Police Powers

Police Powers

• Most police powers are set out under the Police and Criminal Evidence Act 1984.

The 8 Codes of Practice under PACE

• Code A= Stop and search powers
• Code B= Powers to search premises and seize property
• Code C= Dealing with detention and questioning of suspects
• Code D= Rules for identification procedures
• Code E= Rules for tape recording interviews with suspects
• Code F= Rules for video recording interviews with suspects
• Code G= Powers of arrest
• Code H= Detention, treatment and questioning of those arrested under s41 Terrorism Act 2000

Powers to Stop and Search

Powers under PACE

• Main police power to stop and search is s1 PACE
• Means police can stop and search people/ vehicles in a public place
• Must have reasonable grounds that the suspect has stolen goods or prohibited articles (Offensive weapons, burglary equipment etc.)
• Police officer must give his name and station
• Osman vs DPP
• Can only be asked to remove outer coat, jacket and gloves (s2 (9) PACE).
• Police officer must produce a written report 
• The suspect is entitled to a copy of the report
• If out of public view, copper can ask suspect to remove shoes and t shirt.
• Search must be carried out at similar place to the stop.

Code A:

• "Reasonable suspicion cannot be based on personal factors"
• Powers must be used fairly and responsibly
• Race, age, appearance, previous convictions cannot be used as the excuse
• Must be an objective basis for the stop and search, such as information
• Reasonable suspicion can be based on behavior
• Police officer can base his suspicions on appearance IF the suspect is showing membership to a gang who often carry knives etc.

Other powers to stop and search;

• Misuse of Drugs Act 1971
• Terrorism Act 2000
• Criminal Justice and Public Order Act 1994: A police officer can stop anyone without any reason, if a senior officer has authorised it, in anticipation of violence.

Voluntary Searches:

• Since 2004, Code of Practice A means that voluntary searches are no longer allowed, unless the officer has reasonable suspicion

Problems:

• Increasing use. 1 million stops and searches in 1998, 100,000 in 1986.
• MacPherson report found that police officers were institutionally racist (Led to decrease in the use of powers.
• Certain groups more likely to be stopped.
• Black people are 6 times more likely to be stopped.
• Now about 850,000 stops and searches every year

Balance between crime prevention and human rights:

• Police cannot ask people to remove religious attire.
• This lead to the 7/7 bombings

Does it lead to arrest?

• Before 1999, 10% of stops and searches resulted in arrest
• In 1996, Tottenham had 50% less searches, 17% more arrests, but 17% more crime.

Powers of Arrest:

• Powers of arrest under PACE were changed in 2005 by the Serious Organised Crime and Police Act

Powers of arrest under PACE:

• Section 24 PACE.
• Police can arrest anyone if they have reasonable suspicion that an offence is being committed, has been committed or will be committed.
• Very wide powers of arrest, but…