Police Powers

Police Powers

1. Acts

   • Police And Criminal Evidence Act (PACE) 1984
     • Section 1: Officers may search a person or vehicle in public for stolen or prohibited articles if they have reasonable grounds for suspicion
       • Can only ask suspect to remove outer coat, jacket and gloves in public
     • Officer must identify themselves and their station
   • Criminal Justice Act 2003
   • Misuse of Drugs Act 1971
   • Criminal Justice and Public Order Act 1994
   • Terrorism Act 2000
   • Serious Organised Crime and Police Act 2005
     • Created a new s.24 into PACE - police can arrest someone if someone is committing an offence (present), has committed an offence (past) or will commit and offence (future)
   • Police Reform Act 2002

2. Cases

   • Osman v DPP (1999)
     • Officer didn't give name or station so QBD said it was unlawful and Mr Osman not found guilty
   • Taylor v CC of Thames Valley Police (2004)
     • Taylor was a 10 yr old boy who threw stones during a demonstration. When arrested he claimed it wasn't made clear why he was being arrested which the court ruled understandable.
   • R v Samuel
     • Mother informed of arrest hrs before he was refused access to a solicitor. Court of Appeal ruled there was no reason to deny him his 'fundamental freedom' of consulting w/ a solicitor. Evidence became inadmissble.
   • R v Aspinall (1999)
     • Defendant suffered from schizophrenia and should have had an adult present in interviews. No adult present so evidence became inadmissible.

3. Codes of Practice

   • Code A - Stop and Search powers
   • Code B - Power to search premises/seize property
   • Code C - Dealing w/ detention + questioning
   • Code D - Rules for identification procedures
   • Code E - Tape recording of interviews
   • Code F - Visual recording w/ sound of interviews
   • Code G - Powers of arrest
   • Code H - Detention, treatment + questioning of those arrested under s.41 of Terrorism Act 2000

4. Necessity Test

   • Must have grounds to believe it is necessary to arrest at least one of the following reasons:
     • To enable suspect's name/address to be ascertained
     • To prevent the suspect: harming themselves or others, causing loss/damage to property, causing obstruction of the highway
     • To protect a child/vulnerable person
     • To allow a prompt + effective investigation of suspect or an offence
     • To prevent any prosecution of an offence being hindered by loss of suspect
   • Other Powers of Arrest
     • Arrest for breaching bail
     • Arrest for breach of the peace
     • Arrest w/ a warrant
     • Arrest by private citizen

5. Powers of Detention

   • Time limits on detention
     • 24 hrs for ordinary offence
     • Extra 12 hrs (36 hrs total) for serous offence - must have permission from superindendant
     • Max. of 96 hrs - must apply to Magistrates
     • Max. of 14 days for offence under Terrorism Act 2000
   • Custody officer must check on suspect every 6 hours
     • If they decide there are no grounds for detaining the suspect then they can order release
     • Must keep a record of everything that happens during suspect's detention
   • Searches
     • Strip search
       • Officer must suspect that suspect has a prohibited object on them to conduct a strip search
       • Involves removal of more than outer clothing
         • Only one half of the body at a time
       • Only conducted by a member of the same sex
     • Intimiate Search
       • Must suspect that suspect has a dangerous item on them/is in possession of drugs
       • Drug related searches must be carried out by a doctor/nurse
     • Should be carried out by a suitably qualified person
   • Samples
     • Non-intimate samples
       • Can be taken using force
       • eg. swab of mouth, hair from head, nail clippings
     • Intimate samples
       • Need permission from detainee
       • eg. blood, urine, pubic hair, dental impression etc.
     • Can only be taken by doctor/nurse

6. Complaints

   • Minor complaints dealt with informally
   • More serious complaints dealt with by the police force or the Independent Police Complaints Commission
     • IPCC set up in 2004 to supervise handling of complaints against the police

7. GOWISELY

   • G - grounds for search
   • O - object of search
   • W - warrant card
   • I - idenification
   • S - station
   • E - entitlement to search record
   • L - legal power
   • Y - you are being detained for the purpose of search