Police Powers

Police Powers

1. Inadmissable Evidence

   • S.76 - Confession gained through oppression may be inadmissable
     • Oppression is subjective
     • Paris 1993 ~ interview lasted 13 hours in which suspect was shouted at by police and denied offence 300 times (found to be oppressive)
   • S.77 - any confession gained without an appropriate adult will be deemed inadmissable
     • An appropriate adult is anyone over 18 and an educated individual (normally a social worker)
     • If the suspect is 17 or under or considered a vulnerable individual, they will need an appropriate adult present
   • S.78 - "not in the interest of justice, the evidence will be deemed inadmissable"

2. Introduction

   • Police and Criminal Evidence Act 1984
     • S.66 - Codes of Conduct for Police
       • Failure to comply with Codes of Conduct will lead to: Inadmissable evidence, police could face prosecution or displinary procedures or face investigation by Independent Police Complaints Commission
     • Philips Commission 1981
       • Also created the CPS as an independent prosecuting body
       • Miscarriages of Justice
         • Polices conflict of interest prior to Royal Commission
         • Cases: Birmingham Six and Guildford Four
     • Inadmissable evidence (S.78)

3. Stop and Search (Code A) Ss.1-3

   • Reasonable suspicion or reasonable grounds to believe :
     • Possession of stolen goods
     • Possession of prohibited goods (alcohol, drugs, weapons or objects which may cause criminal damage) (S.1(6) - objects of prohibited nature can be seized)
   • Prohibited from stopping on grounds of personal factors (Equality Act 2010)
   • Stop and search must be done in a public place (S.1) (a place where public have access to even if it is privately owned)
   • What can be searched? Person (Outer clothing only [S.2(9)]), Bag and Car
   • S.2 - By Law, suspect must be given reason for stop and search, a record of the search (S.3), name and station number of officer
     • Osman 1999 - suspect was not given name or station number of officers who he got into a fight with after stop and search (charges were dropped as Police did not have correct duty)
   • S.117 - Reasonable force can be used by Police
   • Rice V Connelly 1966 - no obligation to speak to the Police

4. Search of Premises (Code B)

   • With a warrant (S.8)
     • Given by Magistrates
     • Reasonable grounds to believe an offence had taken place or there is stolen or prohibited good
     • Warrant must be shown at first opportunity (Longman 1988)
   • Without a Warrant (S.17)
     • Reason must be given at first opportunity
     • In order to : recapture an escaped prisoner, arrest someone on an arrest warrant, save a life or seize any evidence in relation to reasons (S.19)

5. Arrest (Code G) (S.24 as amended by S.110 Serious Organised Crime and Police Act 2005)

   • Reasonable grounds for believing that : an offence has taken place, an offence is taking place or an offence is about to take place
     • Objective intelligence from official source
     • Subjective behaviour
   • Arrest is necessary
     • Necessity Test (S.24(5))
       • Enable name and/or address to be ascertained
       • Prevent suspect from causing physical injury to theirself or another individual
   • Caution must be read to suspect (S.28) (Taylor 2004)
   • Citizens' Arrest - must only be done for indictable offences [S.24(A) - inserted by SOCPA]

6. Detention (Code C)

   • S.30 - after arrest taken straight to station
   • S.36 - Custody Officer will open log of case
     • S.38 - Bail - presumption for bail (S.4 Bail Act 1976)
   • S.56 - Phonecall* , S.57 - appropriate adult, S.58 - legal advice* and food/drink/breaks should all be provided by Custody Officer
     • * not an immediate right for suspects - can be withheld for 24 hours
   • Detaining Times
     • S.41 - 24 hours for summary offences - 36 hours for triable either way or indictable offences
     • S.42 - held for further 12 hours only with permission from senior officer - summary and triable either way offences need to be charged/released/bailed/remanded
     • S.43 - indictable offences only can be held for 96 hours with permission from Magistrates
     • Terrorism Act 2000 - held for up to 28 days without chagre
   • Custody Officer will review case after 6 hours then every 9 hours until detaining time is up

7. Interview

   • Code C - must be cautioned before every interview, all confessions must be read back to suspect and an appropriate adult if applicable
   • Code E - all interviews must be recorded
   • Code F - some interviews must be filmed

8. Samples and Searches (Code C)

   • Non-intimate samples can be gathered without consent from suspect (Hair, fingerprints, mouth swabs, photographs and ear prints)
   • Intimate samples can only be gathered with consent of suspect or with permission of superintendent or above
   • Non-intimate searches with no consent needed
   • Intimate searches can only be carried out if officer has reasonable grounds for search