Police Powers

Police Powers

Detention & interviews
1. rights at station
  1. Codes of Practice
  2. have someone informed
    1. suspended 36 hours
  3. right to legal advice
    1. suspended 36 hours
      1. R v Samuel
  4. rights told verbally and written
2. met by custody officer
3. start review
  1. after 6 hours
    1. 15 hours
      1. every 9 thereafter
4. summary offence
  1. 24 hours
5. Codes of Practice sets out guildelines
6. indictable offence
  1. 24 hours
    1. extended 36 by custody officer
      1. 96 apply to Magistrates' Court
7. cell adequately
  1. lit
  2. heated
  3. ventilated
  4. breaks
  5. 2 light meals 1 main meal
    1. period 24 hours
  6. same for interview room
    1. chair
    2. evidence obtained through oppression
      1. not used in court
    3. breaks every 2 hours
    4. 8 hours continuous rest in 24 hours
    5. under 17 or mental ill or vulnerable adult
      1. appropriate adult must be present
8. can take samples and fingerprints
  1. reasonable force
searches & samples
stop and search
1. lawful stop
  1. officer must state name and station
  2. state reason for search
  3. cannot based on...
    1. appearance
    2. race
    3. age
    4. known previous conviction
  4. can be stopped..
    1. acting suspiciously
    2. symbol gang member
    3. reasonable grounds
  5. public place
    1. garden
    2. street
    3. car park
2. remove
  1. outer coat
  2. jacket
  3. gloves
  4. Terrorism Act 2000
    1. headgear
    2. shoes
  5. private
    1. shoes
    2. t- shirt
3. set out Section 1 PACE
4. guideline Code A
Arrest
1. breach of peace
  1. McConnell v Chief Constable of Essex
  2. can happen on private property
2. breach of bail
3. arrest with a warrant
4. arrest without warrant
  1. PACE
  2. Past, Present Future rule
  3. only is officer has reasonable grounds to suspct
5. citizens arrest

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