weaknesses:

• 1986-1998- stop and search increased to 1 MILLION
• black people- 6 times more likely to be S+S
• 2010/11- only 9% of S+S got arrested 

PACE- gives time limints and procedures for keeping and interviewing a suspect

time to question is balanced with suspects right to liberty and fair treatment

CUSTODY OFFICER ( at least a sergant):

• ensure suspects are detained and treated according to rules
• must be independent to the investigation and arresting officer
• keeps custody record- important evidence
• notes down who has had the access to suspect
• time and duration and reviews

search upon detention

S54 PACE- custody officer- written record of suspects possessions

anything dangerous/used to escape can be seized- reasons must be given

can be searched agaisnt will

detention clock

• 0 hours - arrives at station
• 6 hours- review of detention trasnfered to designated station
• 15 hours- furthger reviews every 9 hours
• 24 hours- offence is serious- superintendent can authorise detention up to 36 hours
• 36 hours- taken before magistrates court
• 42 hours- court wasnt sitting-detained for 8 more hours
• 72 hours- obtain a warrant for further detainment
• 96 hours- charged or released 
• non terrorism- max 96 hours
• terrorism- max 14 (sometimes 28) days

very few are kept longer than 24 hours (1%)

rights of a detained person

right to inform someone of arrest (section 56 PACE)

• can inform someone of arrest (friend or relative)
• right can be denied up to 36 hours by a senior police officer 
• reasonable grounds that the suspect may inform another suspect about the arrest or evidence may be tampered with

CODE C:

• should be allowed to speak on the phone for a reasonable time

right to legal advice section 58 PACE

• can use own solicitor or dutt solicitior
• custody office- asks if detainnee wants legal advice- written notice is given to suspect
• access can be denied up to 36 hours by a senior police officer same reason as above

r v grant 2005

murder conviction- got rid of- communication between laywer and suspect had been interfered with

r v samuel 1988

spestic concern to deny acces to advice isnt a general worry

right to consult code of practice

• code c- cells heated and clean/lit
• suspects fed and given drinks 
• continuous 8 hours rest any 24 hour detention
• under 17/mentally ill- appropriate adult present

Section 60 PACE

• interviews are tape recorded- reliable and accurate evidence in court.
• 2 copies are kept, master copy is sealed. working copy can be seen by lawyer+suspect
• written record is made after the interview

baldwin 1992+Evans 1993

• written records are not a fair record

The caution ( Criminal Justice and Public Order Act 1994)

• must be given prior to questioning 
• suspect has right to slience may be reffered to in court
• inferences drawn about why they said nothing 
• judge- suspect was innocent they would have said 

Sections of pace

• ***** searches (54)- removeall more than outer clothing- same sex member- find items of which a detained person isnt allowed
• intimate searches (55) - authorisation from superintendent- believes the suspect has class A drugs or an item that can cause physical injury or is a drug related offence.
• finger prints and body samples (61/62) - fingerprints hair and saliva (without consent). reasonable force can be used. intimate sample (blood semen urine, pubic hair) must be done by a nurse/doctor.
• custody officer- records+ removes all property from detainee + can perform non intimate searches (removal of outer clothing)
• finger prints- can be taken prior to arrest away from station. national automated finger print identification system- checks in mins. can also be taken at the station.
• intimate sample- only by a doctor/nurse with reasonable grounds.
• retention of samples- 2001 finger prints + samples- kept if guilty of offence

Criminal Justice And Police Act 2001-kept until they have served a fulfilling purpose- taken and put on a national database- kept for 3 years max- Protection Of Freedom Act 2012

necessity test

• S24 (PACE) (1-3) only excercised if reasonable grounds in believed any reason in S24(5) necessary to arret person in question.

grounds of necessity in S24(5)

• S24(5)(a)- find ou the persons name if not known or is believed to be false
• (b)-find out the persons address
• (c) to prevent the person:
• (i)- causing physical injury to themselves or another
• (ii)- suffering physical injury
• (iii)-causing loss/damage to property
• (iv) committing an offence against public decency
• (v) causing unlawful obstruction of the highway
• (d)- protect a child/vulnerable person
• (e)- allow prompt investigation of the offence/conduct of the person
• (f)- prevent any prosecution for the offence- being hindered by the dissaperance of the suspect.

Code G

says a lawful arrest requires

• person/suspect to be attempting to be involved in a crime
• reasonable grounds to believe the arrest is necessary
• officers must inform a person they have been arrested 
• decision to arrrest is - operational decision (officers discretion to decide)

Serious Organised Crime And Police Act 2005

• original powers under S24/25 were ammended by (SOCPA)
• changed - had to be an arrestable offence- now can be any offence

Magistrates Court Act 1980- Section 1

• police apply to magistrates for an arrest warrant- issued following evidence that suspect is suspected of committing a crime
• Manner Arrest- at time police have to tell suspect why they are being arrested 

Taylor v cheif constable of Thames Valley police (2004)-D was throwing stones during an anti-vivisection demonstration- at a new protest the police arrested him for the throwing of stones at the last demonstration. court appeal- this was understandable so arrest was lawful

Bibbly v cheif constable of essex police (2000)-court of appeal summariesed the conditions that must apply for this common law power of arrest to be used:

• sufficiently real and present threat to peace-threat must come from the person to be arrested-conduct of person- cearly interfere with rights of others and natural consequences-conduct of person-  must be unreasonable