English Legal System AS
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- Created by: MELANMUCHEGWA
- Created on: 28-12-16 15:53
CODE OF PRACTICE
STOP AND SEARCH
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SECTION 1-7 PACE
stop and search
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SECTION 1 PACE
police can stop and search with reasonable suspicion in public area with t.he objective of looking for stolen or prohibited articles
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REASONABLE SUSPICION
- cannot be based on personal factors e.g race or religion- objective (looking for something) basis to believe that you'll find something.
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PUBLIC PLACE
any place the public have access to including a private garden and a pub car park.
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STOLEN OR PROHIBITED ARTICLES
anything that can be used to commit a crime e.g. ladder, knife,fireworks.
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SECTION 2 PACE
police must state name, station, and reasons for stop and search.
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SECTION 2 PACE: CASE STUDY
OSMAN V DPP ( no name stated so stop and search was unlawful)
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SECTION 3 PACE
police can remove coats, outer jackets and gloves; they must write a report ASAP of every s&s. detailed searches in police van or out of public sight (by same sex officer).
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SECTION 60 CJPOA
superintended /higgher ranking officer can authorize s&s in any area where there is intelligent reasonable suspicion there's going to be violent incidents.DESIGNATED area s&s WITHOUT reasonable suspicion and remove masks/headgear/balaclavas (riots)
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TERRORISM ACT SECTION 43 AND 44
s&s individuals with reasonable suspicion of possession of something incriminating them of terrorism (S43), DESIGNATED area no RS needed if anticipated terrorism (S44).
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SPORTING EVENTS ACT
s&S 2hrs before and after event.
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MISSUSE OF DRUGS
s&s with objective of finding drugs.
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STATUTORY POWERS
there is no such thing as voluntary search, each police action must be done in regards of an act.
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STOP AND SEARCH AO2
RS is vague, people dont know their rights,ony 10% s&s lead to arrest but most s&s are ethnic.
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MODE OF TRIAL
must be followed by both magistrates and crown court.
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3 TYPES OF OFFENCES
summary (e.g driving offence), either way(e.g.theft), indictable(e.g.murder).
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START OF MODE OF TRIAL
plea before venue at magistrates court ( all cases start at magistrates court)
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COURT CHOICE
indictable-crown. summary-magistrates, eitherway-mode of trial decides.
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MODE OF TRIAL: EITHER WAY OFFENCES
if plead guilty-no input of court and dealt in magistrates court unless found necessary to give to crown court; if plead not guilty-mode of trial procedure.
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EITHER WAY: NOT GUILTY PLEA
1st consider if magistartes court can handle and punish the crime appropriate and proportionately.
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IF CASE NOT SUITABLE FOR MAGISTRATES COURT
transfer to crown court for trial ( happens when the maximum punishment isn't proportionate to crime e.g £5000 fine is max).
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IF MAGISTRATES COURT CAN HANDLE CASE
defendant has choice of courts.
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AO2) MAGISTRATE COURT: DIS/ADVANTAGES
A: only 6 months codial max and £5000fine max, less publicity too. D: higher conviction rates( more likely to be found guilty), less likely to receive legal funding.
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AO2) CROWN COURT: DIS/ADVANTAGES
A: more lenient because of jury, 60% chances of being found not guilty. D: jury not legally qualified, higher sentences available, more expensive .
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ARREST
code of practice G
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SECTION 24-32 PACE GENERAL
powers to arrest (ammended by SOCPA ss110-111) without warrant
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SECTION 24 PACE (VERSE 4)
all offences arrestable. Element 1: must be caught in the middleof planning/commiting/about to commit crime. Element 2: arrest must be necessary (must necessity test).
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SECTION 24 PACE (SOCPA) (VERSE 5)
citizen's arrest alowed without warrant if an arrested offence has/people reasonably suspect is about to happen.
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SECTION 24 PACE (SOCPA) (VERSE 6)
constable can arrest a person without warrant but with reasonable suspicion
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SECTION 24 PACE (SOCPA) (VERSE 7)
arrest without warrant if arrest-able offence is about to be commit ed or has been committed.
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SECTION 25 PACE
non arrest-able offence can be arrest-able if it is impracticable or inappropriate because of any general arrest conditions.
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SECTION 26 PACE
arrest for breach of peace.
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SECTION 28 PACE
officer must tell person 'YOU ARE UNDER ARREST', officer must state grounds of arrest.
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CODE C, 10.3
a person must be given a clear caution during arrest-"You have the right to remain silent but it may harm your defence in court(..) anything you do or say may be used against you in court.
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CODE C: CASE STUDY
Taylor V Chief Constable of Thames Valley (wasn't given clear cation).
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SECTION 29 PACE
if you voluntarily go surrender at the police station without arrest, you're entitled to leave at will.
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SECTION 30 PACE
arrested person must be taken to station ASAP.
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SECTION 32 PACE
search on arrest for something that can be used to harm or escape. Police can use reasonable force.
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AO2) ARREST: ADEQUATELY PROTECTED
must be given reason for arrest, officer can only use reasonable force, necessity test provides limitations to arrest.
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AO2) ARREST: NOT ADEQUATELY PROTECTED
many people dont know their rights, broad reason for deadly force may be seen as reasonable, necessity test provides many options to choose from to arrest.
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DETENTION
code of practice C
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SECTION 7 CJPOA
higher ranking officer can authorize detention up to 36 hours for any arrest-able offences
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SECTION 23 TERRORISM ACT
detention can be allow for up to 14 days for terrorism.
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SECTION 34 PACE
if custody officer sees the grounds of detention insufficient then he must order immediate release.
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SECTION 37 PACE
custody officer must decide if grounds are reasonable, the only way the person can stay without reasonable grounds is if the CO needs to either secure/preserve/obtain evidence relating offence.
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SECTION 39 PACE
custody officer's duty is toensure : detainees are treated according to PACE; all matters are recorded.
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SECTION 40 PACE
custody officer must review the detention every 9hrs if detainee is still not charged.
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SECTION 41 PACE
peson cannot be detained for more than 24hrs (summary offence) if not charged.
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SECTION 42 PACE
superintended must authorize detention up to 36hrs.
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SECTION 43 PACE
magistrates must authorise/warrant for detainee to stay longer than 32hrs but the maximum they can warrant is 72hrs.
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SECTION 44 PACE
magistrates can authorise extention of +36hrs of detention but it cannot be no later than 96hrs since detainee arrived.
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SECTION 57 PACE
a person who is under 17yrs old or mentally ill/handicapped must be given access to an appropriate adult.
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SECTION 57 PACE: CASE STUDY
R V Aspinall - schizopheric man wasnt given appropriate adult which led to his conviction but later after appeal court found out that this was unlawful as he was not in right mind and the evidence was impermissible.
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SECTION 56 PACE
right to have someone informed ( can be delayed with superintended permission for 36hrs).
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SECTION 58 PACE
right to legal advice/solicitor (can be delayed with permission from superintended for 36hrs only if it may interfere with evidence/other suspects/witnesses).
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SECTION 54 PACE
custody officer will record all possessions of detainee.
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SECTION 55 PACE
superintended may authorise intamate search by a doctor/nurse/qualified officer - look for weapons or Class A drugs.
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SECTION 61 PACE
fingerprints can be taken without consent if have permission from superintended (only to approve/disprove evidence).
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SECTION 62 PACE
intamate sampls can only be taken WITH person's consent and authorisation from superintended (only to approve/disprove evidence).
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SECTION 65 PACE
intimate samples include blood/semen/urine/pubic hair/dental impressions/swabs from orifice other than mouth; non-intamite samples include
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SECTION 76 PACE
no oppression or leading questions.
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Other cards in this set
Card 2
Front
stop and search
Back
SECTION 1-7 PACE
Card 3
Front
police can stop and search with reasonable suspicion in public area with t.he objective of looking for stolen or prohibited articles
Back
Card 4
Front
- cannot be based on personal factors e.g race or religion- objective (looking for something) basis to believe that you'll find something.
Back
Card 5
Front
any place the public have access to including a private garden and a pub car park.
Back
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