AS Law G151- Police Powers
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- Created by: Jess Dixon
- Created on: 19-04-17 20:42
What is does PACE mean?
Police And Criminal Evidence act 1984
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What is Code of Practice A?
Code A - Stop and Search
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What is Code of Practice C?
Code C - Detention ~(and treatment @ station)
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What is Code of Practice G?
Code G - Arrest
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What is S1 (1) of PACE?
Allows the police to stop and search any person or vehicle in a 'public place' (street, car park, etc.)
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What is s1 (3) of PACE? HINT: In possession of...
Stolen goods or prohibited articles (offensive weapon).
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What does Code of Practice A give guidance on?
Reasonable suspicion.
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There must be an objective basis that the suspicion is based on...
Facts, Information and intelligence.
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What CANNOT be used as reason to search someone?
Age, Race, Religion, Appearance, Gender and previous convictions.
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The police officer must give their...
Name, Station and Reason for search.
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Case example of unlawful search..
Osman v DPP
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S2 (9) of PACE states...
Police can only ask to remove; Outer jacket, Coat and Gloves.
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Where must a more thorough search be done?
Out of public view e.g. a police van.
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S117 PACE
Reasonable force may be used.
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What must the officer do straight after the search?
Write a written report.
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What are the other powers to Stop and Search?
Misuse of Drugs Act 1971, Terrorism Act 2000 and Criminal Justice and Public Order Act 1994 (CJPOA).
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What does the CJPOA do?
Stop and search in anticipation of violence.
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Who must it be authorised by and what don't you need?
Senior officer and don't need reasonable suspicion.
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S24 PACE...
Where powers of arrest are contained.
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What Act have the powers of arrest been increased by?
Serious Organised And Police Act 2005
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What happened before SOCPA?
Police could only arrest for serious crimes known as 'arrestable offences'.
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What did SOCPA do to PACE?
Amended it so the police could arrest for ANY offence.
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First stage of the two stage test for arrest...
Police must have grounds for suspecting that the person: 1) Has committed. 2) Is committing. 3) About to commit.
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Second stage of the two stage test for arrest...
Police must have grounds for believing that the arrest is necessary.
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What does Code of Practice G set out?
Sets out why an arrest may be necessary.
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An arrest will be used to prevent a person...
Causing injury to themselves/others, committing an offence against public decency and causing loss/ damage to property.
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Making arrests allows...
Protection of children/vulnerable people, allow a prompt and effective investigation of the offence and to prevent the suspect from disappearing..
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Under Code of Practice C what must the suspect be given?
The Caution.
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S28 PACE
Police must tell suspect that they're under arrest and why.
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S30 PACE
Must be taken to police station ASAP.
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What does S1 of the Magistrates Court ACt 1980 state?
Allows the police to enter/search the persons home in order to make an arrest.
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S46a PACE
Can arrest if breach of bail conditions.
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S24a PACE
Where Citizen's Arrest powers are contained.
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When can citizens make an arrest?
During or after an offence.
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What must the custody officer do?
Keep a record of the detention: 1) Time of arrival. 2) Searches. 3) Samples.
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When must the custody officer review the detention?
Once in the first 6 hours.
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When must the custody officer review the detention after the first 6 hours?
Once every 9 hours after the first 6.
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S56 PACE
To have someone informed of their detention.
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S58 PACE
To be allowed to consult a solicitor AND be told that free legal advice is available.
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For serious crimes what sections can be delayed for 36 hours?
S56 + S58.
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Why can these sections be delayed?
If there's interference with witnesses or evidence is likely.
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How long can a suspect be detained for without charge?
24 hours.
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For indictable offences how long can the police detain a suspect for?
Another 12 hours (36 hours in total).
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How long can suspected terrorists be detained for?
Up to two weeks.
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In interviews the accused has...
The right to remain silent.
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S60 PACE
All interviews must be tape recorded.
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S76 PACE
Oppression cannot be used.
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R v Aspinall (1999)
Suspect was under 17 and schizophrenic, court ruled that if under 17 and have a mental disorder you must have a appropriate adult present.
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Suspect must have a short break every.....in an interview
2 hours
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The interview rooms and cells must be...
1) Well ventilated + heated. 2) Adequately lit. 3) Cleaned.
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Must be given...
3 meals a day and have 8 hours of sleep in any 24 hour period.
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Define a '***** Search'.
Removing more than the outer clothing.
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What grounds must they have to authorise a ***** Search?
Reasonable suspicion that the suspect may have concealed a prohibited article.
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How is a lawful ***** Search carried out?
1) Should take place in private. 2) Should be carried out by the same sex. 3) Only remove half clothing at once, never fully naked.
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An intimate search must be authorised by...
A senior officer.
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What is the definition of an intimate search?
A search which consists of the physical examination of a person's body orifices other than the mouth.
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The police must believe the suspect has...
1) An item that could cause physical harm. 2) Class A drugs.
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Who must intimate searches be carried out by?
Doctors/ Nurses.
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S61 PACE
Non-intimate samples can be taken without consent.
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Can police use force to obtain non-intimate samples?
Yes.
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What are intimate samples examples?
Blood or urine.
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Do you need consent for intimate samples?
Yes.
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Can these be taken by the police?
No. Doctor or nurse has to take them but not by force.
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Other cards in this set
Card 2
Front
What is Code of Practice A?
Back
Code A - Stop and Search
Card 3
Front
What is Code of Practice C?
Back
Card 4
Front
What is Code of Practice G?
Back
Card 5
Front
What is S1 (1) of PACE?
Back
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